At issue is Cuomo’s cut of $77 million from the proposed judicial budget of $966 million. Under the New York constitution, Wachtler argues, the judiciary has the right to send its budget to the legislature “without revision” by the governor. “The governor has put himself in the way,” says Wachtler. The issue is not being fought as a dry, analytical matter. Says Cuomo: “Do we have some elitist Brahmin government here with two budgets: one, ‘we the people in robes decide what we need,’ with what’s left over going to the other 18 million New Yorkers? It’s a democratic atrocity.” Counters Wachtler: “Not one penny goes to the judges. The people waiting two, three or four years for their day in court, the abused, neglected child who wants a hearing, they’re suffering most.”
Wachtler argues that the current budget, coming on top of 10 years of “underfunding,” has left the judiciary “crippled.” The state cuts led to 495 layoffs and the closing of many of the state’s civil courts. For his part, Cuomo says he must control taxing and spending, and the judiciary must “shoulder its share of the burden.” He contends that Wachtler’s home-court advantage renders the case “an absurdity” since, by deciding for Wachtler, state judges could get salary increases. Not surprisingly, Wachtler disagrees. He plans to recuse himself should the case reach his court, the court of appeals. “There’s plenty of precedent for this and the governor knows that,” says Wachtler. But such suits are rare. Wachtler’s staff found 14 other cases in which courts compelled other branches of government to give them more money. Most, however, involved lower courts suing local governments.
A hearing on Cuomo’s suit resulted in a reprimand to both men from federal district Judge Jack B. Weinstein. He asked both parties “to stop, to reason, to withdraw” and added that litigation was unlikely to solve the problem. His solution: appointing former secretary of state Cyrus Vance as a mediator. But Vance may not have much luck. Wachtler said he’d be delighted to meet, but Cuomo claims he simply cannot negotiate on the budget. Now they are both friends in need.
