Last June, former New Hampshire Superior Court judge Patricia Coffey sued the state, seeking an annual pension of nearly $90,000 and pension back pay of nearly $400,000, in addition to ongoing health insurance. Coffey resigned her position in 2008 after she was suspended for helping her husband create a false trust to hide assets. She was also found to have violated the state’s canons of judicial ethics by receiving a salary from a private company while on the state judicial payroll.
Coffey moved to California, but continued to make payments into the state pension system, and demanded full benefits once she was age-eligible in 2015. The state pension board denied her application.
Coffey is seeking a jury trial, but last week the state moved to dismiss the case altogether. That motion is pending before the federal court.
Roy Moore, the disgraced judge turned disgraceful Senate candidate, received good news recently when the Retirement Systems of Alabama (RSA) Board approved his $135,000 annual pension, representing 75% of his annual salary before he was suspended from his duties as Alabama Chief Justice in September 2016. The RSA Board indicated that it has no legal authority to reject or change a judge’s pension. Moore qualified for the pension under state law due to his previous years of service and age at the time he was suspended.
Meanwhile in Washington, Senator Charles Grassley recalled ex-judge Thomas Porteous’s efforts to fleece taxpayers with his own retirement pension. Porteous was impeached and removed from office in 2010 for taking bribes and engaging in a variety of corrupt acts. Shortly before he was impeached, Porteous tried to claim disability retirement in order to secure a lifetime annual salary of nearly $175,000.
No one could be blamed for wanting to deny retirement payments to judges whose conduct in office was reprehensible, as was the case (in different ways) for Moore and Porteous. The counterargument is that reprehensible conduct cannot be clearly defined, and the ability to remove benefits will become a weapon against judicial independence. Where and how should we draw the line?
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