46 New York’s supreme court justices are being forced to retire this year due to their age and due to pandemic-caused shortfalls. These judges are considering banding together and suing the state.
This could be a very challenging case for the justices as state law says that they can be retired at the age of 70. Even though they can apply for extensions up to the age of 70, they are not guaranteed that right.
This year 49 justices applied for extensions. Only three were approved.
The pandemic has upended many organizations financially, and our courts have not been spared. Facing deep budget cuts, New York’s Office of Court Administration decided to force the retirement of most judges over 70 years of age. And the justices are fighting back.
Another challenge the justices face is that New Yorker voters already weighed in on the issue of age. In 2013 New Yorkers voted against adding ten years to the working age of judges. Had the proposal passed, supreme court judges would be able to remain on the bench until the age of 80. But the people said no.
To make their case stronger, there is talk of the supreme court justices teaming up with appellate court judges who were also forced to retire. Appellate judges have unique constitutional arguments in their favor as they are appointed, unlike the supreme court judges who are elected. It will be interesting to see if they can indeed add weight to the supreme court justices’ argument.
The judges poised to sue are from all over the state – from Queens Supreme Court to Long Island, from Nassau to Suffolk.
The courts are set to save around eight million dollars next year alone on the salaries for these supreme and appellate court judges.
Sources
How Old Is Too Old To Judge In NY?
Judicial Selection Methods in the State of New York
New York courts terminate 46 judges in move to slash budget
NY Forcing 7 Long Island Judges To Retire
Proposed Constitutional Amendments – 2013
Senior Judges Being Terminated Under Judiciary Budget Cut Said to Be Mulling Lawsuit