New York Court leaders double down on plan to cut 46 judges
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Chief Administrative Judge Lawrence Marks said New York court leaders remain committed to the plan to cut 46 judges over age 70. AP Photo by Mike Groll
By David Brand
New York' court leaders are sticking with a plan to trim the judiciary budget by cutting ties with nearly every judge over 70 in the state, despite criticism from some lawmakers and legal leaders.
After Assembly Judiciary Committee Chair Jeffrey Dinowitz urged New York’s top judges to reconsider the decision, Chief Administrative Judge Lawrence Marks said they had no choice but to let go of 46 state Supreme Court justices.
“To avoid layoffs of non-judicial employees this fiscal year — something I am sure you agree should be an absolute last resort — we are compelled to take additional painful and difficult steps such as the decisions regarding certification,” Marks wrote in a response to a letter from Dinowitz Monday.
The Office of Court Administration is seeking to cut $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. 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, he told Dinowitz
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.
Dinowitz had called on state court leaders to wait to take drastic action because a tax hike on wealthy New Yorkers or a federal relief package could plug the budget hole and allow courts to function more efficiently throughout the COVID pandemic.
“This decision, which by definition is a form of age discrimination, will exacerbate the crisis facing our court system and will significantly impact the already huge backlog facing many of the courts due to COVID-19,” he said.
The move to cut judges will have a particular impact in the Bronx, which will lose eight judges over age 70, the most of any county in the state according to a list provided by OCA. Six Supreme Court judges in Queens will lose their job, tied with Manhattan for the second highest number of terminated jurists in New York.
The decision not to recertify the judges will also affect law secretaries and court clerks, who will either be laid off or hired by another judge with an open position. The cutbacks come amid mounting caseloads as a result of the COVID crisis.
“I realize that you are faced with a horrible situation, but decimating our courts is not the answer,” Dinowitz wrote.
