The judge sued the township committee last year when they stopped paying him in the middle of his term.
An attempt by Greenwich Township to reduce a municipal judge's salary in the middle of his term would have had far-reaching implications that threatens the independence of local judges across New Jersey, a state court has ruled.
The court sided with municipal Judge Joseph S. Novak, who sued the township after his pay for 2015 was stopped in August.
A Greenwich Township municipal judge sued the township committee when his pay was stopped last August. (NJ Advance Media file photo)
Superior Court Judge Frank Ciuffani, sitting in Middlesex County, ordered Novak be paid at the $40,066 annual rate set when the township reappointed him in 2013, including the remaining $13,869 owed for last year.
"Local governments must not be allowed to treat judicial salaries as a budget item that can be altered at their whim," Ciuffani said in his decision dated Jan. 11. "If municipalities are permitted to exert economic pressure on municipal judges in the middle of their terms, the independence of the judiciary would be severely damaged."
"We couldn't see it logically coming down any other way," Novak's attorney, John R. Lanza, said Wednesday.
Mayor Will Spencer said he could not comment because some parts of the court's order have not been resolved. James Pfeiffer, the attorney representing Greenwich in the case, could not immediately be reached for comment Wednesday.
The lawsuit named Greenwich and the 2015 township committee as defendants, with the ability to add in new committee members as necessary.
Novak has 25 years experience as a municipal judge and was first appointed in Greenwich Township in 2008, with two subsequent three-year terms approved by the township. His latest term concludes at the end of this year.
The municipal court handles cases from the township police department and New Jersey State Police, and Novak has held five court sessions a month to handle the case load, according to the court's opinion.
In 2014, the township informed Novak of a pending agreement with Pohatcong Township for shared municipal courts, according to court documents. Novak was to be retained through the end of his term.
Twice in 2015, the township asked for a reduction in the number of court sessions and the judge's salary, though the vicinage's assignment judge ordered both be maintained as agreed in Novak's appointment, according to the facts detailed in the opinion.
The township stopped paying Novak on Aug. 14 and later that month capped his salary at the $26,197 he had made to that point, court documents say.
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By adjusting the salary in the middle of the term, "that could very well impact on the court's ability to judge cases, and impartiality," Lanza said.
The court agreed, saying that while municipalities must budget for local courts, their operation falls under a separate branch of government.
"To sanction (the township's) actions, would be to allow other municipalities to leverage their budgeting role and contravene the will of the judiciary," Judge Ciuffani wrote in his ruling.
The township was ordered to pay Novak his agreed upon salary through the remainder of his term, reimburse back pay and pay Novak's attorney fees. Those fees are still being discussed, Lanza said.
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.