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A06552 Summary:

BILL NO    A06552B

SAME AS    SAME AS S04043-B

SPONSOR    Morelle (MS)

COSPNSR    Weinstein, Brindisi, Bronson, Buchwald, Skartados, Steck, Weprin,
           Lupardo, Magnarelli

MLTSPNSR   

Amd S2104, UCCA; amd S221-i, Judy L

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.
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A06552 Memo:

BILL NUMBER:A6552B

TITLE OF BILL:  An act to amend the uniform city court act and the judi-
ciary 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 S 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  S  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
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A06552 Text:

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

                                        6552--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     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    S 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    S  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    S  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    S  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    S 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  SALAMANCA           CITY 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    S  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    S 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    S 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.
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