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A04395 Summary:

BILL NO    A04395 

SAME AS    SAME AS S00886-A

SPONSOR    Weinstein (MS)

COSPNSR    Zebrowski, Titone, Weprin, Rosenthal

MLTSPNSR   

Amd Art 6 SS2 & 25, Constn

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.
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A04395 Memo:

BILL NUMBER:A4395               REVISED 2/11/13

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing 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
justices of the Supreme Court may be certified to continue to serve, and
to raise the retirement age for judges of the court of appeals.

SUMMARY OF PROVISIONS OF BILL:  Amends Article 6, S2 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
Supreme Court justices, including justices appointed to the Appellate
Division, 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.

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 Supreme Court justices can be certified
from 76 to 80, Raising the age that retired justices 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 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.

LEGISLATIVE HISTORY:  2011 - A.8469/S.5827 - Delivered to Secretary of
State.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None anticipated.

EFFECTIVE DATE:  This is a constitutional amendment requiring passage by
two successive legislatures and approval by the voters. This would be
second passage and would go before the voters in 2013.
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A04395 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4395

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 4, 2013
                                      ___________

       Introduced  by  M.  of  A. WEINSTEIN, ZEBROWSKI, TITONE -- 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    S 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.
                                                                  LBD89031-02-3
       A. 4395                             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    S 3.  RESOLVED (if the Senate concur), That the foregoing amendment be
   22  submitted  to the people for approval at the general election to be held
   23  in the year 2013 in accordance with the provisions of the election law.
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