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Forced Judicial Retirement, A Bad Idea

Approximately 20 states have mandatary retirement ages of between 70 and 72 for judges. Several others have mandatory retirement ages of between 70 and 75.

Nine states are currently considering legislation to increase or eliminate mandatory retirement ages for judges. New York is one of those states. In New York the mandatory retirement age for judges is currently 70 years of age.

State Senator Thomas Duane from Manhattan has requested the repeal of mandatory requirement ages for judges in the State of New York. Currently judges in New York state must retire when they turn 70. They can remain on the bench for up to three 2 year terms if they can prove their physical and mental fitness to continue serving in judicial capacity.

It will be necessary to amend the New York State constitution to change the forced retirement of New York judges. This will require two separately elected Legislatures to pass this amendment to the state constitution. It will then need to be passed by the voters in a state wide referendum before it can go into effect.

Federal judges do not have mandatory retirement ages. Many federal judges serve well into their 80’s.

United States Supreme Court Judge John Paul Stevens, age 90, has recently indicated he is going to retire. Justice Stevens had a remarkable career on the United States Supreme Court and his age has never slowed him down.

I regularly appear before Supreme Court Judges in their 70’s. They are experienced, dedicated, public servants should not have their judicial careers forcibly curtailed due to an antiquated forced retirement law. I recently celebrated my 60th birthday. Friends told me that 60 is the new 40. I have reflected on this suggestion. I now have20 more years of experience as an attorney now than I had when I was 40. I am better at almost every aspect in handling the rigors of my profession today then I was when I was 40. I suspect the same is true for judges with many years of experience. I urge the Legislature to quickly pass the law eliminating forced judicial retirement.

Elliot S. Schlissel, Esq.

Picture courtesy of toonpool.com.

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