Bench-clearing brawl: NY judge group may sue state court leaders to block cuts
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The Association of Justices of the Supreme Court of the State of New York is considering a lawsuit against Chief Judge Janet DiFiore and the OCA Administrative Board. AP Photo/Hans Pennink
By David Brand
An organization that represents hundreds of New York supreme court justices may soon sue top court administrators over their decision to terminate nearly every judge over 70 in the state.
The Association of Justices of the Supreme Court of the State of New York has reached out by email to 46 judges whose careers will come to an end Dec. 31 to see if they are interested in becoming plaintiffs in an Article 78 lawsuit against the Office of Court Administration’s administrative board, which chose not recertify them to the bench last month.
“The Association’s Executive Board is having discussions whether to proceed against the Administrative Board with an Article 78 proceeding and would appreciate your input,” Association President Charles Merrell wrote to the judges in an email shared with the Eagle. Merrell is a supreme court justice in Lewis County.
“Kindly let me know at your first convenience your position whether to proceed and if so, your willingness to be a named Litigant in the suit,” he added.
A handful of judges say they are interested in learning more about the potential lawsuit and possibily signing on as plaintiffs, but declined to talk about the plan at this point.
Article 78 proceedings allow New York residents to appeal decisions made by state or city agencies that they consider illegal or arbitrary. Merrell and the association have not yet responded to requests for comment.
Under state rules, state 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.
Last month, the OCA administrative board declined to recertify 46 of 49 judges over age 70 for another two-year term on the bench, citing a need to trim 10 percent, or $300 million, from the judiciary budget. Chief Administrative Judge Lawrence Marks has said that letting the judges and their staff go will save the court system about $55 million overt he next two years.
The Association of Justices of the Supreme Court of the State of New York denounced the cost-cutting move in a letter to Chief Judge Janet DiFiore and the OCA administrative board earlier this month.
“This, frankly, shocking decision could not have come at a worse time,” they wrote.
The late-September decision 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,” they added. The letter was signed by Merrell and association president-elect Carmen Velasquez, a Queens Supreme Court justice.
The judges also have the support of Assembly Judiciary Committee Chair Jeffrey Dinowitz and 22 other assemblymembers, who have urged court leaders to retain the judges. Dinowitz characterized the decision as “a form of age discrimination.”
OCA leaders have repeatedly said that denying recertification to judges over 70 and their staff will enable the court system to avoid laying off other staff members.
“We are living through a seminal event,” said OCA spokesperson Lucian Chalfen. “Times like these call for shared sacrifice from individuals and bold thinking from institutional leaders.”
“The measures taken by the chief judge and administrative board have the best interests of the state’s court system that is charged with serving all New Yorkers,” Chalfen added.
