Relates to judges of city courts; proposes modifications in many city court judgeships including, in some instances, conversion of part-time positions to full-time status.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6552B
SPONSOR: Morelle (MS) TITLE OF BILL: An act to amend the uniform city court act and the
judiciary law, in relation to judges of city courts
This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge upon the recommendation of
the latter's Ad Hoc City Court Advisory Committee. It proposes modifica-
tions in many City Court judgeships including, in some instances,
conversion of part-time positions to full-time status. It is a follow-up
to similar legislation enacted in 1988, 1995, 2001 and 2006.
I. PROPOSAL
For more than 30 years following the State takeover of local court fund-
ing (see L. 1976, c. 966; Judiciary Law § 39), the Judiciary and the
Legislature have collaborated closely to ensure that the structure and
resources of the State's 61 City Courts outside New York City are well-
suited to community needs. Every four or five years, this Office, with
the assistance of a committee of sitting City Court judges represen-
tative of all regions of the State and courts of varying sizes, under-
takes a detailed study of City Court operations around the State. This
study produces a series of recommendations for reform, which then are
passed on to the Legislature for its approval{1}.
Originally intended as a means by which to permit the Legislature fairly
to determine applications by individual city courts for judgeship
upgrades in light of their new status as State courts, this collab-
oration has grown increasingly more important as the years have gone by
and the City Courts have taken on more prominent and more complex roles
in the criminal justice system. Today, in 2013, these courts are on the
front-line of that system. Along with the Justice Courts, they preside
over nearly all preliminary felony proceedings brought outside New York
City and oversee the prosecution of most of the region's quality of life
offenses. As importantly, City Courts have become an important arena in
the State's twin battles against drug crime and family violence. Across
the State, many City Courts have been designated as regional Drug Courts
to preside over drug prosecutions commenced both in their respective
cities and in surrounding towns and villages, refashioning the paradigm
for drug crime adjudication and contributing mightily to significant
reductions in recidivism and public expense that judicially-supervised
treatment methodologies - the hallmark of Drug Courts - can offer. At
the same time, some City Courts have been designated as Domestic
Violence courts - giving them critical responsibility for superintending
community response to family violence. Other City Courts have taken on
other specialized responsibilities, such as presiding over mental health
and teen parts, requiring them to go well beyond the traditional passive
roles expected of the local criminal courts.
Notably, what ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile lives held
in the balance. In these specialized courts, people who have committed
what typically are low-level offenses appear to be judged, and the
court's ability to do this wisely and creatively can often be the
difference between a productive, law-abiding life and one marked by
greater and more serious crimes.
Even while City Court judges serve these critical roles in the criminal
and family justice arenas, they also must oversee all landlord and
tenant litigation in their communities, as well as all small claims and
commercial claims cases. Moreover, those who are full-time will some-
times be assigned temporarily to service on County or Family Court where
caseload conditions in those courts are such that added judicial
resources are needed.
In short, more so perhaps than as to any other court in our trial court
system, it is vital that City Courts be maintained in a state of maximum
preparedness to cope with their caseloads. As it now is nine years since
the Judiciary last reported on the needs of the City Courts and six
years since the last comprehensive legislative action with respect to
these courts, we have commissioned another ad hoc advisory committee to
study the City Courts and to make recommendations for any needed changes
in their structure. This committee has met over the course of the last
several years and now has filed its report and recommendations with us.
This measure would give effect to these recommendations. They include:
o Increase allocations of six regular part-time judgeships and convert
twelve such judgeships to full-time status. Current law provides for one
or more part-time City Court judges in 50 City Courts. See Uniform City
Court Act § 2104(c). In some instances, these judges are intended to
supplement the work of the full-time City Court judge or judges of the
court. In other Courts, where there are no full-time City Court judges,
they perform all the judicial work. In all cases, these part-time judges
are compensated in accordance with a salary scale first fixed by the
Legislature in 1984. Under this scale, as it operates today, part-time
judges are compensated for their service in an amount equal to one-quar-
ter or one-half the salary of a full-time judge. See Judiciary Law §
221-i. The rate for each position has been fixed in accordance with
prevailing views as to the level of regular service that properly can be
expected of the judge that fills it{2}.
As the Legislature already has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally, to
change the status of a City Court judgeship from part-time to full-time.
In many instances, changes in local demographics or, more recently, the
nature of the court's workload (e.g., its assumption of specialty court
responsibilities - responsibilities that magnify its normal workload
exponentially) moot the expectations that were the foundation for a City
Court's original judgeship allocation. In most instances, that allo-
cation was the product of another, past generation, and instituted when
caseloads were smaller and local governments had to bear the costs of
City Court operations. It does not reflect the reality of those oper-
ations in 2013. Accordingly, as we have done in the past, we now propose
a slate of judgeship adjustments that will bring the City Courts up to
date (see Appendix A for a list). These adjustments include upgrades for
selected one-quarter salaried judgeships and conversion of some 15 part-
time judgeships to full-time status{3}.
o Establish new full-time judgeships. In past submissions of this
nature, we have proposed creation of new judgeships for selected City
Courts. In some instances, court workloads have been such that upgrades
in existing judgeships are neither possible or impractical. Thus, over
the years, we've asked the Legislature to establish new judgeships in
Syracuse, Albany, Schenectady, Buffalo and Rochester - and the Legisla-
ture has complied. In this measure, we do so again, and for the same
reason, in the cities of Buffalo, Newburgh, Rochester, Schenectady,
Syracuse, Troy and Yonkers.
o Expand residency requirement. Under present law, the general rule is
that each City Court judge must reside in the city in which he or she
serves. There are numerous exceptions to this rule, however. In venues
where experience has demonstrated that it is difficult to find a suffi-
cient pool of lawyers willing to serve on City Court, the Legislature,
with the agreement of local officials, has expanded the residency
requirement, typically to permit the judge of a City Court in one of
those venues to reside anywhere in the surrounding county. This measure
would add to the list of exceptions the City Court of Watervliet. There,
local officials have expressed a wish that the residency rule permit any
resident of Albany County to be eligible to serve in one of the two
judgeships allocated to the Court.
o Change from appointive to elective status for the appointive judge-
ships in Ithaca and Lockport. A preponderance of the State's 163 City
Court judges are elected. The remainder are appointed, generally by City
Mayors. This year, at local request - i.e., at the request of the mayor
and City Court judges of each affected City - we are asking that the
existing appointive positions in Binghamton, Ithaca and Lockport be
converted to elective.
II. PROCESS
The Committee's recommendations for City Court judicial personnel
reflect not only the Committee's consideration of a series of objective
criteria but also a process of statewide consultation with mayors, judg-
es and other stakeholders in the justice system. Among the quantitative
factors the Committee considered in determining the proper allocation of
City Court judgeships are:
> Caseloads - including total cases, cases per capita, and annual civil,
criminal misdemeanor and criminal felony caseload growth trends;
> Demographics - including population changes, economic factors and
crime predictor data that may presage future caseloads;
> Judicial resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court and Domestic Violence
Court cases) that are resource intensive, the availability of other
judges in the affected City Court and other City Courts in the county,
and the need to temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and
> Facilities - including the suitability and sufficiency of existing
courtrooms and other facilities to accommodate the proposed new and
expanded judgeships.
* * * * *
As in the early 1980's, 1994, 1998 and 2003, we offer this proposal
confident that it will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice in
urban communities across New York State. Along with members of our Ad
Hoc Committee, we urge enactment of this measure and look forward to
working with the Legislature to ensure the continued vitality of New
York State's local justice system.
This measure will take effect on April 1 following its enactment.
Accordingly, it will have no fiscal impact on the State in FY 2013-14.
2009-10 Legislative History: Senate 5807-B (Sampson) (PASSED) Assembly
8976-A (Canestrari) (rept ref to Ways & Means)
2011-12 Legislative History: Senate 4596 (Bonacic) (reported to
Finance) Assembly 7207 (Canestrari) (rept ref to Ways & Means)
2013 Legislative History: Senate 4043-A (Sen. Bonacic) (Finance) Assem-
bly 6552-A (M. of A. Morelle, et al) (Ways & Means)
{1} As noted, the Legislature has approved these submissions in the
past. In 1984, it approved a uniform salary structure for part-time
City Court judges. L. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in favor
of a single enabling court statute in the Uniform City Court Act, insti-
tution of a uniform $15,000 jurisdictional ceiling, merger of multiple
courts into a single court in those cities having bifurcated or trifur-
cated court structures, creation of some new full-time judgeships,
conversion of some part-time judgeships to full-time status and upgrades
in the status of other part-time judgeships. L. 1988, c. 397. In 1995,
the Legislature again approved recommendations calling for creation of
new judgeships and conversion and upgrading of others. L. 1995, c. 463.
In 1998 and 1999, the Legislature approved another recommendation - this
one calling for amendment of section 26 of Article VI of the State
Constitution to permit full-time City Court judges to be assigned to
temporary service on County and Family Courts. In 2001, the Legislature
approved another package of recommendations calling for creation of new
judgeships and conversion and upgrading of others. L. 2001, c. 584. All
of these recommendations were the product of ad hoc committees of City
Court judges assembled by the Judiciary in the early 1980s, 1994, 1998
and 2003, respectively. Most recently, the Legislature approved recom-
mendations yielding creation of further new judgeships and conversion
and upgrading of many others - including elimination of the position of
Acting City Court Judge. L. 2006, c. 493.
{2} Effective April 1, 2012, this salary range will be from $31,900 to
$63,700. While there is no specific statutory direction that the actual
amount of service given by each judge, as a percentage of his or her
work week, correspond to the fraction of full-time service represented
by his or her compensation, it has informally been the administrative
practice over the years to expect that that be so.
{3} Persons holding the office of full-time City Court judge are not
permitted to practice law. Note that, prior to filing this measure with
the Legislature, all proposed changes in judgeships were shared with all
City Mayors and City Court judges across the State. All changes are
submitted with the approval of the Mayors and judges of each city
affected.
APPENDIX A
TABLE OF CHANGES
City Present Proposed
Allocation Allocation When Change Effective
Albany 4FT 5FT 4/1/14
1PT(1/2)
Amsterdam 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Auburn 1FT 1FT 4/1/14
1PT(1/4) 1PT(1/2)
Batavia 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Beacon 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Binghamton 2FT 3FT 4/1/14
1PT(1/2)
Buffalo 13FT 14FT 1/1/15
Canandaigua 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Cohoes 2PT(1/2) 2PT(1/2) NO CHANGE
Corning 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Cortland 1FT 1FT 4/1/14
1PT(1/4) 1PT(1/2)
Dunkirk 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Elmira 2FT 2FT NO CHANGE
Fulton 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Geneva 1PT(1/2) 1PT(1/2) NO CHANGE
2PT(1/4) 2PT(1/4)
Glen Cove 2PT(1/2) 2PT(1/2) NO CHANGE
Glens Falls 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Gloversville 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Hornell 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Hudson 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Ithaca 1FT 2FT 4/1/14
1PT(1/2)
Jamestown 1FT 2FT 4/1/14
1PT(1/2)
Johnstown 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Kingston 1FT 2FT 4/1/14
1PT(1/2)
Lackawanna 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Little Falls 2PT(1/4) 2PT(1/4) NO CHANGE
Lockport 1FT 2FT 4/1/14
1PT(1/2)
Long Beach 2FT 2FT NO CHANGE
Mechanic-
ville 2PT(1/4) 2PT(1/4) NO CHANGE
Middletown 1FT 2FT 4/1/14
1PT(1/2)
Mt. Vernon 3FT 3FT NO CHANGE
1PT(1/2) 1PT(1/2)
Newburgh 2FT 3FT 1/1/15
New
Rochelle 2FT 3FT 4/1/14
1PT(1/2)
Niagara Falls 4FT 4FT NO CHANGE
N. Tonawanda 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Norwich 1PT(1/2) 1FT 4/1/14
1PT(1/4) 1PT(1/4)
Ogdensburg 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Olean 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Oneida 1PT(1/2) 1FT 4/1/14
1PT(1/4) 1PT(1/4)
Oneonta 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Oswego 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Peekskill 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Plattsburgh 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Port Jervis 1PT(1/2) 1PT (1/2) 4/1/14
1PT(1/4) 1PT(1/2)
Poughkeepsie 2FT 2FT NO CHANGE
Rensselaer 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Rochester 9FT 10FT 1/1/15
Rome 1FT 2FT 4/1/14
1PT(1/2)
Rye 1FT 1FT 4/1/14
1PT(1/4) 1PT(1/2)
Salamanca 2PT(1/4) 1PT(1/2) 4/1/14
1PT(1/4)
Saratoga 1FT 2FT 4/1/14
Springs 1PT(1/2)
Schenectady 3FT 4FT 1/1/15
Sherrill 1PT(1/4) 1PT(1/4) NO CHANGE
Syracuse 8FT 9FT 1/1/15
Tonawanda 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Troy 1FT 2FT 1/1/15
1PT(3/4) 1PT(3/4)
Utica 3FT 3FT NO CHANGE
Watertown 1FT 2FT 4/1/14
1PT(1/4)
Watervliet 1PT(1/2) 2PT(1/2) 4/1/13
1PT(1/4)
White Plains 3FT 4FT 4/1/13
1PT(1/2)
Yonkers 6FT 7FT 1/1/15
STATE OF NEW YORK
________________________________________________________________________
6552--B
2013-2014 Regular Sessions
IN ASSEMBLY
April 9, 2013
___________
Introduced by M. of A. MORELLE, WEINSTEIN, BRINDISI, BRONSON, BUCHWALD,
SKARTADOS, STECK, WEPRIN, LUPARDO -- (at request of the Office of
Court Administration) -- read once and referred to the Committee on
Judiciary -- reported and referred to the Committee on Ways and Means
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the uniform city court act and the judiciary law, in
relation to judges of city courts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 1 of subdivision (b) of section 2104 of the
2 uniform city court act, as amended by chapter 493 of the laws of 2006,
3 is amended to read as follows:
4 (1) be an attorney admitted to practice law in this state for at least
5 five years as of the date he or she commences the duties of office, and
6 be a resident of the city in which he or she is elected or appointed,
7 except that the judges of the Sherrill city court may reside anywhere in
8 either Oneida or Madison counties, the city court judge who serves in
9 the office that formerly was that of acting judge of the Oneida city
10 court may reside anywhere in Madison county, the judges of the Peekskill
11 city court may reside anywhere in Westchester county, the city court
12 judge who serves in the office that formerly was that of acting judge of
13 the Port Jervis city court may reside anywhere in either Sullivan or
14 Orange counties, the judges of the Hudson city court may reside anywhere
15 in Columbia county, the city court judge who serves in the office that
16 formerly was that of acting judge of the Mechanicville city court may
17 reside anywhere in Saratoga county, the judges of the Ogdensburg city
18 court may reside anywhere in St. Lawrence county, the judges of the
19 Rensselaer city court may reside anywhere in Rensselaer county and one
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09321-07-3
A. 6552--B 2
1 judge of the Cohoes city court and the city court judge who serves in
2 the office that formerly was that of acting judge of the Watervliet city
3 court may reside anywhere in Albany county.
4 § 2. Subdivision (d) of section 2104 of the uniform city court act, as
5 amended by chapter 493 of the laws of 2006, is amended to read as
6 follows:
7 (d) The number of judges of the city court in each city shall be as
8 provided herein. Full-time judgeships are specifically so designated,
9 all others are part-time:
10 Par. Name of city
11 1 Albany, [four] five full-time [and one part-time];
12 2 Amsterdam, one full-time and one part-time;
13 3 Auburn, one full-time and one part-time;
14 4 Batavia, one full-time and one part-time;
15 5 Beacon, one full-time and one part-time;
16 6 Binghamton, [two] three full-time [and one part-time];
17 7 Buffalo, [thirteen] fourteen full-time;
18 8 Canandaigua, one full-time and one part-time;
19 9 Cohoes, two;
20 10 Corning, one full-time and one part-time;
21 11 Cortland, one full-time and one part-time;
22 12 Dunkirk, one full-time and one part-time;
23 13 Elmira, two full-time;
24 14 Fulton, one full-time and one part-time;
25 15 Geneva, three;
26 16 Glen Cove, two;
27 17 Glens Falls, one full-time and one part-time;
28 18 Gloversville, one full-time and one part-time;
29 19 Hornell, two;
30 20 Hudson, two;
31 21 Ithaca, [one] two full-time [and one part-time];
32 22 Jamestown, [one] two full-time [and one part-time];
33 23 Johnstown, two;
34 24 Kingston, [one] two full-time [and one part-time];
35 25 Lackawanna, one full-time and one part-time;
36 26 Little Falls, two;
37 27 Lockport, [one] two full-time [and one part-time];
38 28 Long Beach, two full-time;
39 29 Mechanicville, two;
40 30 Middletown, [one] two full-time [and one part-time];
41 31 Mount Vernon, three full-time and one part-time;
42 32 Newburgh, [two] three full-time;
43 33 New Rochelle, [two] three full-time [and one part-time];
44 34 Niagara Falls, four full-time;
45 35 North Tonawanda, one full-time and one part-time;
46 36 Norwich, [two] one full-time and one part-time;
47 37 Ogdensburg, one full-time and one part-time;
48 38 Olean, one full-time and one part-time;
49 39 Oneida, [two] one full-time and one part-time;
50 40 Oneonta, two;
51 41 Oswego, one full-time and one part-time;
52 42 Peekskill, one full-time and one part-time;
53 43 Plattsburgh, one full-time and one part-time;
54 44 Port Jervis, two;
55 45 Poughkeepsie, two full-time;
56 46 Rensselaer, two;
A. 6552--B 3
1 47 Rochester, [nine] ten full-time;
2 48 Rome, [one] two full-time [and one part-time];
3 49 Rye, one full-time and one part-time;
4 50 Salamanca, two;
5 51 Saratoga Springs, [one] two full-time [and one part-time];
6 52 Schenectady, [three] four full-time;
7 53 Sherrill, one;
8 54 Syracuse, [eight] nine full-time;
9 55 Tonawanda, one full-time and one part-time;
10 56 Troy, [one] two full-time and one part-time;
11 57 Utica, three full-time;
12 58 Watertown, [one] two full-time [and one part-time];
13 59 Watervliet, two;
14 60 White Plains, [three] four full-time [and one part-time];
15 61 Yonkers, [six] seven full-time.
16 § 3. Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
17 section 2104 of the uniform city court act, as amended by chapter 493 of
18 the laws of 2006, are amended to read as follows:
19 (i) by the mayor of the city for which the court on which he or she
20 will serve has been established, with the advice and consent of the city
21 council: part-time city court judge of Beacon, part-time city court
22 judge of Corning, part-time city court judge of Cortland, part-time city
23 court judge of Gloversville, city court judge of Glen Cove who serves in
24 the office that on June first, two thousand one was an appointive office
25 pursuant to this subparagraph, [part-time city court judge of Ithaca,
26 part-time] city court judge of Jamestown who serves in the office that
27 was created during the calendar year commencing January first, two thou-
28 sand thirteen, part-time city court judge of Olean, city court judges of
29 Plattsburgh, city court judge of Port Jervis who serves in the office
30 that formerly was that of acting city court judge of Port Jervis, city
31 court judges of Rye, city court judge of Salamanca who serves in the
32 office that formerly was that of acting city court judge of Salamanca
33 and the [part-time] city court judge of Watertown who serves in the
34 office that on March thirty-first, two thousand fourteen was part-time.
35 (ii) by the city council of the city for which the court on which he
36 or she will serve has been established: part-time city court judge of
37 Auburn, part-time city court judge of Batavia, part-time city court
38 judge of Canandaigua, city court judge of Johnstown who serves in the
39 office that formerly was that of acting city court judge of Johnstown,
40 city court judge of Newburgh who serves in the office that on March
41 thirty-first, two thousand one was part-time, city court judge of
42 Norwich who serves in the office that [formerly was that of acting city
43 court judge of Norwich] was created during the calendar year commencing
44 January first, two thousand thirteen, city court judges of Peekskill,
45 and city court judges of White Plains.
46 § 4. The opening paragraph of subparagraph (iii) of paragraph 1 of
47 subdivision (e) of section 2104 of the uniform city court act, as
48 amended by chapter 493 of the laws of 2006, is amended to read as
49 follows:
50 by the mayor of the city for which the court on which he or she will
51 serve has been established: [part-time city court judge of Binghamton,]
52 city court judges of Cohoes, part-time city court judge of Dunkirk,
53 part-time city court judge of Fulton, city court judge of Geneva who
54 serves in the office that formerly was that of acting city court judge
55 of Geneva, city court judge of Hornell who serves in the office that
56 formerly was that of acting city court judge of Hornell, city court
A. 6552--B 4
1 judge of Hudson who serves in the office that formerly was that of
2 acting city court judge of Hudson, [part-time] city court judge of King-
3 ston who serves in the office that on March thirty-first, two thousand
4 fourteen was part-time, part-time city court judge of Lackawanna, city
5 court judge of Little Falls who serves in the office that formerly was
6 that of acting city court judge of Little Falls, [part-time city court
7 judge of Lockport,] city court judge of Mechanicville who serves in the
8 office that formerly was that of acting city court judge of Mechanic-
9 ville, [part-time] city court judge of Middletown who serves in the
10 office that was created during the calendar year commencing January
11 first, two thousand thirteen, part-time city court judge of Mount
12 Vernon, [part-time] city court judge of New Rochelle [and full-time city
13 court judge of such city who serves in the office created during the
14 calendar year commencing January first, two thousand one] who serves in
15 the office that was created during the calendar year commencing January
16 first, two thousand thirteen and the city court judge of such city who
17 serves in the office that on January first, two thousand thirteen was an
18 appointive office pursuant to this subparagraph, part-time city court
19 judge of North Tonawanda, part-time city court judge of Ogdensburg,
20 part-time city court judge of Oneida [who serves in the office that
21 formerly was that of acting city court judge of Oneida], city court
22 judge of Oneonta who serves in the office that formerly was that of
23 acting city court judge of Oneonta, part-time city court judge of Oswe-
24 go, city court judges of Poughkeepsie, city court judge of Rensselaer
25 who serves in the office that formerly was that of acting city court
26 judge of Rensselaer, [part-time] city court judge of Saratoga Springs
27 who serves in the office that was created during the calendar year
28 commencing January first, two thousand thirteen, part-time city court
29 judge of Tonawanda and city court judge of Watervliet who serves in the
30 office that formerly was that of acting city court judge of Watervliet.
31 Provided, however, the following special provisions shall be applicable
32 in the city of Poughkeepsie:
33 § 5. Section 221-i of the judiciary law, as amended by chapter 493 of
34 the laws of 2006, is amended to read as follows:
35 § 221-i. Salary of judges of the city courts outside the city of New
36 York. [The] Except as otherwise provided by chapter five hundred sixty-
37 seven of the laws of two thousand ten, the annual salary of each judge
38 of a city court outside the city of New York shall be as follows (where
39 this section provides different salaries for judicial positions on the
40 same court having the same title, the greater salary shall be paid the
41 person holding the position paid the greater salary on the day imme-
42 diately preceding the day on which such salaries took effect):
43 City Title
44 Albany City Court Judge (FT) 113,900
45 [Albany City Court Judge 54,400]
46 Amsterdam City Court Judge (FT) 108,800
47 Amsterdam City Court Judge 27,200
48 Auburn City Court Judge (FT) 108,800
49 Auburn City Court Judge [27,200] 54,400
50 Batavia City Court Judge (FT) 108,800
51 Batavia City Court Judge 27,200
52 Beacon City Court Judge (FT) 108,800
53 Beacon City Court Judge 27,200
54 Binghamton City Court Judge (FT) 108,800
A. 6552--B 5
1 [Binghamton City Court Judge 54,400]
2 Buffalo Chief Judge (FT) 115,100
3 Buffalo City Court Judge (FT) 113,900
4 Canandaigua City Court Judge (FT) 108,800
5 Canandaigua City Court Judge 27,200
6 Cohoes City Court Judge 54,400
7 Corning City Court Judge (FT) 108,800
8 Corning City Court Judge 27,200
9 Cortland City Court Judge (FT) 108,800
10 Cortland City Court Judge [27,200] 54,400
11 Dunkirk City Court Judge (FT) 108,800
12 Dunkirk City Court Judge 27,200
13 Elmira City Court Judge (FT) 108,800
14 Fulton City Court Judge (FT) 108,800
15 Fulton City Court Judge 27,200
16 Geneva City Court Judge 54,400
17 Geneva City Court Judge 27,200
18 Glen Cove City Court Judge 54,400
19 Gloversville City Court Judge (FT) 108,800
20 Gloversville City Court Judge 27,200
21 Glens Falls City Court Judge (FT) 108,800
22 Glens Falls City Court Judge 27,200
23 Hornell City Court Judge 54,400
24 Hornell City Court Judge 27,200
25 Hudson City Court Judge 54,400
26 Hudson City Court Judge 27,200
27 Ithaca City Court Judge (FT) 108,800
28 [Ithaca City Court Judge 54,400]
29 Jamestown City Court Judge (FT) 108,800
30 [Jamestown City Court Judge 54,400]
31 Johnstown City Court Judge 54,400
32 Johnstown City Court Judge 27,200
33 Kingston City Court Judge (FT) 108,800
34 [Kingston City Court Judge 54,400]
35 Lackawanna City Court Judge (FT) 108,800
36 Lackawanna City Court Judge 54,400
37 Lockport City Court Judge (FT) 108,800
38 [Lockport City Court Judge 54,400]
39 Long Beach City Court Judge (FT) 118,300
40 Little Falls City Court Judge 27,200
41 Mechanicville City Court Judge 27,200
42 Middletown City Court Judge (FT) 108,800
43 [Middletown City Court Judge 54,400]
44 Mount Vernon City Court Judge (FT) 118,300
45 Mount Vernon City Court Judge 54,400
46 Newburgh City Court Judge (FT) 108,800
47 Niagara Falls Chief Judge (FT) 115,100
48 Niagara Falls City Court Judge (FT) 113,900
49 Norwich City Court Judge (FT) [54,400] 108,800
50 Norwich City Court Judge 27,200
51 New Rochelle City Court Judge (FT) 118,300
52 [New Rochelle City Court Judge 54,400]
53 North Tonawanda City Court Judge (FT) 108,800
54 North Tonawanda City Court Judge 54,400
55 Ogdensburg City Court Judge (FT) 108,800
56 Ogdensburg City Court Judge 27,200
A. 6552--B 6
1 Olean City Court Judge (FT) 108,800
2 Olean City Court Judge 27,200
3 Oneida City Court Judge (FT) [54,400] 108,800
4 Oneida City Court Judge 27,200
5 Oneonta City Court Judge 54,400
6 Oneonta City Court Judge 27,200
7 Oswego City Court Judge (FT) 108,800
8 Oswego City Court Judge 27,200
9 Peekskill City Court Judge (FT) 108,800
10 Peekskill City Court Judge 54,400
11 Poughkeepsie City Court Judge (FT) 108,800
12 Plattsburgh City Court Judge (FT) 108,800
13 Plattsburgh City Court Judge 27,200
14 Port Jervis City Court Judge 54,400
15 [Port Jervis City Court Judge 27,200]
16 Rensselaer City Court Judge 54,400
17 Rensselaer City Court Judge 27,200
18 Rochester Chief Judge (FT) 115,100
19 Rochester City Court Judge (FT) 113,900
20 Rome City Court Judge (FT) 113,900
21 [Rome City Court Judge 54,400]
22 Rye City Court Judge (FT) 108,800
23 Rye City Court Judge [27,200] 54,400
24 Salamanca City Court Judge 54,400
25 SalamancaCity Court Judge 27,200
26 Saratoga Springs City Court Judge (FT) 108,800
27 [Saratoga Springs City Court Judge 54,400]
28 Schenectady City Court Judge (FT) 108,800
29 Sherrill City Court Judge 27,200
30 Syracuse Chief Judge (FT) 115,100
31 Syracuse City Court Judge (FT) 113,900
32 Tonawanda City Court Judge (FT) 108,800
33 Tonawanda City Court Judge 54,400
34 Troy City Court Judge (FT) 113,900
35 Troy City Court Judge 81,600
36 Utica Chief Judge (FT) 115,100
37 Utica City Court Judge (FT) 113,900
38 Watertown City Court Judge (FT) 108,800
39 [Watertown City Court Judge 27,200]
40 Watervliet City Court Judge 54,400
41 [Watervliet City Court Judge 27,200]
42 White Plains City Court Judge (FT) 116,800
43 [White Plains City Court Judge 54,400]
44 Yonkers Chief Judge (FT) 119,500
45 Yonkers City Court Judge (FT) 118,300
46 § 6. Transition. Notwithstanding any other provision of law, for
47 purposes of this act:
48 (a) On the effective date of this section:
49 (i) each of the following part-time judgeships shall be abolished and
50 replaced by a full-time judgeship: the part-time city court judge of
51 Albany, the part-time city court judge of Binghamton, the part-time city
52 court judge of Ithaca, the part-time city court judge of Jamestown, the
53 part-time city court judge of Kingston, the part-time city court judge
54 of Lockport, the part-time city judge of Middletown, the part-time city
55 court judge of New Rochelle, the part-time city court judge of Norwich
56 whose office is paid the greater compensation on such date, the part-
A. 6552--B 7
1 time city court judge of Oneida whose office is paid the greater compen-
2 sation on such date, the part-time city court judge of Rome, the part-
3 time city court judge of Saratoga Springs, the part-time city court
4 judge of Watertown and the part-time city court judge of White Plains.
5 Each person in a judgeship abolished by this subdivision shall continue
6 in service in the full-time judgeship that replaces such abolished
7 judgeship hereunder for the remainder of the term of office to which he
8 or she was selected in such abolished judgeship except that the persons
9 who continue in service in the full-time judgeships that replace the
10 abolished judgeships in the city courts of Binghamton and Lockport,
11 respectively, shall do so until the thirty-first day of December next
12 succeeding the date on which such term of office would otherwise expire;
13 and
14 (ii) the office of the elected part-time city court judge of Salamanca
15 shall receive the increase in compensation provided in section 221-i of
16 the judiciary law as amended by section five of this act.
17 (b) The new offices of full-time city court judge in the cities of
18 Buffalo, Newburgh, Rochester, Schenectady, Syracuse, Troy and Yonkers,
19 respectively, shall first be filled by election at the next general
20 election at which they can be filled for a full term to commence January
21 first next thereafter. For each of the offices of full-time city court
22 judge established in the cities of Binghamton and Lockport by paragraph
23 (i) of subdivision (a) of this section, upon the first occurrence of a
24 vacancy in such office following the effective date of this section,
25 such office shall be filled by election for a term commencing the first
26 day of January next succeeding the election.
27 § 7. (a) In the event that the compensation to be paid a judge of a
28 city court, as prescribed by this act or any other provision of law, is
29 lower than the compensation being paid such judge immediately prior to
30 the effective date of this section, such judge shall, for as long as he
31 or she holds the office in which he or she is serving on such effective
32 date, receive such higher compensation (plus any increases thereto as
33 shall thereafter be provided by law).
34 (b) Notwithstanding any provision of this act, this act shall not
35 extend or diminish any term of judicial office commenced prior to the
36 effective date of this section.
37 § 8. This act shall take effect on the first of April next succeeding
38 the date on which it shall have become a law; provided, however, that no
39 changes in the number or compensation of judges, as provided in sections
40 two and five of this act, may take effect in a city in which a full-time
41 judgeship replaces a part-time judgeship pursuant to this act until
42 authorized under section six of this act.
