By Dave Simpson

Law360 (October 5, 2020, 10:24 PM EDT) -- The New York court system is undergoing a strict hiring freeze and deferring raises, Chief Judge Janet DiFiore announced Monday, noting the judiciary is in the process of finding $300 million in savings in this year's previously approved budget allocation.

Among "tough decisions" already made to cut costs, the Administrative Board of the Courts denied 46 Supreme Court justices certification or recertification to additional two-year terms that would have taken effect on Jan. 1, saving $55 million, Judge DiFiore said.

"As a responsible partner in state government, we accept our obligation to share in the sacrifices being made by the rest of the state at this difficult time, but from an institutional perspective, we are losing a group of highly experienced public servants at a critical moment in our history," she said.

Gov. Andrew Cuomo ordered a 10% budget cut, totaling $300 million, for the state judiciary. Chief Administrative Judge Lawrence K. Marks alerted his subordinates in a Sept. 29 memo to the "dramatic cut" — nearly twice the $170 million cut in 2011-2012 — which he said "has compelled us to implement a range of painful measures."

In the bid to save $55 million over the next two years, Judge Marks announced that 46 of 49 state Supreme Court trial justices, aged 70 or over, would not be granted "certification or recertification" or permission to continue serving. In addition, the state courts have frozen hiring, halted all major purchases and delayed certain payments to the state or federal government, according to the memo.

"While not pleased with where we are, we are hopeful that the elimination of this year's certification program along with the other cost-saving measures we have put in place … will put us in a position to achieve enough cost savings to avoid or at least greatly limit layoffs in our nonjudicial workforce, something we regard as an absolute last resort," Judge DiFiore said in her remarks.

She noted that on a personal level she felt disappointed to see the judicial careers of friends and colleagues "end in this fashion."

"One of the things that has been so inspiring and reassuring over the last seven months has been the spirit of unity, cooperation and compassion that we have observed among our entire court family," she said. "It has defined our response to the pandemic, and I know that it will carry us through this difficult period as well."

The cuts come just as the courts are beginning to return to in-person jury trials.

In August, Judge DiFiore said the first petit jury summonses went out in the Fourth, Sixth, Seventh and Eighth Judicial districts and Suffolk County, where a limited number of civil and criminal trials began on a pilot basis in September.

--Additional reporting by Sarah Jarvis and Frank G. Runyeon. Editing by Janice Carter Brown.

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