The New Jersey Supreme Court is hearing a case that will decide if the pension and benefit reform the Legislature and Gov. Chris Christie passed last year applies to judges. A clause in the state constitution says judicial salaries cannot be reduced. The state’s representative argues that pension and health benefit contributions are separate from salaries and therefore legal, while representatives for judges say requiring increased contributions to pensions and health benefits reduces the take-home pay and therefore salaries of judges, making the practice illegal.

The new law calls for judges’ pension contributions to rise from 3 percent of their salary to 12 percent. Health care costs for judges would rise from 1.5 percent of their salary to 35 percent of the cost of the policy.

“The Legislature has not included pensions and health benefits within salary and therefore neither should this court,” Assistant Attorney General Robert Loughy argued.

But the plaintiff’s attorney, Justin Walder, argued that the 1947 constitution protects judges against a lowering of their salaries as a way of insulating them from political pressure.

“A 40-year history we have traced in our submissions to the court make it clear that the action here is clearly a diminishment and not a special privilege being afforded to jurors but rather consistent with the purpose of our constitution,” Walder said.

Members of the court gave no indication of when a decision will be made, but the outcome will affect the justices making the decision. Five justices heard the case Monday, with the chief justice recusing himself.

Chief Political Correspondent Michael Aron reports from Trenton.

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