Watchdogs Decry NY Plan to Remove Senior Judges; Claim ‘Ageism’ at Play

By:  Brian Olmeyer

Elderly Supreme Court Judges have been directly impacted by Governor Cuomo’s $300-million cut to the state courts budget.

This budget would affect judges over the age of 70. What this means is that 46 of the 49 arbitrators currently in court, won’t have their contracts renewed on January 1, as Cuomo and his legislator’s attempt to save the state $55 million, in response to the coronavirus pandemic and fiscal crisis. The elderly judges currently comprise about 3.5 percent of the state court system of approximately 1,400 judges.

Many are furious with Cuomo’s legislation.

Allen Roskoff, a member of Jim Owles LGBT Democratic club, a group that has played a role in electing judges, calls it a practical slap in the face to seniors and knows a litigation will occur from it.

Embedded into New York State’s constitution in 1894 is mandatory retirement age for judges set at 70. Judges can get around that rule, applying to stay on the bench after hitting 70 through a special certification, if they are in good health.

There are 49 judges currently over the age of 70, but only three will return next year.

Manhattan state Supreme Court Justice Kathryn Freed, 73, a former City Councilwoman isn’t one of them. She has been a Supreme Court justice since 2004 and come January 1, will be unemployed.

This 70 age limit decision is ageism, she said, and questions whether firing the most experienced candidates would truly balance the nation’s budget, according to the NY Post.

“We fill a niche. We need more judges, not fewer,” Freed said. The courts, she added, have seen a surge in lawsuits connected to the COVID19 pandemic.

State Supreme Court judges currently take home an annual salary of $210,900.

Manhattan Appellate Court Judge Ellen Gesmer, 70, have echoed Freed’s sentiments and knows that she still has a lot more to contribute to the judicial system.

Gesmer believes that firing most of the elderly judges will make it harder for the “judiciary to dig through a backlog of cases caused by COVID19 outbreak,” as cited by the NY Post. When asked if she thought the layoffs had anything to do with age discrimination, Gesmer refused to comment.

The judges’ staffers have also received pink slips.