Bill > S07455

This bill proposes a constitutional amendment that would change the mandatory retirement age for judges and justices in New York from 70 to 76 years old. Under the proposed changes, judges and justices would be required to retire on the last day of December in the year they turn 76, with a slight modification to their post-retirement service rules. After mandatory retirement, former judges and justices may still be permitted to perform judicial duties, but only if they receive certification that their services are necessary to expedite court business and that they are mentally and physically competent. Such certification would be valid for two-year terms and can be extended. Additionally, a retired judge or justice would now be allowed to serve until the last day of December in the year they turn 80, an increase from the current provision. The bill also maintains provisions allowing retired justices to be assigned by the appellate division and potentially be designated as temporary or additional appellate division justices. This amendment would require referral to the first regular legislative session after the next general election and must be published for three months prior to that election, in accordance with constitutional procedures for amending the state constitution.

Justice

https://www.nysenate.gov/legislation/bills/2025/S7455