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For Immediate Release: Tuesday, November
22nd, 2005
Contact: ***PRESS RELEASE*** JUDGE
ALLOWS LEGISLATORS’ LAWSUIT AGAINST “THREE MEN” TO GO FORWARD In February, New York State Senator Liz Krueger
(D-Manhattan) and Assemblyman Tom Kirwan (R-Newburgh) sued Governor George
Pataki, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver,
the Senate, and the Assembly, challenging the constitutionality of various
rules and practices that contribute to the Legislature’s dysfunction. The plaintiffs are represented pro bono by
Cleary Gottlieb Steen & Hamilton LLP and its partner and former Counsel
to Governor Mario M. Cuomo, Evan A. Davis.
In her decision, Judge Solomon wrote, “this lawsuit
addresses important issues central to the health of “I am pleased that the court has recognized the importance
of the issues addressed in our lawsuit, and that there is a role for the
judiciary in addressing legislative dysfunction,” said Senator Liz
Krueger. “For years minority members
and their constituents have suffered because of rules that discriminate
against them. Assemblymember Kirwan
and I look forward to our day in court on the counts that have been allowed
to proceed. In the meantime, we plan
to look carefully at Judge Solomon’s decision and explore our options
regarding those complaints that were not sustained.” The complaints that were upheld are the following: ·
Unequal funding of member support: Minority
party legislators receive less funding than members of the majority party
with equal responsibility for staff, constituent communication and other
necessary expenses. This argument
hinges on the equal protection clause and indicates that the present rules
undermine the ability of minority members to provide equal representation. ·
Unequal member items: Minority party members
also receive less funding for “member items,” which are funds for
legislator-initiated projects in their districts made available in violation
of the constitutional appropriation requirement. Once again, under the equal protection
clause, minority members face discrimination when it comes to member items. ·
Abuse of messages of necessity: Although the
Governor frequently invokes messages of necessity to pass legislation,
thereby avoiding the State Constitution’s requirement that all bills be on
the desks of all legislators at least three days before the vote, he does not
personally sign the messages of necessity.
These messages are signed by an “autopen,” which encourages abuse by
allowing their approval without the Governor’s direct involvement. “My hope is that one day I will be a member of a State
Legislature that views all of its members as equals regardless of political
party,” concluded Senator Krueger.
“Judge Solomon’s decision today to allow this case to proceed could
well be a historic step towards that goal.”
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