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S04934 Summary:

BILL NO    S04934 

SAME AS    SAME AS A07969

SPONSOR    BONACIC

COSPNSR    LATIMER

MLTSPNSR   

Amd Art 6 S25, add S36-d, Constn

Relates to retirement of judges and justices.
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S04934 Text:

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

                                         4934

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      May 1, 2013
                                      ___________

       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary

                   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 Assembly 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
       S. 4934                             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 Assembly concur), That article 6 of the consti-
    8  tution 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 Assembly concur), That the foregoing  amendments
   30  be 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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