Political Crossfire Forums

[Mitchener]

Here in Pennsylvania, all is not well. Our legislature passed a bill at two in the morning on July 7, 2005. After much protest they repealed that law. The basics of that legislation was to give themselves a pay raise, but call it an unvouchered expense, so that they could take the money right away. The state constitution prohibits mid-term pay raises for legislators. The state judges and high ranking state officials also received raises. The law also provided that if any part of the law was considered unconstitutional then the entire law would be voided. Well after much pressure the pay raise was repealed. But, the judges, wanting their raise, filed suit and won. The Supreme Court judges who heard the case have in effect reinstated their $15,000 pay raise

I just sent in my estimated quarterly tax payment. It galls me that some of that money will go to pay for judges pay raises. If their pay raise had been passed in a straight forward manner I wouldn’t be so frustrated, angry, aggravated, and bothered.

In November we voted to deny retention to a Supreme Court Judge. We went to the ballot box, long after people would have thought we forgot, and we voted out 17 incumbent lawmakers in this May’s primary
We wrote letters to the editor of numerous papers. The pay raise was a law that just went too far over the line of decency and respect for the taxpayers who fund this state. And now we learn the judges who will directly benefit from this decision have ruled in their own behalf.
Well, well, well. I wonder why the people are so angry? I wonder why the people are so disenchanted? I wonder why the voter turnout is so low?
It is time we turn out at the polls. It is time we go and vote. And if there isn’t a candidate running that you like write in someone you would support. Please, don’t let the politicians, and the ‘leaders’ of this state think that this ruling is OK with those of us who pay the bills.
Margaret Mitchener

[Richard Owl Mirror]

While I'm sympathetic to your plight, I'm not sure what could be done short of going to the US Supreme Court.

CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA
Quote: Compensation
Section 8.
The members of the General Assembly shall receive such salary and mileage for regular and special sessions as shall be fixed by law, and no other compensation whatever, whether for service upon committee or otherwise. No member of either House shall during the term for which he may have been elected, receive any increase of salary, or mileage, under any law passed during such term.
No mention of Judges in this section.

Quote: Compensation Laws Allowed to General Assembly
Section 18.
The General Assembly may enact laws requiring the payment by employers, or employers and employees jointly, of reasonable compensation for injuries to employees arising in the course of their employment, and for occupational diseases of employees, whether or not such injuries or diseases result in death, and regardless of fault of employer or employee, and fixing the basis of ascertainment of such compensation and the maximum and minimum limits thereof, and providing special or general remedies for the collection thereof; but in no other cases shall the General Assembly limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property, and in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted. No act shall prescribe any limitations of time within which suits may be brought against corporations for injuries to persons or property, or for other causes different from those fixed by general laws regulating actions against natural persons, and such acts now existing are avoided.

Quote: Extra Compensation Prohibited; Claims Against the Commonwealth; Pensions
Section 26.
No bill shall be passed giving any extra compensation to any public officer, servant, employee, agent or contractor after services shall be rendered or contract made, nor providing for the payment of any claim against the Commonwealth without previous authority of law. Provided, however, that nothing in this Constitution shall be construed to prohibit the General Assembly from authorizing the increase of retirement allowances or pensions of members of a retirement or pension system now in effect or hereafter legally constituted by the Commonwealth, its political subdivisions, agencies or instrumentalities, after the termination of the services of said member.

Quote: Changes in Term of Office or Salary Prohibited
Section 27.
No law shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment. E. Restrictions on Legislative Power

Article V
THE JUDICIARY

Quote: Compensation and Retirement of Justices, Judges and Justices of the Peace
Section 16.
(a) Justices, judges and justices of the peace shall be compensated by the Commonwealth as provided by law. Their compensation shall not be diminished during their terms of office, unless by law applying generally to all salaried officers of the Commonwealth.

(b) Justices, judges and justices of the peace shall be retired upon attaining the age of seventy years. Former and retired justices, judges and justices of the peace shall receive such compensation as shall be provided by law. No compensation shall be paid to any justice, judge or justice of the peace who is suspended or removed from office under section eighteen of this article or under Article VI.

(c) A former or retired justice or judge may, with his consent, be assigned by the Supreme Court on temporary judicial service as may be prescribed by rule of the Supreme Court.


~@~

The above is not an exhaustive examination of your constitution so I may have missed something which might assist you.

Again, all I can offer is that a impartial Judiciary should look at this case.

[agentkgb]

Too bad government officials aren't all staying up until two in the morning carefully considering what the right decision is. Ted Stevens could use that time to learn about the internet.