Authorizes retired supreme court justices to serve as justice of supreme court until age 80; provides that judges of the court of appeals need not retire until the end of the year in which they turn 80; prohibits the appointment of any person over age 70 to the court of appeals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8469
SPONSOR: Weinstein (MS) TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 6 of the constitution, in
relation to persons appointed to the court of appeals, and proposing an
amendment to section 25 of article 6 of the constitution, in relation to
service by retired justices and requiring judges of the court of appeals
to retire at age 80
PURPOSE OF BILL: To raise from 76 to 80 the maximum age that retired
judges may be certified to continue to serve, and to raise the retire-
ment age for judges of the court of appeals.
SUMMARY OF PROVISIONS OF BILL: Amends Article 6, §2 and 25(b) of the
State Constitution to increase the maximum age for which a judge,
justice or retired justice can serve.
JUSTIFICATION: The State Constitution requires judges to retire at
the end of the calendar year in which they turn 70. It also authorizes
judges to be certified to continue to serve up to three times in two
year increments, until age 76. The Certification must find that that his
or her services are necessary to expedite the business of the Court, and
that he or she is physically and mentally competent to fully perform the
duties of the office.
This constitutional amendment would raise the age through which retired
judges can continue to serve from 76 to 80, allowing the State to retain
experienced and able judges who are willing to work.
In addition, this measure would change the retirement age for judges of
the Court of Appeals from 70 to 80, provided that no judge could be
appointed to the Court of Appeals after they have reached the last day
of December of the year in which they turn 70, consistent with the
existing constitutional provision.
In 1999, The Office of Court Administration's Task Force on Mandatory
Retirement of Judges concluded that "it is in the best interests of the
judiciary and the people of the State of New York to amend the laws
governing mandatory retirement of judges." The two recommendations made
in that, report - creation of a "senior status" and expansion of the
certification process to judges not covered by it - were not acted upon.
This measure takes a different approach - amending the Constitution to
increase the age until which judges can be certified from 76 to 80.
Raising the age that retired judges can serve from 76 to 80 will enable
the state judiciary to continue to benefit from the service of many
dedicated, experienced and productive judges currently being lost.
In addition, this bill provides that Court of Appeals judges would be
able to serve out the end of their fourteen years terms without being
required to retire at age 70, although appointment past the age of 70
would not be possible.
LEGISLATIVE HISTORY: New bill, 2011.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:; None antic-
ipated.
EFFECTIVE DATE: This is a constitutional amendment requiring passage
by two successive legislatures and approval by the voters.
STATE OF NEW YORK
________________________________________________________________________
8469
2011-2012 Regular Sessions
IN ASSEMBLY
June 17, 2011
___________
Introduced by M. of A. WEINSTEIN, LANCMAN -- read once and referred to
the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 6 of the constitution, in
relation to persons appointed to the court of appeals, and proposing
an amendment to section 25 of article 6 of the constitution, in
relation to service by retired justices and requiring judges of the
court of appeals to retire at age 80
1 Section 1. RESOLVED (if the Senate concur), That subdivision e of
2 section 2 of article 6 of the constitution be amended to read as
3 follows:
4 e. The governor shall appoint, with the advice and consent of the
5 senate, from among those recommended by the judicial nominating commis-
6 sion, a person to fill the office of chief judge or associate judge, as
7 the case may be, whenever a vacancy occurs in the court of appeals;
8 provided, however, that no person may be appointed a judge of the court
9 of appeals unless such person is a resident of the state [and], has been
10 admitted to the practice of law in this state for at least ten years and
11 who has not reached the last day of December in the year in which he or
12 she reaches the age of seventy. The governor shall transmit to the
13 senate the written report of the commission on judicial nomination
14 relating to the nominee.
15 § 2. RESOLVED (if the Senate concur), That subdivision b of section 25
16 of article 6 of the constitution be amended to read as follows:
17 b. Each [judge of the court of appeals,] justice of the supreme court,
18 judge of the court of claims, judge of the county court, judge of the
19 surrogate's court, judge of the family court, judge of a court for the
20 city of New York established pursuant to section fifteen of this article
21 and judge of the district court shall retire on the last day of December
22 in the year in which he or she reaches the age of seventy. Each judge of
23 the court of appeals shall retire on the last day of December in the
24 year in which he or she reaches the age of eighty. Each [such] former
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89023-02-1
A. 8469 2
1 [judge of the court of appeals and] justice of the supreme court may
2 thereafter perform the duties of a justice of the supreme court, with
3 power to hear and determine actions and proceedings, provided, however,
4 that it shall be certificated in the manner provided by law that the
5 services of such [judge or] justice are necessary to expedite the busi-
6 ness of the court and that he or she is mentally and physically able and
7 competent to perform the full duties of such office. Any such certif-
8 ication shall be valid for a term of two years and may be extended as
9 provided by law for additional terms of two years. A [retired judge or]
10 justice shall serve no longer than until the last day of December in the
11 year in which he or she reaches the age of [seventy-six] eighty. A
12 retired judge or justice shall be subject to assignment by the appellate
13 division of the supreme court of the judicial department of his or her
14 residence. Any retired justice of the supreme court who had been desig-
15 nated to and served as a justice of any appellate division immediately
16 preceding his or her reaching the age of seventy shall be eligible for
17 designation by the governor as a temporary or additional justice of the
18 appellate division. A retired judge or justice shall not be counted in
19 determining the number of justices in a judicial district for purposes
20 of subdivision d of section six of this article.
21 § 3. RESOLVED (if the Senate concur), That the foregoing be referred
22 to the first regular legislative session convening after the next
23 succeeding general election of members of the assembly, and, in conform-
24 ity with section 1 of article 19 of the constitution, be published for 3
25 months previous to the time of such election.
