It was pure kismet that Eric Turkewitz of New York Personal Injury Law had a case before Judge Edward H. Lehner yesterday, and happened to still be in the courtroom as the lawyers squared off to argue one of the most unique actions to find its way into a courtroom, Chief Judge Judy Kaye’s suit against the rest of the New York State government over judicial pay raises.
So Turk, having nothing better to do, hung around and listened, giving him the opportunity to provide a great report on the argument.
The Chief Judge has created a thicket of issues by suing the Assembly, Senate and Governor, with the case being heard by the judiciary. Justice Lehner noted at the outset that he stands to benefit from a raise if he were to order it.
With about a dozen lawyers and assistants involved in the well of the courtroom or sitting in the gallery, it was at the outset hard to tell the lawyers without a scorecard. Numbers and names on the back of suits would have helped.
Peering out over his reading glasses from his dark wood paneled courtroom at 60 Centre Street — and using the same demeanor he used to discuss whether a fall on wire on a floor was a slip or a trip, at issue on the case preceding this — Justice Lehner delved into the legal morass of what he called “the most novel case of my court career.” (Complaint)
Turk provides a terrific synopsis of the issues and arguments, and if you are interested in this ongoing train wreck, it’s definitely a worthwhile read.
From Turk’s description, Judge Lehner handled the argument with grace and intelligence, noting a variety of very unusual and sticky issues, and ultimately cutting through the chafe to get to the wheat.
The argument was also covered at Judicial Reports, which opens its post by recounting Judge Lehner’s using a little joke to break the tension:
Supreme Court Justice Edward H. Lehner cracked a joke while listening to oral arguments Thursday in a suit that could raise judicial salaries around the State.
“My daughter worked as a summer associate,” said Lehner. “She’s trying to get me a job there. I’d make more money.”
Ouch.
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One thing for sure about Lehner, as he moved swiftly from elevator case to slip-and-fall to Judiciary v. Legislature and Executive branches: The man loves his job. Few judges command their courtroom the way he does, and he cuts to the chase time and again demanding answers to narrow the issues.
And here is a nugget I didn’t put in my post. When he called the calendar at 9:30 he said Kaye v. Silver would likely get to the case at “10:45, no, make that 11:00”
He missed, according to my watch, by being 25 seconds late. So checked my watch when I got back to the office. I’m 40 seconds fast.
He’s a caseflow hero!!!