Mandatory Retirement Age for City Court Judges Struck Down
By: Joseph T. Burns
A Supreme Court Justice in Madison County held that the Judiciary Law’s mandatory retirement age for city court judges outside the City of New York violates the New York State Constitution. The provision of the Judiciary Law at issue requires city court judges, as well as other state judges, to retire from their position at the end of the calendar year in which they turn seventy years old. The Court found that, as to city court judges outside the city of New York, the mandatory retirement age was unconstitutional.
More specifically, the Court found that the mandatory retirement age for city court judges outside the City of New York violates the recently adopted Equal Rights Amendment (ERA) to the New York State Constitution. After being approved by two consecutively elected state legislatures, the voters of New York State approved the ERA at the 2024 General Election. Among other types of discrimination, the ERA prohibits discrimination based on age.
While the state constitution, like the Judiciary Law, imposes a mandatory retirement age for Court of Appeals Judges, Supreme Court Justices, county court judges, family court judges, surrogate’s court judges, and city court judges in the City of New York, it is silent as to a mandatory retirement age for city court judges outside the City of New York. The Judiciary Law’s mandatory retirement language, however, appears to be broader and cover city court judges outside New York City.
The Court held that the mandatory retirement language for city court judges outside New York City must be examined under a standard of strict scrutiny. New York State, the Court found, could not meet this burden. The Judiciary Law’s mandatory retirement age for city court judges outside the City of New York was, therefore, in violation of the ERA.
This decision does not impact the mandatory retirement age for other state judges.
A copy of the Court’s decision in this case can be accessed here.
