Statement By Attorney General Eliot Spitzer Regarding The Legislative Pay Withholding Statute

This morning Judge Richard Huttner issued a decision and judgment declaring unconstitutional the legislative pay withholding statute. This Office intends to appeal.

Judge Huttner’s decision does not order the State to take any immediate action regarding release of the paychecks that have been withheld since April. The legislators who commenced this suit initially had sought injunctive relief requiring that the legislators be paid, but then later withdrew that request. Therefore, the Judge’s decision does not order release of the paychecks, but instead simply declares that the statute is unconstitutional. Upon requests for guidance, we have advised both the Comptroller and the Governor’s Office that although they may release the checks, in light of the posture of this case, we believe there is no obligation to do so pending final disposition of the case on appeal.

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