This coming Tuesday, New Yorkers will be asked to vote on an amendment to the state Constitution that would raise the mandatory retirement age to 80 for judges on its top courts. We find it a reasonable and long-overdue reform.
Currently, judges on the Court of Appeals — the top court — serve until the end of the year in which they turn 70. State Supreme Court justices also serve until age 70, but under certain circumstances they can be approved for three two-year extensions. That all adds up to a final retirement age of 76.
Here’s the issue: The current retirement age for judges was set back in 1869, a time when few people lived even to 60.
Raising the age is a reasonable recognition that jurists can serve quite well beyond 70. In so doing, the reform would also allow more Court of Appeals judges — who receive 14-year appointments — to serve out their full terms rather than be forced to retire early.
Gov. Cuomo opposes the ballot measure. Somehow we suspect this might be because many of Republican Gov. George Pataki’s appointees are now approaching age 70. If they are forced to retire, it becomes much easier for Cuomo to fill the bench with his appointees.
As governor, that’s his right. But it’s not necessarily right for New York to be deprived of experienced judges who remain perfectly competent and capable.
Besides, the governor should keep in mind that if this ballot measure passes, his subsequent picks will also be eligible — thus likely extending his own judicial legacy for years to come.
The Post encourages a Yes vote on Proposal 6.