Proposes a constitutional amendment in relation to eliminating mandatory retirement for judges

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 25 of article VI of the constitution, in relation to eliminating mandatory retirement for judges

Purpose

To eliminate the New York State constitutional requirement mandating that New York State judges retire at the age of 70

Summary of provisions

This resolution would eliminate the mandate requiring New York State judges to retire at the age of 70 by removing sections 25(b) and (c) from Article VI from the New York State Constitution.

Existing law

Article VI Sections 25 (b) and (c) mandate that New York State judges retire at age 70 and outlines limited exceptions to this requirement.

Justification

Age discrimination has no place in the workforce. Yet the New York State Constitution mandates that all New York State judges retire when they reach the age of 70. This sends a terrible message that those over the age of 70 do not have the mental capacity to function effectively in the workplace or handle complex tasks.

In the past 50 years 19 Court of Appeals judges, and countless lower court judges, have been forced to retire due to this arbitrary age limit. Federal judges, on the other hand, including those in United States Supreme Court, have worked well into their 80's with no problems. There is no valid justification as to why New York State judges should be forced to retire.

Legislative history

New resolution.

Fiscal implications

Minimal.

Local fiscal implications

Minimal.

Effective date

Resolved, the Assembly concur that this amendment be referred to the first legislative session convening after the next succeeding general election of members of the Assembly, and, in conformity with section 1 of article 19 of the constitution, be published for three months previous to the time of such election.