A budget dispute over health insurance for Pierce County Superior Court judges could wind up in court.
County Executive Pat McCarthy has proposed eliminating county health insurance for the judges, who already are covered by the state health insurance plan. The move would save $182,000 at a time when the county is cutting costs to balance its 2010 budget.
“We have to do a reality check,” McCarthy said. “In the court of public opinion, it just doesn’t stand to reason that they would have two fully covered benefit plans.”
But the argument might not be limited to the court of public opinion.
The judges claim the state constitution prohibits the county from cutting compensation for Superior Court judges during their term of office.
At a County Council budget hearing Thursday, Presiding Judge Bryan Chushcoff said the judges would prefer not to take the matter to court. But they might.
“If judges don’t stand up for the constitution, who will?” Chushcoff said in an interview after the hearing. “It sounds self-serving, but people would be hurt.”
Superior Court judges are partly county and partly state employees whose salary is split between the county and the state. They also are covered by state health insurance.
Most counties don’t provide additional health insurance to Superior Court judges. McCarthy said she believes only two other counties in the state provide extra health insurance for the judges.
Pierce County began to phase out health insurance under previous County Executive John Ladenburg. His plan “grandfathered” sitting judges but eliminated coverage for new judges.
As a result, 19 of the 22 Superior Court judges get county health insurance in addition to their state coverage.
Chushcoff said many of the judges are older people with spouses who don’t work, so the double coverage provides an important benefit. He said medical bills could be “financially devastating” without the double coverage.
In a recent letter to the County Council, Chuscoff cited a provision of the state constitution that states “compensation for state officers shall not be increased or diminished during the term for which they shall have been elected.”
It also cites a state attorney general’s opinion that indicates compensation includes salaries and benefits. The judges contend the county cannot eliminate their coverage until their current terms expire in three years.
At Thursday’s hearing, Councilman Tim Farrell, D-Tacoma, asked Chushcoff about rumors the judges were prepared to sue if their county health insurance is eliminated.
Chuscoff said the judges would prefer not to have to go to court, but noted that each judge is elected independently.
“If one of them chooses to go that route, I have no ability to tell them not to,” Chuscoff said.
McCarthy said her office has been contacted by an attorney threatening to sue to retain county health insurance. The executive also has heard from an attorney questioning why some judges have county coverage and others don’t.
McCarthy said she believes the county can legally eliminate the judge’s health insurance. She cited a decision by King County to eliminate double health insurance for judges several years ago.
At a time when the county is asking employees to pay some health insurance costs for the first time, McCarthy said it’s “unconscionable” that judges would be double-covered. She noted her own husband – John McCarthy – is a Superior Court judge.
“This affects me personally,” she said. “I’m walking the talk here. This is something we have to do.”
County Council members seem to agree.
“I think everyone is having to give up a lot right now,” said Councilman Shawn Bunney, R-Lake Tapps. “I think it’s a little over the top for the judges, who already have pretty good health insurance, to bring up constitutional issues.”
“If you are (filing a lawsuit), that is a way to poison the well up here,” Farrell told Chuscoff.
David Wickert: 253-274-7341
david.wickert@thenewstribune.com
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