Justice, blind and dumb

In New York State’s fantastically convoluted, ripe-for-reform court system, which has 11 different levels except where it has 13 different levels, there are some elected judges (not so good), some appointed (much better than being elected), some with nine-year terms, others with 10-year terms and some with 14-year terms. There are also judges with terms up to one year. You follow?

But the state Constitution requires that all judges retire at age 70, except where it doesn’t. And that little wiggle room is today’s topic. The top trial-level judges, who are called state Supreme Court justices even though Supreme Court is the lowest bench for major civil cases and felonies (although only for felonies in the five boroughs, as elsewhere different judges preside) can stay beyond age 70 with special permission from court leadership. Still follow?

These two-year extensions, called certifications, are granted if the justice remains of sound mind and body and isn’t in ethical trouble. Certifications are available only for elected justices, not others entitled “acting” who are temporarily promoted or those “interim” filing a vacancy. Still follow?

An elected justice (who really isn’t elected because they get on the ballot through an insider-only game of nominating conventions, not open primaries) can receive up to three certifications and serve to age 76. Routinely, all eligible justices get okayed. Are you with us?

But COVID has all but ended this. Of 59 justices who applied in the springtime to serve during 2021 and 2022, only three were approved. Ten justices withdrew and 46 others were rejected because the court system is flat broke and can’t afford to pay them and their staff. The exit of so many experienced jurists is a damn shame and a real risk to justice in our state. That’s one thing that’s not at all confusing.