#Watchdogs, judges object to NY state’s plan to nix elderly jurists

What a drag it is getting old — especially so for New York’s senior-most state judges.

The state’s decision to put 46 of New York’s oldest judges out to pasture to address the coronavirus pandemic-fueled fiscal crisis is ageism, a court watchdog says.

“It’s discrimination based on age. It’s a slap in the face to seniors and it’s going to result in litigation,” said Allen Roskoff, whose Jim Owles LGBT Democratic club has helped elect judges.

Another veteran politico and court watcher, Alan Flacks said, “This is a very big deal. The judges are very upset.”

The mandatory retirement age for judges in New York is 70, enshrined in the state constitution since 1894.

However, judges who hit the age of 70 can apply to stay on the bench after the retirement age through a special certification.

Barring any health-related issues, the older judges’ tenures are routinely extended to help the judiciary handle cases.

But 46 of the 49 judges over the age of 70 who were up for renewal in 2021 will be out of a job on Jan. 1 — a move expected to save the state $55 million.

“Just don’t say, ‘Ok Boomer,’” quipped Manhattan state Supreme Court Justice Kathryn Freed, 73, a former City Councilwoman who has been on the bench since 2004 and will be out of a job.

Freed said the mandatory retirement age is a relic of the 1800s and noted the older judges have been encouraged to continue serving on the bench because they’re needed.

“Having an age-70 age limit is ageism,” the judge said.

She questioned the wisdom of getting rid of the most experienced jobs to balance the budget.

“We fill a niche. We need more judges, not fewer,” Freed said.

She said the courts already getting inundated with lawsuits tied to the COVID-19 outbreak.

Another septuagenarian said she stills has much to contribute.

“I’m very unhappy. I really love my job. I feel fully able to do my job,” said Manhattan Appellate Court Judge Ellen Gesmer, 70.

Gesmer, too, said the loss of the judges will make it more difficult for the judiciary to dig through a backlog of cases caused by the pandemic.

Asked if the layoffs amounted to age discrimination, Gesmer, declined comment.

The 46 judges represent approximately 3.5 percent of the state court system’s nearly 1,400 paid judges.

That also includes pink slips for the judges’ staffers.

Office of Court Administration spokesman Lucian Chalfen said that refusing to extend the judges’ terms was a “difficult decision” to help address a $300-million cut to the state courts budget imposed by Gov. Andrew Cuomo and the legislature

“The pandemic, a truly unique and unprecedented situation, requires shared sacrifice by all,” the OCA spokesman said. “While the loss of these judges will have significant impact, over the past seven months the court system remained functioning, it never closed, and operations were reimagined virtually overnight, with Judicial, non-judicial employees and court officers all stepping up and maintaining essential functions.”

State Supreme Court judges earn an annual salary of $210,900.