NY Top Court Appears Likely to Back Judge Retirement Age (1)

May 21, 2026, 12:02 AM UTCUpdated: May 21, 2026, 12:53 AM UTC

Judges on New York’s high court were reluctant to agree that New York lawmakers intended for the state’s landmark 2024 Equal Rights Amendment to override its longstanding constitutional requirement that judges retire by the age of 70 during oral arguments Wednesday.

Three judges—one appellate and two from the trial level—who have surpassed the retirement age pressed the Court of Appeals to declare the mandatory retirement age was superseded by the state’s ban on age discrimination under the ERA. The law implied, without stating, that it would override the judicial retirement requirement, those judges argue.

But the Court of Appeals judges ...

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