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S00886 Summary:

BILL NO    S00886A

SAME AS    SAME AS A04395

SPONSOR    BONACIC

COSPNSR    

MLTSPNSR   

Amd Art 6 SS2 & 25, Constn

Authorizes retired supreme court justices to serve as justice of supreme court
until age 80; provides that judges of the court of appeals need not retire
until the end of the year in which they turn age 80; prohibits the appointment
of any person over age 70 to the court of appeals.
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S00886 Memo:

Memo not available
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S00886 Text:

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

                                        886--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Judiciary  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

       proposing an amendment to section 2 of article 6 of the constitution, in
         relation  to  persons appointed to the court of appeals, and proposing
         an amendment to section 25  of  article  6  of  the  constitution,  in
         relation  to  service  by retired justices and requiring judges of the
         court of appeals to retire at age 80

    1    Section 1. Resolved (if the Assembly concur), That  subdivision  e  of
    2  section  2  of  article  6  of  the  constitution  be amended to read as
    3  follows:
    4    e. The governor shall appoint, with the  advice  and  consent  of  the
    5  senate,  from among those recommended by the judicial nominating commis-
    6  sion, a person to fill the office of chief judge or associate judge,  as
    7  the  case  may  be,  whenever  a vacancy occurs in the court of appeals;
    8  provided, however, that no person may be appointed a judge of the  court
    9  of appeals unless such person is a resident of the state [and], has been
   10  admitted to the practice of law in this state for at least ten years AND
   11  WHO  HAS NOT REACHED THE LAST DAY OF DECEMBER IN THE YEAR IN WHICH HE OR
   12  SHE REACHES THE AGE OF SEVENTY.   The governor  shall  transmit  to  the
   13  senate  the  written  report  of  the  commission on judicial nomination
   14  relating to the nominee.
   15    S 2. Resolved (if the Assembly concur), That subdivision b of  section
   16  25 of article 6 of the constitution be amended to read as follows:
   17    b. Each [judge of the court of appeals,] justice of the supreme court,
   18  judge  of  the  court of claims, judge of the county court, judge of the
   19  surrogate's court, judge of the family court, judge of a court  for  the
   20  city of New York established pursuant to section fifteen of this article
   21  and judge of the district court shall retire on the last day of December

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89031-03-3
       S. 886--A                           2

    1  in the year in which he or she reaches the age of seventy. EACH JUDGE OF
    2  THE  COURT  OF  APPEALS  SHALL RETIRE ON THE LAST DAY OF DECEMBER IN THE
    3  YEAR IN WHICH HE OR SHE REACHES THE AGE OF EIGHTY.  Each  [such]  former
    4  [judge  of  the  court  of appeals and] justice of the supreme court may
    5  thereafter perform the duties of a justice of the  supreme  court,  with
    6  power  to hear and determine actions and proceedings, provided, however,
    7  that it shall be certificated in the manner provided  by  law  that  the
    8  services  of such [judge or] justice are necessary to expedite the busi-
    9  ness of the court and that he or she is mentally and physically able and
   10  competent to perform the full duties of such office.  Any  such  certif-
   11  ication  shall  be  valid for a term of two years and may be extended as
   12  provided by law for additional terms of two years. A [retired judge  or]
   13  justice shall serve no longer than until the last day of December in the
   14  year  in  which  he  or  she  reaches the age of [seventy-six] EIGHTY. A
   15  retired judge or justice shall be subject to assignment by the appellate
   16  division of the supreme court of the judicial department of his  or  her
   17  residence.  Any retired justice of the supreme court who had been desig-
   18  nated  to  and served as a justice of any appellate division immediately
   19  preceding his or her reaching the age of seventy shall be  eligible  for
   20  designation  by the governor as a temporary or additional justice of the
   21  appellate division. A retired judge or justice shall not be  counted  in
   22  determining  the  number of justices in a judicial district for purposes
   23  of subdivision d of section six of this article.
   24    S 3. Resolved (if the Assembly concur), That the  foregoing  amendment
   25  be  submitted  to  the people for approval at the general election to be
   26  held in the year 2013 in accordance with the provisions of the  election
   27  law.
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