Got this letter from Stewart D. Aaron, forner President of New York County Lawyers Association:
September 13, 2013
Re: Ballot Initiative Regarding Judicial Retirement Age
Dear Mr. Ferrara:
As you may know, New Yorkers will vote this November 5 on a ballot proposal of crucial importance to our statewide justice system. Proposition Six seeks to amend the State Constitution to allow Judges of the Court of Appeals to serve out their judicial terms beyond age 70, and to allow qualified Justices of the Supreme Court to serve additional certificated terms after age 70; in no case would a judge or justice serve beyond the year in which they turn 80.
Because I believe that passage of this ballot initiative is vitally important for the future of our courts, I write to seek your assistance in its passage.
The arguments in support of this proposition -- moral, equitable, economic, historical -- are summarized in below. The most persuasive argument is perhaps the large number of preeminent jurists at the trial and appellate level whose retirement over the last several decades was compelled by constitutional limits. All left the bench at a time when their physical and intellectual vigor would otherwise have assured years of exceptional public service. In addition, countless candidates for judicial office have been discouraged from, or deemed unsuitable for, election or appointment because of their proximity to the mandatory retirement age. Simply stated, our justice system cannot afford this senseless loss of talent.
Moreover, because vacancies on the Supreme Court would still be created when a justice reaches age 70, the effect of this amendment would be to increase the number of serving justices by allowing qualified justices to serve for a longer period of time alongside their successors. This is particularly important at a time when court dockets are growing so rapidly that many justices struggle with limited resources just to keep up.
These mandatory retirement provisions (which apply to no other branch of government) are anachronistic and unjust, and work a severe disservice upon all New Yorkers.
A number of attorneys who litigate in our courts or who formerly served as judges or justices have formed a committee -- “Justice for All 2013 Inc.” (the “Committee”) -- to raise funds for an effective voter information campaign supporting the passage of Proposition Six.
As a member of the Committee, I ask you to join us in this effort, through financial support and by adding your firm’s name to the roster of prominent public supporters of this initiative. There is no limit on the amount that can be contributed to this effort to approve this important non-partisan ballot issue by individuals, partnerships*, limited liability companies, professional corporations or your firm’s political action committee. I suggest a contribution at the levels indicated in the enclosed response form. Contributions to the Committee are not deductible for income tax purposes. (You will be contacted shortly to discuss this effort.)
With your help, we are confident that Proposition Six will gain passage in November.
We very much look forward to working with you toward that end.
Very truly yours,
/s/ Stewart D. Aaron
Stewart D. Aaron
Enclosures
*A partnership contributing more than $2,500 must allocate its contribution among some or all of its partners and report the allocation to the committee.
