Assembly Speaker Sheldon Silver and Judiciary Committee Chair Helene Weinstein today announced the passage of legislation that would amend the state constitution to allow Supreme Court justices and Court of Appeals judges to serve until 80 years of age.

"Due to an outdated provision in our state's constitution, many judges are forced to retire prematurely," said Silver. "As our life expectancy continues to grow, mandating that judges retire at the age of 70 has become obsolete and consequently wastes the wealth of knowledge and wisdom that comes from years of experience. This prudent piece of legislation seeks to update our state's constitution to ensure that our courts continue to benefit from the service of our many dedicated, experienced and productive judges."

Under the law, judges of the Court of Appeals must retire at age 70. Supreme Court justices may remain on the bench until age 76 with the caveat that starting at age 70 they must go through a certification process every two years.

The measure (A.4395/Weinstein) would amend the Constitution to raise the age that retired justices can serve from 76 to 80 and change the retirement age for judges of the Court of Appeals from 70 to 80. The new bill would also maintain the requirement that elections must be held to elect new justices once the incumbent reaches the age of 70.

"Current law assumes that age alone determines a judge's functional ability," said Weinstein. "As a result, many knowledgeable and competent judges are forced to retire too early. The reality is that experienced judges are an extremely valuable asset to our judicial system and shouldn't be required to retire early if they are otherwise fully capable of fulfilling their duties."

Silver noted that today's approval marks the second passage of this measure in the Assembly. Pending Approval from the State Senate, the constitutional amendment would go before voters in 2013.