Dear Friends:
New York City Trial Lawyers Association is asking everyone to vote yes for Proposal 6 on Election Day. Our letter of support is attached, please read and pass on to your friends and colleagues.
Thanks and go vote.
Fondly,
Shelly Werbel, Esq. - President
NYC Trial Lawyers Association
166 East 34th Street (Suite 14K)
New York, NY 10016
Tel: (718) 485-0400 [ext. 1]
Cell: (917) 860-0401
Fax: (646) 726-4259
_______________________________
October 19, 2013
[Referendum on Extending Mandatory Judicial Retirement Age]
At the last Board Meeting of New York City Trial Lawyers Association, the Board members in attendance voted unanimously to issue our support for the Constitutional Amendment 6, commonly referred to as Proposal 6. Accordingly, on behalf of the New York City Trial Lawyers Association, I am writing all of our members and friends of our Association to ask that you vote on Election Day for Proposal 6, which would amend the New York State Constitution to extend the mandatory retirement age for many members of the Judiciary in New York State Courts. The Bill to amend §25, Article 6 of the State Constitution has passed both legislative chambers and has now been placed on the ballot as a state-wide referendum. It will immediately become law if the referendum passes.
The State Constitution currently requires all State Judges to retire at age 70, however Justices of the Court of Appeals, who are appointed by the Governor for a fourteen-year term, and Judges of the State Supreme Court, elected by the voters for fourteen year terms, may serve up to six years beyond retirement age so long as every two years it is certified that the Judge's services are necessary, and that the Judge is mentally and physically competent to perform full duties.
Proposal 6 would change the current law to allow Court of Appeals Justices to remain on that Court until age 80, although no Judge may be appointed or reappointed after reaching age 70; and will allow Supreme Court Judges to serve an additional four years, until age 80, subject to the two-year certification process, as outlined above.
The New York City Trial Lawyers Association supports Proposal 6, which will help to remedy the drain of judicial resources as a result of the current Constitutional provision which was enacted in 1869. Clearly, the existing Constitutional requirement of a mandatory retirement age at 70 is woefully outdated in the face of medical science and extension of work/life expectancy in the last 150 years. Individuals reaching the age of 70 nowadays still have many productive years ahead of them. Furthermore, many other states in this nation and the Federal judiciary permit judges to serve well past the age of 70 and New York State should as well.
We believe that the recertification process will serve to ensure that those Judges who wish to remain on the bench past the age of 70 will be adequately vetted to assure their capability to continue to serve. To that end, Chief Judge Jonathan Lippman has promised to improve the certification process, including a public comment procedure, to strengthen the reevaluation of judicial fitness.
The New York City Trial Lawyers Association firmly believes that the current archaic Constitutional provision is detrimental to New York State, as it prematurely deprives us of qualified, experienced judges by forcing them to retire at an arbitrarily set date. Furthermore, the backlog of cases that currently exist is partly the result of the mandatory retirement requirements due to the loss of eminently qualified Judges.
It is in the interest of all of us to vote for the passage of Proposition 6 as active, practicing attorneys. Additionally, we ask all of you to forward this Support Letter on to all of your friends and associates to encourage voters in New York State of vote Yes to Proposal 6 on Election Day.
