BILL NUMBER: S9295
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to authorize the Honorable Joseph J. Maltese to receive compen-
sation and service credit
 
SUMMARY OF PROVISIONS:
Section 1. States the determination of the legislature and office of
court administration to compensate Joseph J. Maltese, Justice for the
Appellate Division of the Second Department of the Supreme Court, for
his unnecessary dismissal serving the people of the State of New York.
Section 2. Authorizes the Office of Court Administration to pay Justice
Joseph J. Maltese the salary he would have earned from January 1st,
2021, to November 7th, 2021. Section two also lays out provision other
earnings and the Justice's pension.
Section 3. This act shall take effect immediately.
 
JUSTIFICATION:
Under New York State Law, Justices over the age of seventy must request
certification to continue to serve. In 2020, a number of justices were
denied this certification based on budget cuts that never came to frui-
tion. Since then, justices have been fairly compensated by the Office of
Court Administration, with Justice Maltese having been left out. There
is no denying that Justice Maltese has faithfully served his community
and that failure to have compensated him for his time is an affront to
that dutiful service to the state.
The bill would authorize Justice Maltese to be paid the salary he would
have earned from January 1st, 2021, to November 7th, 2021, just as
fellow Justices in his same condition have been since they were reau-
thorized by the Governor. It is essential that Justice Maltese be reme-
died any damages done onto him due to this oversight and that his situ-
ation be made whole with due compensation in terms of salary and
pension.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
See attached fiscal note in bill language.
 
EFFECTIVE DATE:
This legislation will take effect immediately.