Former NYS chief judge Jonathan Lippman is right to condemn the deplorable conditions and unacceptable number of deaths at the Rikers Island jails. (11/12, A-23) His recommendations, on how to reduce the jails’ population until they can be finally shuttered, are commendable and should be implemented. However, there is another important measure which should be adopted that would make a significant impact on solving the problems he identifies. Many persons spend inordinate amounts of time in jail awaiting trial because there aren’t enough judges to conduct them. In NY appointed judges are compelled by the state’s constitution to retire at age 70. This antiquated requirement, enacted when 70 was considered ancient, makes no sense in the modern world and results in the loss to the criminal justice system of scores of experienced, well qualified judges who could handle the backlog of cases in a fair and efficient manner. Until the constitution can be amended to remove this out-dated and harmful barrier, the legislature should provide for the reappointment of these retired experienced jurists as emergency judges empowered to preside over criminal trials and quickly reduce the number of defendants who now languish interminably in jail for want of a trial.
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