Elderly Judges Sue NYC Over Retirement Law
A group of older judges is taking legal action against New York City concerning an outdated state law that requires judges to retire at age 70.
In a lawsuit filed in Manhattan Supreme Court, three judges in their 70s claim that this 1869 law wrongly discriminates based on age, which they argue violates New York’s Equal Rights Amendment.
The judges point out that the mandatory retirement age was introduced when life expectancy was much lower, around early 40s. Interestingly, while some judges can stay on the bench until 76 through a certification process, they are still forced to step down simply because of their age.
The newly enacted ERA, brought about by the Ballot Act in 2024, states that age discrimination should be treated with the same level of seriousness as racial and religious discrimination. The lawsuit asserts that any law allowing such discrimination raises constitutional concerns.
Robert J. Miller, one of the plaintiffs and an appellate judge who recently turned 76, remarked that “forced retirement is not only personally devastating but also systemically damaging.” He notes that back when these retirement ages were first introduced, few people lived past 70, but now that’s very different.
The lawsuit also emphasizes that state legislators face no such age restrictions. If the same rules applied to them, around 30 members of the legislative body would need to retire this year.
David B. Sachs, a former state appellate judge representing the plaintiffs, called the case “historic.” He expressed concern over losing capable judges, stressing the detrimental impact on the justice system, as they can still provide valuable service.
Sachs mentioned that since the age limits were enacted, the state court system has put in place various measures, including regular physical and mental examinations, to ensure judges remain fit for their roles.
Miller expressed his concerns about the current state of the court, which is handling a notably large caseload. He stated, “Arbitrarily removing judges like myself and others based solely on age undermines the judiciary’s ability to provide timely and effective justice.”
Previously, Sachs and his firm successfully challenged efforts in 2020 to remove nearly 50 older judges during pandemic-related budget cuts.
