|SAME AS||SAME AS S00886-A|
|COSPNSR||Zebrowski, Titone, Weprin, Rosenthal|
|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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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4395 REVISED 2/11/13 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 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 antic- ipated.   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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STATE OF NEW YORK ________________________________________________________________________ 4395 2013-2014 Regular Sessions IN ASSEMBLY 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 § 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. LBD89031-02-3A. 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 § 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.