A07969 Summary:

BILL NO    A07969 

SAME AS    SAME AS S04934

SPONSOR    Weinstein

COSPNSR    

MLTSPNSR   

Amd Art 6 S25, add S36-d, Constn

Relates to retirement of judges and justices.
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A07969 Memo:

BILL NUMBER:A7969

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 6 of the constitution, in relation
to retirement of judges and justices

This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative judge:

This measure would amend section 25(b) of Article VI of the State
Constitution to increase the mandatory retirement age for all judges
and justices of the Unified Court System (except for justices of the
Town and Village courts, for whom there would remain no constitutional
retirement age, and judges of the Court of Appeals for whom mandatory
retirement would continue at age 70) from 70 to 74, The measure also
would make a corresponding change in the Constitution's provision
permitting Justices of the Supreme Court and Judges of the Court of
Appeals to continue in service to the Supreme Court past the mandatory
retirement age for up to three two-year terms provided the State's
Administrative Board certifies that they are able and competent to do
so and that their services are needed to expedite court business.
Thus, retiring justices who remain in good health and for whose
services there remains a need could serve until the end of the year in
which they turn 80. Lastly, this measure would establish age 74 as the
mandatory retirement age for City Court judges outside New York City,
superseding the current statutory age 70 retirement requirement for
these judges.*

Each year, the court system loses many competent judges who are
required to leave the bench for no other reason than the fact that
they have attained age 70. This has been the constitutional mandatory
retirement age for over 150 years**, and it has long since ceased to
bear any meaningful relationship to an individual's ability to
discharge the duties of a judge effectively and productively. While
age 70 as a retirement age might have made sense in the mid-19th
century, when the average life expectancy was in the 40's, it makes
little sense today when the average 65-year old can be expected to
live into his or her 80's.

More than merely affecting the lives of individual judges, our
arbitrary and obsolete mandatory retirement age operates to
shortchange the larger community by depriving it of the value of a
judge's accumulated wisdom and experience on the bench. In the eyes of
many, judging is a "late peak" occupation in that judicial performance
tends to improve with age, and is likely to best be discharged later
in life***. Medical research supports this view and refutes the
constitutional presumption that the kind of disabilities that would
interfere with a judge's effective discharge of his or her duties
begin appearing at age 70. Indeed, studies have shown that there is no
decline in average intelligence until age 80, and that healthy older
adults actually perform better than younger people in select areas
such as knowledge about their profession and life****.  Given the
volume and complexity of so much of the litigation that comes before
New York's courts each year, the State can ill afford annually to send
some of its most experienced judges packing for no other reason than
that they have reached an age that was arbitrarily chosen in the


mid-19th century and that many no longer regard as old or the occasion
for infirmity.

Notably, as of the late 1990's, many other states, as well as the
Federal government had recognized that judges perform effectively well
beyond their 70th year. A significant majority of states nationwide
either compelled judicial retirement at age 72 or above, or had no
mandatory retirement age at all*****. The Federal judiciary, o course,
has never had any retirement age at all.

The choice of 74 as a new mandatory retirement age (and that of 80 for
ending the certificated judicial service of retired justices of the
Supreme Court) reflects respect for the community's paramount need for
experienced jurists, its concern, that there be a retirement age more
in keeping with contemporary understanding of the aging process and
its interest in ensuring a continuing influx of new blood into the
Judiciary.

2011-12 Legislative History:

                                     OCA 2011-30
                                      Senate 4587-B (Sen.
 Bonacic)(Rules)

 2010 Legislative History:

                                      OCA 2010-87

 * See judiciary Law S 23. There is no reason to exclude City Court
 judges from their other judicial colleagues for purposes of fixing a
 constitutional retirement age. All of these judges have been subject
 to the same retirement age since long before the adoption of the
 present judiciary Article in the State's Constitution, in 1962.
 **Age 70 was imposed as the retirement age via amendment to the
 Constitution's judiciary article in 1869. Prior to that time, judges
 were subject to mandatory retirement at age 60.

 ***See Richard A. Posner, Aging and Old Age, University of Chicago
 Press, at 180-181 (1995).

 ****See Staudinger, Cornelius & Baltes, The Aging of Intelligence:
 Potential and Limits, 503 The Annals 43, 45 (1989). Despite
 age-related declines in learning ability and memory performance,
 healthy older adults demonstrate superior performance in selected
 domains such as knowledge of their profession and life matters, and
 in pragmatic aspects of intellectual functioning such as creativity
 and wisdom ("wisdom" defined as the advanced cognitive development
 and mastery over one's emotions that comes with age, experience,
 introspection, reflection, intuition and empathy; and "creativity" as
 the ability to apply unique, feasible solutions to new situations).

 *****As of this writing, only 19 of the 50 states compelled judicial
 retirement for their judges at age 70. Of the remaining 31, 17 states
 have no retirement age for their judges, while the rest impose
 retirement at ages ranging from 72 to 90.


 ***END DOCUMENT***


 BILL NUMBER: A289A

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to pedestrian warning devices for parking garages

PURPOSE: To warn pedestrians on sidewalks that cars are exiting a
parking garage and will cross the sidewalk, and to notify drivers of
exiting vehicles that they must yield the right of way to pedestrians.

SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 1686
to the vehicle and traffic law to require parking garages with spaces
for 20 or more vehicles to install the following at each exit where
vehicles cross a sidewalk: a pedestrian warning device, a stop sign,
and a notice to vehicles to yield the right of way to pedestrians.
The pedestrian warning device must have a flashing yellow light or an
intermittent audible signal that is activated when cars exit the
garage and drive over a sidewalk. Violations are punishable by a fine
of up to $250.

Section 2 of the bill sets forth the effective date.

JUSTIFICATION: Pedestrian safety is jeopardized at parking garage
exits as drivers often have poor visibility of pedestrians approaching
on the sidewalk in front of them. Parking garages often use shallow
ramps from underground areas. Many times pedestrians do not have the
advantage of seeing vehicles approaching the garage exit until the
vehicles are already on the sidewalk. This is particularly problematic
in urban areas where pedestrians can outnumber vehicles.  This bill
would require parking garages to warn pedestrians of the presence of
an exiting vehicle before it crosses a sidewalk, and notify drivers of
exiting vehicles to yield the right of way to pedestrians. The
requirements of this section would only apply to enclosed garages and
not to parking lots.

LEGISLATIVE HISTORY:  2012: A04088A (Kavanagh) - Transportation 2011:
A04088 (Kavanagh) - Codes 2010: A10968B (Kavanagh) - Passed Assembly

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect one year after it shall
have become a law.
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A07969 Text:

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

                                         7969

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 12, 2013
                                      ___________

       Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
         Administration) -- read once and referred to the Committee on  Judici-
         ary

                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

       proposing  an amendment to article 6 of the constitution, in relation to
         retirement of judges and justices

    1    Section 1. Resolved (if the Senate  concur),  That  subdivision  b  of
    2  section  25  of  article  6  of  the  constitution be amended to read as
    3  follows:
    4    b. Each judge of the court of appeals[,] SHALL RETIRE ON THE LAST  DAY
    5  OF  DECEMBER  IN  THE YEAR IN WHICH HE OR SHE REACHES THE AGE OF SEVENTY
    6  AND EACH justice of the supreme court, judge of  the  court  of  claims,
    7  judge  of the county court, judge of the surrogate's court, judge of the
    8  family court, judge of a court for the  city  of  New  York  established
    9  pursuant to section fifteen of this article [and], judge of the district
   10  court  AND  JUDGE  OF  A  CITY  COURT OUTSIDE THE CITY OF NEW YORK shall
   11  retire on the last day of December in  the  year  in  which  he  or  she
   12  reaches the age of [seventy] SEVENTY-FOUR. Each such former judge of the
   13  court of appeals and justice of the supreme court may thereafter perform
   14  the  duties  of  a  justice of the supreme court, with power to hear and
   15  determine actions and proceedings, provided, however, that it  shall  be
   16  certificated  in  the  manner  provided by law that the services of such
   17  judge or justice are necessary to expedite the business of the court and
   18  that he or she is mentally and physically able and competent to  perform
   19  the  full  duties  of such office. Any such certification shall be valid
   20  for a term of two years and may be extended as provided by law for addi-
   21  tional terms of two years. A retired judge or  justice  shall  serve  no
   22  longer  than  until  the last day of December in the year in which he or
   23  she reaches the age of [seventy-six] EIGHTY. A retired judge or  justice
   24  shall  be subject to assignment by the appellate division of the supreme
   25  court of the judicial department of his or her residence.   Any  retired
   26  justice  of the supreme court who had been designated to and served as a

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89114-01-3
       A. 7969                             2

    1  justice of any appellate  division  immediately  preceding  his  or  her
    2  reaching  the age of [seventy] SEVENTY-FOUR shall be eligible for desig-
    3  nation by the governor as a  temporary  or  additional  justice  of  the
    4  appellate  division.  A retired judge or justice shall not be counted in
    5  determining the number of justices in a judicial district  for  purposes
    6  of subdivision d of section six of this article.
    7    S  2. Resolved (if the Senate concur), That article 6 of the constitu-
    8  tion be amended by adding a new section 36-d to read as follows:
    9    S 36-D. A. THE AMENDMENTS TO SUBDIVISION B OF SECTION  TWENTY-FIVE  OF
   10  THIS ARTICLE, AS FIRST PROPOSED BY A CONCURRENT RESOLUTION PASSED BY THE
   11  LEGISLATURE  IN  THE  YEAR  TWO  THOUSAND THIRTEEN, ENTITLED "CONCURRENT
   12  RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO  SECTION
   13  25 OF ARTICLE 6 OF THE CONSTITUTION, IN RELATION TO RETIREMENT OF JUDGES
   14  AND  JUSTICES," SHALL BECOME A PART OF THE CONSTITUTION ON THE FIRST DAY
   15  OF SEPTEMBER NEXT AFTER THE APPROVAL AND RATIFICATION OF THE  AMENDMENTS
   16  PROPOSED  BY SUCH CONCURRENT RESOLUTION BY THE PEOPLE AND THE PROVISIONS
   17  THEREOF SHALL BECOME EFFECTIVE ON SUCH DATE.
   18    B. WHERE A FORMER JUDGE OF THE COURT OF  APPEALS  OR  JUSTICE  OF  THE
   19  SUPREME  COURT  WHO,  PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION B OF
   20  SECTION TWENTY-FIVE OF THIS ARTICLE IN EFFECT  ON  AUGUST  THIRTY-FIRST,
   21  TWO  THOUSAND  SIXTEEN,  IS  PERFORMING  THE  DUTIES OF A JUSTICE OF THE
   22  SUPREME COURT OR OF A TEMPORARY OR ADDITIONAL JUSTICE OF  THE  APPELLATE
   23  DIVISION,  HE  OR  SHE SHALL, FOR THE REMAINDER OF THE TWO-YEAR TERM FOR
   24  WHICH HE OR SHE SHALL HAVE BEEN CERTIFICATED, CONTINUE  PERFORMING  SUCH
   25  DUTIES.  AT THE EXPIRATION OF SUCH TERM, HIS OR HER CERTIFICATION MAY BE
   26  EXTENDED FOR ADDITIONAL TERMS  OF  TWO  YEARS  IN  ACCORDANCE  WITH  THE
   27  PROVISIONS  OF  SUBDIVISION  B OF SECTION TWENTY-FIVE OF THIS ARTICLE IN
   28  EFFECT ON SEPTEMBER FIRST, TWO THOUSAND SIXTEEN.
   29    S 3. Resolved (if the Senate concur), That the foregoing amendments be
   30  referred to the first regular legislative session  convening  after  the
   31  next  succeeding  general  election  of members of the assembly, and, in
   32  conformity with  section  1  of  article  19  of  the  constitution,  be
   33  published for 3 months previous to the time of such election.
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