Authorizes retired supreme court justices to serve as justice of supreme court until age 80

BILL NUMBER:S886A

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos- ing an amendment to section 2 of article 6 of the constitution, in relation to persons appointed to the court of appeals, and proposing an amendment to section 25 of article 6 of the constitution, in relation to service by retired justices and requiring judges of the court of appeals to retire at age 80

Purpose of bill

To raise from 76 to 80 the maximum age that retired judges may be certified to continue to serve, and to raise the retire- ment age for judges of the Court of Appeals.

Summary of provisions

OF BILL: Amends subdivision (e) of section 2 of Article 6 and subdivision (b) of section 25 of Article 6 of the New York State Constitution to increase the maximum age for which a judge, justice or retired justice can serve.

Justification

The State Constitution requires judges to retire at the end of the calendar year in which they turn 70. It also authorizes judg- es to be certified to continue to serve up to three times in two year increments, until age 76. The certification must find that that his or her services are necessary to expedite the business of the Court, and that he or she is physically and mentally competent to fully perform the duties of the office.

This constitutional amendment would raise the age through which retired judges can continue to serve from 76 to 80, allowing the State to retain experienced and able judges who are willing to work.

In addition, this measure would change the retirement age for judges of the Court of Appeals from 70 to 80, provided that no judge could be appointed to the Court of Appeals after they have reached the last day of December of the year in which they turn 70, consistent with the existing constitutional provision.

In 1999, The Office of Court Administration's Task Force on Mandatory Retirement of Judges concluded that "it is in the best interests of the judiciary and the people of the State of New York to amend the laws governing mandatory retirement of judges." The two recommendations made in that, report - creation of a "senior status" and expansion of the certification process to judges not covered by it - were not acted upon.

This measure takes a different approach - amending the Constitution to increase the age until which judges can be certified from 76 to 80. Raising the age that retired judges can serve from 76 to 80 will enable the state judiciary to continue to benefit from the service of many dedicated, experienced and productive judges currently being lost.

In addition, this bill provides that Court of Appeals judges would be able to serve out the end of their fourteen years terms without being

required to retire at age 70, although appointment past the age of 70 would not be possible.

Legislative history

S.5827 of 2011: Passed Senate and Assembly, Deliv- ered to Secretary of State

Fiscal implications for state and local governments

None anticipated.

Effective date

Resolved (if the Assembly concur), That the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2013 in accordance with the provisions of the election law.