‘Frankly shocking’ — Association of Supreme Court Justices slams OCA decision to cut judges and staff
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Queens Supreme Court, Civil Term Justice Carmen Velasquez is president-elect of the Association of Supreme Court Justices of the State of New York. Photo courtesy of Assembly of Ecuador
By David Brand
An association representing hundreds of New York Supreme Court justices says the Office of Court Administration’s decision to terminate nearly every judge over 70 in the state was a “shocking” and “disrespectful” move that will ripple through the entire court system.
In a letter to Chief Judge Janet DiFiore Thursday, the Association of Supreme Court Justices of the State of New York wrote that they were “disturbed” by the decision to let go of 46 justices and their judicial staff and asked DiFiore and fellow court leaders to reconsider.
“This decision will adversely impact these justices, their staff, the entire court system and, most importantly, the people the courts serve,” they added. 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.
On Sept. 29, Chief Administrative Judge Lawrence Marks informed county administrative judges about the decision to decline recertification to all but three judges over 70 who applied. The move will also affect dozens of judicial staff members who will be out of a job unless another judge has an opening.
“This, frankly, shocking decision could not have come at a worse time,” the association wrote in their letter to DiFiore. The letter gave judges and their staff “mere days to make important decisions concerning their retirement benefits, Social Security, Medicare, and alternate work options, made even more difficult given the current economic climate.”
“Beyond the merits, the manner in which these Justices learned about their effective termination was disrespectful,” they added.
Under state law, Supreme Court justices must apply for recertification and undergo cognitive exams every two years after turning 70 until they reach a mandatory retirement age of 76. OCA administrators are not obligated to grant recertification, even when judges demonstrate their cognition and capability.
OCA is seeking to slash $300 million from its judiciary budget and Marks has said that denying recertification to 46 of the 49 judges who applied will save the court system about $55 million.
The Queens judges who were denied recertification include Civil Term Justices Bernice Siegal, Joseph Esposito and Maureen Healy, along with Appellate Division Justice Sheri Roman. Two others, Justice Martin Schulman and Justice Rudy Greco, are retiring. Justice Frederick Sampson, another judge over 70, was recertified for a new two-year term last year and said he does not yet know if he will be allowed to continue working through 2021.
On the Criminal Term side, Justice Richard Buchter, Ira Margolis and Daniel Lewis were not recertified after they completed the typically routine process. Justices Barry Schwartz, Ronald Hollie and Leslie Leach, a former Civil Supreme Court administrative judge, have each decided to retire.
A hiring freeze, the elimination of all non-essential, non-personal service expenses and pay deferments have not been enough to meet the budget goal, Marks wrote in a letter to Assembly Judiciary Chair Jeffrey Dinowitz last week.
“The court system is facing a number of unprecedented challenges, including a budget appropriation reduction of 300 million dollars, which calls for some hard choices and shared sacrifices,” OCA spokesperson Lucian Chalfen said Friday.
