For now, older New York judges can remain on the bench after short-term court ruling
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Three Civil Supreme Court justices over 70 in Queens face termination. Eagle file photo by David Brand
By David Brand
A Suffolk County court on Friday issued a temporary restraining order preventing state court leaders from terminating nearly four dozen judges over age 70 across New York.
Justice Paul Baisley ruled in favor of the Supreme Court Justices Association of the State of New York, which represents judges across the state and sued to stop the Office of Court Administration from refusing to extend the tenures of judges over age 70. The group of judges has accused OCA’s Administrative Board of age discrimination and said letting go of so many experienced judges will erode the legal-justice system in the state.
The state court system must allow judges “and their staffs to continue to serve as Supreme Court Justices and remain in office” until at least the next hearing, which he set for Dec. 29.
Overall, Chief Judge Janet DiFiore and the Office of Court Administration’s Administrative Board denied recertification to 46 of the 49 judges who applied across New York. Under state law, Supreme Court justices are required to apply for recertification and undergo cognitive exams every two years after turning 70 until they reach a mandatory retirement age of 76.
The decision was a cost-cutting move designed to save the court system about $50 million over the next two years, said Chief Administrative Judge Lawrence Marks in September. Gov. Andrew Cuomo ordered OCA to cut 10 percent — $300 million — from its judiciary budget.
In an October letter to Chief Judge Janet DiFiore, the Association of Supreme Court Justices wrote that they were “disturbed” by the decision to cut judges with the courts facing lengthy COVID-fueled backlogs.
“This decision will adversely impact these justices, their staff, the entire court system and, most importantly, the people the courts serve,” they wrote. The organization is led by Queens Civil Supreme Court Justice Carmen Velasquez as president-elect and Lewis County Supreme Court Justice Charles Merrell as president.
As first reported by the Eagle, they began reaching out to affected judges — including six in Queens — about the lawsuit in October.
Various lawmakers, including the the heads of the Senate and Assembly judiciary committees, have come to the defense of the judges. As have members of the legal community.
“If money causes justice to be delayed, that’s a big problem,” said former Brooklyn Bar Association president Steve Cohn of the cost-cutting decision. “These judges have long and difficult calendars, both motions and trials, and if you protect them you keep the system protected.”
The Queens judges who were denied recertification include Civil Term Justices Bernice Siegal, Joseph Esposito and Maureen Healy and Criminal Term Justices Richard Buchter, Ira Margolis and Daniel Lewis.
Baisley also issued a temporary restraining order in a similar lawsuit filed by appellate judges facing termination.
Office of Court Administration spokesperson Lucian Chalfen criticized Baisley’s ruling as not grounded in firm legal standing.
“We remain on this farcical merry go round of orders being issued by the trial level justice only to be automatically stayed by the appellate division based on our pending appeal,” Chalfen.
“At some point the continued frosting of a nonexistent cake will end and the case will be decided on the merits.”
