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The New York County Courthouse in Manhattan. (Courthouse News photo/Adam Klasfeld)
(CN) The septuagenarian judges who sued New York court administrators over their forced retirement will indeed have to leave the bench, a panel of appellate judges ruled Tuesday.
In a 3-2 decision, the Third Judicial Department of the New York State Supreme Court Appellate Division ruled that the court system did not violate the state constitution when it used pandemic-related budget cuts as a reason to deny recertification to judges older than 70.
While 70 is New York’s mandatory retirement age, judges can apply to stay on the bench until age 76, requesting recertification in two-year increments. Typically, recertification is granted as long as a judge is fit to serve.
(Courthouse News photo/Adam Klasfeld)
RIVERHEAD, N.Y. (CN) On the eve of what would have been four New York appellate judges’ last day on the bench, the group suing the state for ageism over its mandatory retirement age received good news from Suffolk County.
Justice Paul Baisley wrote an order Wednesday annulling state court administrators’ decision to deny recertification to 46 of 49 judges ages 70 or older, a move Baisley called “arbitrary and capricious, unconstitutional and discriminatory.”
New York judges have to retire at age 70, but they can apply to keep their jobs until age 76. Their applications are reviewed for the judges’ fitness to serve, and are typically approved every two years.
By S.T. Patrick
According to a recent court filing, the 2016 Trump campaign was infiltrated by the FBI through more than one “confidential human source,” a general classification that includes informants and spies. The FBI infiltration chiefly targeted former foreign policy advisor Carter Page as the point of entry to the campaign staff.
When the Department of Justice (DOJ) released heavily redacted copies of the four Foreign Intelligence Surveillance Act (FISA) warrants against Page, David Heath of USA Today sued using the Freedom of Information Act (FOIA).
David M. Hardy, the head of the FBI’s Records/Information Dissemination Service (RIDS) responded to the lawsuit.