A man wearing a protective face mask sits alone outside the New York County Supreme Court in Manhattan. Photo: Ryland West/ALM
Judge Lawrence Marks argues in the Jan. 15 edition of the New York Law Journal that OCA’s denial of certification for 46 of the state’s most experienced jurists is a budgetary maneuver made necessary by the pandemic and financial crisis. This analysis is short-sighted in assessing its impact on the administration of justice and the independence of the judiciary and ignores the state constitution’s mandate that senior judges are entitled to individual consideration of applications for certification to serve beyond the age of 70.
The state constitution, in laying out provisions for certification of senior judges established more than a century ago (when the life expectancy of a judge was decades shorter), requires assessment of an applicant’s fitness for service and an establishment of the need for their continued service.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
