Raises the mandatory age of retirement for judges to seventy-six, with the ability of certain judges and justices to serve under a certified appointment until the age of eighty.
STATE OF NEW YORK
________________________________________________________________________
5303
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, in relation to the age limitation of
terms of judicial office
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 23 of the judiciary law, as added by chapter 649 of
2 the laws of 1945, is amended to read as follows:
3 § 23. Age limitation on term of judicial office. No person shall hold
4 the office of judge, justice or surrogate of any court, whether of
5 record or not of record, except a justice of the peace of a town or
6 police justice of a village, longer than until and including the last
7 day of December next after he or she shall be [seventy] seventy-six
8 years of age[, except that a judge or justice in office or elected or
9 appointed to office at the effective date of this section, as to whom no
10 provision limiting his right to hold office to the close of the year
11 following his attaining the age of seventy years was applicable prior to
12 the effective date of this section, may continue in office during the
13 term for which he was elected or appointed].
14 § 2. Subdivision 2 of section 114 of the judiciary law, as added by
15 chapter 704 of the laws of 1962, is amended to read as follows:
16 2. Any such certification shall be valid for a term of two years
17 beginning on the date of filing the certificate. At the expiration of
18 such term, the retired judge may be certified for an additional [terms]
19 term of two years [each] by the administrative board upon findings of
20 continued mental and physical capacity and need for his or her services.
21 No retired judge may serve under any such certification beyond the last
22 day of December in the year in which he or she reaches the age of
23 [seventy-six] eighty.
24 § 3. Subdivision 2 of section 115 of the judiciary law, as added by
25 chapter 704 of the laws of 1962, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09391-03-3
A. 5303 2
1 2. Any such certification shall be valid for a term of two years
2 beginning on the date of filing the certificate. At the expiration of
3 such term the retired justice may be certified for an additional [terms]
4 term of two years [each] by the administrative board upon findings of
5 continued mental and physical capacity and need for his or her services.
6 No retired justice may serve under any such certification beyond the
7 last day of December in the year in which he or she reaches the age of
8 [seventy-six] eighty.
9 § 4. This act shall take effect on the same date and in the same
10 manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing
11 an amendment to section 25 of article 6 of the constitution, in
12 relation to service by retired justices and requiring judges and
13 justices to retire at age 76" takes effect, in accordance with section 1
14 of article 19 of the constitution.
