Last September, the Administrative Board that runs New York’s courts decided to compel the retirement of 46 of the 49 judges 70 years or older who applied for the certification necessary to continue working until age 76, the mandatory retirement age. In the midst of a pandemic and preexisting budgetary and staffing shortfalls, this drastic action is a dagger in the heart of the New York Unified Court System and threatens its ability to effectuate justice for all New Yorkers. Absent a change of heart by the Administrative Board or an intervening court order, these judges will be permanently removed from the bench on Jan. 1, 2021.

The original justification for the Board’s decision was a request from Governor Cuomo earlier this year that all state agencies proposed budgets cuts of ten percent in response to COVID-19-related revenue shortfalls. There are many reasons why the Board’s response is shortsighted, counterproductive, and ultimately, may not actually result in any meaningful savings to the court system.

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