A judge temporarily struck down part of a pay raise for New York state lawmakers on Wednesday.
In exchange for the raise, lawmakers were expected to limit their outside income to $35,000 annually outside of their legislative salaries with some caveats. That part is set to go into effect on Jan. 1.
But thanks to a ruling from Justice Alison Napolitano, that outside income cap is now on hold in court until a final ruling in the case.
Former Attorney General Dennis Vacco, now a partner at Lippes Mathias LLP, leading the firm's government and corporate investigations unit, represents the plaintiffs' opposing the cap.
“We’re very happy. We think, ultimately, we prevail in this case,” he said.
In the meantime, Vacco stressed, the ruling will at least maintain the status quo.
“It’s an important step to lessen any confusion and force our clients into life-altering decisions that could be irreparable,” he said.
Defendants, represented by the state attorney general's office, argue the cap is necessary to “prevent conflicts of interest and ethical dilemmas rising from legislators' outside earned income.”
In the ruling, they also hit at the idea that the limit is unconstitutional.
“Courts should not second guess the Legislature's judgment as to the necessity of a law designed to discipline its members and protect its integrity and esteem,” the document reads.
The attorney general’s office declined to comment, as did Assembly Speaker Carl Heastie, and efforts to reach a representative for Senate Majority Leader Andrea Stewart-Cousins were unsuccessful.
Republicans at the top of both chambers are technically defendants, but they have separate representation and have indicated support for the plaintiffs, with Senate Minority Leader Rob Ortt affirming that support in a statement to Spectrum News 1.
“Our founding fathers supported the idea of citizen legislators over career politicians. This ruling affirms that principle and protects the ability of citizens from all walks of life to serve in the state Legislature,” he said.
Assembly Minority Leader Will Barclay expressed a similar sentiment.
“The attempt by Albany Democrats to disqualify citizen-legislators in favor of full-time politicians raises serious constitutional questions,” he said in a statement. “The court recognized these concerns and ruled appropriately yesterday.”
Those opposing the income limit argue that the state constitution set out to have a Legislature made up of everyday citizens whose sole occupation is not a lawmaker, and disclosure laws already weed out conflicts of interest.
Democratic Assemblymember John McDonald, a former pharmacy owner, said he agrees in concept.
“What a lot of people don’t recognize is that those individuals who are on the ground talking to the average person each and every day truly get a better understanding of what the issues are,” he said.
That said, he supports the $35,000 cap as a middle ground.
“My fear if there was a total ban is that we would have had a Legislature that is not in touch with the people," he said. "Everyone has different styles and preference. I think this is a compromise we can all work with."
The parties involved are due back in court on Sept. 30, 2024.