New York judges on Tuesday were skeptical of arguments that the state repealed its mandatory retirement age for judges when it enacted legislation expanding civil rights protections for New Yorkers.
Three judges argue the state’s Equal Rights Amendment provision banning age-based discrimination renders “discriminatory and inappropriate” the state constitution’s requirement that judges retire at the age of 70 and stop all judicial service once they turn 76. Justices of the New York Supreme Court First Appellate Department repeatedly pressed attorneys for both sides on whether the legislative record can show lawmakers intended for the ERA, which was enacted in November ...