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Press Releases

For Immediate Release: Wednesday, November 2nd, 2005

Contact: Jordan Isenstadt (c) 516.991.3842 (w) 212.490.9535 (f) 212.490.2151

 

***PRESS RELEASE***

 

ORAL ARGUMENTS HEARD IN LEGISLATORS’ LAWSUIT AGAINST “THREE MEN”

 

New York, NY – Oral arguments were presented today before Judge Jane S. Solomon at New York State Supreme Court regarding a motion to dismiss a lawsuit against the “three men” over dysfunctional legislative practices.  New York State Senator Liz Krueger (D-Manhattan), Assemblyman Tom Kirwan (R-Newburgh), and the Urban Justice Center sued Governor George Pataki, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, the Senate, and the Assembly, challenging various rules and practices that contribute to the Legislature’s dysfunction.

 

Krueger, Kirwan, and the Urban Justice Center filed their lawsuit on February 15th in New York Supreme Court in Manhattan.  The plaintiffs are represented by the Urban Justice Center and its Director Douglas Lasdon and pro bono by Cleary Gottlieb Steen & Hamilton LLP and its partner and former Counsel to Governor Mario M. Cuomo, Evan A. Davis.  The arguments today involved a spirited discussion of the role of the courts in addressing a variety of constitutional issues the case raises regarding legislative practices.  Judge Solomon is expected to issue a ruling on the motion in 6-8 weeks.

 

The complaint incorporates the recent report of the Brennan Center for Justice at New York University School of Law, entitled The New York State Legislative Process: An Evaluation and Blueprint for Reform.  In particular, the complaint identifies numerous rules and practices of the Legislature and Governor that illegally discriminate against legislators belonging to the minority party of each house in violation of the United States Constitution, the New York State Constitution, and the laws of New York.

 

“I had hoped that my colleagues would recognize the need to respond to the public outcry over the way we do business in Albany.  Unfortunately that has not been the case, and while there have been some minimal reforms, proposals that would fundamentally challenge the antidemocratic procedures of the State Legislature have been blocked.  I therefore reluctantly turn to the courts and ask for their assistance in ensuring that all New Yorkers receive the equal protection and representation they are entitled to under the State Constitution,” said State Senator Liz Krueger.

 

Among the practices challenged in the complaint are the following:

 

•    Unequal funding of member support: Minority party legislators receive less funding than members of the majority party with equal responsibility for constituent communication and other necessary expenses.

 

•    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.

 

•    Placing insurmountable obstacles to discharge motions: Minority party legislators are effectively prevented from bringing bills to a vote before the full house because majority leaders control when and whether bills are reported out of committee, even when they have a reasonable prospect of success.

 

•    Secret debates and votes: Members of the majority party meet in secret conferences to debate and vote upon pending legislation.

 

•    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.

 

•    Leadership control over member pay: The leaders of each house of the Legislature control whether members receive additional compensation, commonly known as “Lulus,” and they punish members who fail to follow their direction by reducing or eliminating altogether these stipends; this makes it nearly impossible for a member of the minority party to solicit the support of members of the majority party.

 

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