Late last month, the New York State Legislature initially passed a proposed amendment to the New York State Constitution which, if adopted, would raise the mandatory retirement age of judges on the Court of Appeals from 70 to 80 years of age and would also raise to 80, from 76, the maximum age that retired Supreme Court justices could continue to serve.1 Those in favor of the constitutional amendment argue that it would keep some of the most “seasoned and knowledgeable judges” on the bench where they “are equipped to make their most valuable contributions.”2
Despite this truly enlightened and salutary legislative act concerning our judicial brethren, today most law firm partnership agreements continue to include mandatory retirement provisions that in effect require “seasoned and knowledgeable” law firm partners to retire just when they are “equipped to make their most valuable contributions.” Interestingly, these practices persist although both the American Bar Association and the New York State Bar Association recommended several years ago that such practices cease.
