Winning the case could save taxpayers tens of millions of dollars. But continuing to fight it carries an expensive risk, too. The state must pay 10 percent annual interest on the back wages and benefits, meaning the bill is climbing by $4 million a year as the case drags on at the 2nd District Court of Appeal four years after retired appeals court Justice Robert Mallano filed the lawsuit.
The case centers on Mallano’s complaint that the state failed to give mandatory raises to judges during the recession between 2008 and 2013. By law, judges receive raises based on average wage increases that go to other state employees. If the average wage increase for all state workers is 3 percent, judges also would get a 3 percent raise.
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