•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A03339 Summary:

BILL NOA03339
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRBichotte Hermelyn, Reyes, Taylor, Simon, Giglio JA, Blankenbush, Rosenthal D, Fall, Seawright, Rajkumar, Rosenthal L, Tannousis, Rozic, Jones, Burgos, Rivera, Davila, Jackson, Burdick, Braunstein, Morinello, Norris
 
MLTSPNSR
 
Amd §§114 & 115, Judy L
 
Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court.
Go to top

A03339 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3339
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the judiciary law, in relation to making technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court   PURPOSE: To make certification of retired Court of Appeals Judges and Supreme Court Justices who otherwise meet the statutory criteria for certif- ication automatic, rather than discretionary.   SUMMARY OF PROVISIONS: Section one of the bill amends Section 114 of the Judiciary Law ("Retired judges of the court of appeals") to state that a Judge of the Court of Appeals who retires due to reaching the age of 70 shall be certified by the Administrative Board for service as a Retired Justice of the Supreme Court upon a finding that he or she has the mental and physical capacity to perform the duties of the office and that his or her services are necessary to expedite the business of the Supreme Court. Under current law, such certification is at the discretion of the Administrative Board. Section two of the bill amends Section 115 of the Judiciary Law ("Retired justices of the supreme court") to make similar changes to the law for retiring Justices of the Supreme Court. Section three of the bill is the effective date.   JUSTIFICATION: Under the New York State Constitution, Judges of the Court of Appeals and Justices of the Supreme Court - like other judgeships established under Article VI of the Constitution - are required to retire no later than December 31 of the year in which he or she turns 70. However, pursuant to Section 25(b) of Article VI and Section 115 of the Judiciary Law, Court of Appeals Judges and Justices of the Supreme Court can apply to be certified by the Administrative Board of the Courts to service for up to three separate two year terms as retired Justices of the Supreme Court upon a finding by the Administrative Board that the retired Judge or Justice has the mental and physical capacity to perform the duties of the job and that his or her services are necessary to expedite the busi- ness of the Supreme Court. Under current law, certification of an appli- cant is at the discretion of the Administrative Board, even where the Board reaches findings of mental and physical capacity and that the applicant's services are necessary. As a matter of judicial independence, certification of retired Court of Appeals Judges and Justices of the Supreme Court should be virtually automatic as long as the Administrative Board does not find that the applicant lacks mental or physical capacity and there is a need for additional judicial services to expedite the business of the Supreme Court. As Court of Appeals Judge Jacob Fuchsberg noted in the dissenting opin- ion in MARRO v. BARTLETT (46 N.Y.2d 674, 1979), imbuing the Administra- tive Board with discretion in the certification process creates a situ- ation where "it now appears that a Judge serving a preretirement term and for each ensuing two-year stint that follows is to be ever conscious of the fact that his or her tenure may be forfeit to unpopularity or nonconformity, be it the result of doctrinal differences, a lack of gregariousness, or any other expression of personality, ideology or style. Or, perhaps, just whim or caprice." This legislation would help preserve judicial independence by stating that a retired Court of Appeals Judge or Justice of the Supreme Court shall be certified for additional service when the other requirements of Article VI, Section 25(b) of the Constitution and Section 115 of the Judiciary Law are met.   LEGISLATIVE HISTORY: 2022: A.10470 / S.9341 - Vetoed Memo.196 2021: A.6044 / S.4379 - Pocket Veto- Veto.91   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top