Older judges invited back to bench to plug gaps in Housing and Family Court
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Judges coming back to the bench may be assigned to Queens Family Court. Photo by Jim.henderson via Wikimedia Commons
By David Brand
Older judges returning to the New York court system after last year’s layoffs will be assigned to Housing and Family Courts with “problematic backlogs,” court leaders said in a letter to judges earlier this week.
Chief Judge Janet DiFiore and the Office of Court Administration terminated the careers of 46 judges over 70 in order to slash judicial spending last fall before inviting them to reapply for judgeships following a cash infusion in the new state budget.
The judges who decide to come back to the court system won’t be returning their old chambers, however.
In a form letter to each judge Wednesday, state Chief Administrative Judge Lawrence Marks cautioned that the court system will use them to pick up the slack in Family Court and Housing Court.
“In making your decision to reactivate your application, please be advised that during the pandemic, case backlogs have increased unevenly, and there are, in particular, problematic backlogs in the Family Court and Housing Court,” Marks wrote in the letter reviewed by the Eagle. “We look forward to having the assistance of experienced judges at this critical time as we emerge from the pandemic and tackle this backlog.”
Marks’ notice comes a month after DiFiore said the state court system was looking at ways to tackle the compounding backlogs in Family and Housing Court. New York is bracing for a surge in evictions after the majority of tenants found protection through various COVID-related moratoriums and administrative delays.
“We are taking a hard look at all responsible options at our disposal, and we are working to ensure that we provide these critically important courts with the resources they need to meet the increased demand for their services,” DiFiore said in a weekly address to the legal community last month.
Several New York judges have convened to discuss the contents of the letter, with some expecting to be assigned to boroughs other than where they were elected. One non-Brooklyn judge told the Eagle they expect to be assigned to that borough’s Family Court.
On Friday, Office of Court Administration spokesperson Lucian Chalfen said judges will be assigned based on “where we determined the need is greatest.”
Under state law, New York Supreme Court justices are required to apply for recertification and pass cognitive exams every two years after turning 70 until they reach a mandatory retirement age of 76. Before last year, the recertification process was a formality for most judges.
The decision to cut the judges spurred a lengthy legal and public relations battle between the terminated jurists and state court leaders. DiFiore and Marks said the cuts were necessary after Cuomo order OCA to slash its judicial budget last year.
The recently enacted state budget, filled with cash from the federal government, raises OCA funding to pre-pandemic levels.
Marks’ letter also advises judges that they cannot return to the bench while collecting a pension, which several began receiving after they thought their judicial careers were over.
“It’s a big mess,” said one judge.
