Rpld & add Art 6 S4 sub a, SS9-a - 16-a, 21-a, 34, 35, 36, 36-a, 36-c & 37, amd Constn, generally
Proposes a constitutional amendment to merge the County Court, Surrogate's Court, Family Court, Court of Claims, District Court and Criminal and Civil Courts of New York City into the Supreme Court, thereby creating a single, unified trial court of general jurisdiction and establishes a merit selection process to assure that justices of the Supreme Court are selected on the basis of merit criteria.
STATE OF NEW YORK
________________________________________________________________________
1842
2009-2010 Regular Sessions
IN ASSEMBLY
January 12, 2009
___________
Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. BREN-
NAN -- read once and referred to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to article 6 of the constitution, in relation to
the composition of judicial departments and the abolishment of the
court of claims, the county court, the family courts, the surrogate's
court, the city-wide courts of civil and criminal jurisdiction for the
city of New York and the district court, merging the jurisdiction of
such courts with that of the supreme court, providing for the manner
of selecting justices of the supreme court and designating the
justices of the appellate divisions, and the repeal of subdivision a
of section 4 and sections 9-a, 10-a, 11-a, 12-a, 13-a, 14-a, 15-a,
16-a, 21-a, 34, 35, 36, 36-a, 36-c and 37 of article 6 thereof relat-
ing thereto
1 Section 1. Resolved (if the Senate concur), That section 1 of article
2 6 of the constitution be amended to read as follows:
3 Section 1. a. There shall be a unified court system for the state. The
4 state-wide courts shall consist of the court of appeals[,] and the
5 supreme court including the appellate divisions thereof[, the court of
6 claims, the county court, the surrogate's court and the family court],
7 as hereinafter provided. [The legislature shall establish in and for the
8 city of New York, as part of the unified court system for the state, a
9 single, city-wide court of civil jurisdiction and a single, city-wide
10 court of criminal jurisdiction, as hereinafter provided, and may upon
11 the request of the mayor and the local legislative body of the city of
12 New York, merge the two courts into one city-wide court of both civil
13 and criminal jurisdiction.] The unified court system for the state shall
14 also include the [district,] town, city and village courts outside the
15 city of New York, as hereinafter provided.
16 b. The court of appeals, the supreme court including the appellate
17 divisions thereof, [the court of claims, the county court, the surro-
18 gate's court, the family court, the courts or court of civil and crimi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89042-01-9
A. 1842 2
1 nal jurisdiction of the city of New York,] and such other courts as the
2 legislature may determine shall be courts of record.
3 c. All processes, warrants and other mandates of the court of
4 appeals[,] and the supreme court including the appellate divisions ther-
5 eof, [the court of claims, the county court, the surrogate's court and
6 the family court] may be served and executed in any part of the state.
7 [All processes, warrants and other mandates of the courts or court of
8 civil and criminal jurisdiction of the city of New York may, subject to
9 such limitation as may be prescribed by the legislature, be served and
10 executed in any part of the state.] The legislature may provide that
11 processes, warrants and other mandates of the [district court may be
12 served and executed in any part of the state and that processes,
13 warrants and other mandates of] town, village and city courts outside
14 the city of New York may be served and executed in any part of the coun-
15 ty in which such courts are located or in any part of any adjoining
16 county.
17 § 2. Resolved (if the Senate concur), That subdivision a of section 4
18 of article 6 of the constitution be REPEALED and a new subdivision a be
19 added to read as follows:
20 a. The legislature shall within two years of the effective date of
21 this subdivision, and may once after each federal decennial census ther-
22 eafter, divide the state into not less than four nor more than six judi-
23 cial departments. Each judicial department shall be bounded by the lines
24 of judicial districts. The judicial departments heretofore established
25 and in existence on the effective date of this subdivision shall contin-
26 ue until changed by the legislature.
27 § 3. Resolved (if the Senate concur), That subdivision c of section 4
28 of article 6 of the constitution be amended to read as follows:
29 c. The governor shall designate the presiding justice of each appel-
30 late division, who shall act as such during his or her term of office
31 and shall be a resident of the department. The other justices of the
32 appellate divisions shall be designated by the governor, from all the
33 justices [elected to] of the supreme court, other than those serving by
34 interim appointment pursuant to section thirteen of this article, for
35 terms of five years or the unexpired portions of their respective terms
36 of office, if less than five years.
37 § 4. Resolved (if the Senate concur), That section 6 of article 6 of
38 the constitution be amended to read as follows:
39 § 6. a. The state shall be divided into [eleven] twelve judicial
40 districts. The first judicial district shall consist of the [counties of
41 Bronx and] county of New York. The second judicial district shall
42 consist of the counties of Kings and Richmond. The third judicial
43 district shall consist of the counties of Albany, Columbia, Greene,
44 Rensselaer, Schoharie, Sullivan[,] and Ulster. The fourth judicial
45 district shall consist of the counties of Clinton, Essex, Franklin,
46 Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga, Schenectady,
47 Warren and Washington. The fifth judicial district shall consist of the
48 counties of Herkimer, Jefferson, Lewis, Oneida, Onondaga[,] and Oswego.
49 The sixth judicial district shall consist of the counties of Broome,
50 Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga
51 and Tompkins. The seventh judicial district shall consist of the coun-
52 ties of Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and
53 Yates. The eighth judicial district shall consist of the counties of
54 Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and
55 Wyoming. The ninth judicial district shall consist of the counties of
56 Dutchess, Orange, Putnam, Rockland and Westchester. The tenth judicial
A. 1842 3
1 district shall consist of the counties of Nassau and Suffolk. The elev-
2 enth judicial district shall consist of the county of Queens. The
3 twelfth judicial district shall consist of the county of Bronx.
4 b. [Once every ten years the legislature may increase or decrease the
5 number of judicial districts or alter the composition of judicial
6 districts and thereupon re-apportion the justices to be thereafter
7 elected in the judicial districts so altered] The legislature may
8 increase or decrease the number of judicial districts or alter the
9 composition of judicial districts at any time within two years of the
10 effective date of this subdivision and once after each federal decennial
11 census. Each judicial district shall be bounded by county lines.
12 c. [The justices of the supreme court shall be chosen by the electors
13 of the judicial district in which they are to serve.] The terms of
14 justices of the supreme court shall be fourteen years [from and includ-
15 ing the first day of January next after their election].
16 d. The supreme court is continued. It shall consist of the number of
17 justices of the supreme court including the justices designated to the
18 appellate divisions of the supreme court, [judges of the county court of
19 the counties of Bronx, Kings, Queens and Richmond and judges of the
20 court of general sessions of the county of New York authorized by law on
21 the thirty-first day of August next after the approval and ratification
22 of this amendment by the people] and judges of the court of claims,
23 judges of the county court, judges of the family court, judges of the
24 district courts and judges of the city-wide court of criminal jurisdic-
25 tion of the city of New York and elected judges of the city-wide court
26 of civil jurisdiction of the city of New York in accordance with the
27 provisions of section twenty-seven of this article, all of whom shall be
28 justices of the supreme court for the remainder of their terms. The
29 judges of the court of claims in office on the date of abolition of that
30 court in accordance with section twenty-seven of this article, shall,
31 for the remainder of the terms for which they were appointed, be state-
32 wide justices of the supreme court. Such supreme court justices and
33 their successors in such offices shall be known as statewide justices of
34 the supreme court.
35 e. Except for statewide justices of the supreme court and supreme
36 court justices in office on the effective date of this subdivision, the
37 justices of the supreme court shall be residents of the county in which
38 they are to serve. Supreme court justices in office on the effective
39 date of this subdivision shall be residents of the judicial district in
40 which they are to serve. Except for statewide justices of the supreme
41 court and supreme court justices within the city of New York, all
42 supreme court justices shall be appointed by the governor upon the nomi-
43 nation of the chief elected official of the county in which they are to
44 serve by and with the advice and consent of the senate as provided in
45 section thirteen of this article. Statewide justices of the supreme
46 court shall be appointed by the governor by and with the advice and
47 consent of the senate as provided in section thirteen of this article.
48 Supreme court justices within the city of New York shall be appointed by
49 the governor upon the nomination of the mayor of the city of New York by
50 and with the advice and consent of the senate as provided in section
51 thirteen of this article.
52 f. The legislature may increase or decrease the number of justices of
53 the supreme court in any judicial district, or the number of statewide
54 justices of the supreme court, except that [the number in any district
55 shall not be increased to exceed one justice for fifty thousand, or
56 fraction over thirty thousand, of the population thereof as shown by the
A. 1842 4
1 last federal census or state enumeration. The legislature may decrease
2 the number of justices of the supreme court in any judicial district,
3 except that the number in any district shall not be less than the number
4 of justices of the supreme court authorized by law on the effective date
5 of this article] upon the abolition of the county court pursuant to
6 section twenty-seven of this article, there shall be at least one
7 justice of the supreme court, other than a statewide justice of the
8 supreme court, selected from each county of the state, who shall be a
9 resident of that county.
10 [e] g. The clerks of the several counties shall be clerks of the
11 supreme court, with such powers and duties as shall be prescribed by
12 law.
13 § 5. Resolved (if the Senate concur), That section 7 of article 6 of
14 the constitution be amended to read as follows:
15 § 7. a. The supreme court shall have general original jurisdiction in
16 law and equity, including the jurisdiction of the courts abolished
17 pursuant to section twenty-seven of this article, and the appellate
18 jurisdiction herein provided. [In the city of New York, it shall have
19 exclusive jurisdiction over crimes prosecuted by indictment, provided,
20 however, that the legislature may grant to the city-wide court of crimi-
21 nal jurisdiction of the city of New York jurisdiction over misdemeanors
22 prosecuted by indictment and to the family court in the city of New York
23 jurisdiction over crimes and offenses by or against minors or between
24 spouses or between parent and child or between members of the same fami-
25 ly or household.]
26 b. In each county having a population in excess of two hundred thou-
27 sand inhabitants as of the most recent decennial census there shall be a
28 separate surrogate's division of the supreme court which shall exercise
29 jurisdiction over all actions and proceedings relating to the affairs of
30 decedents, probate of wills, administration of estates, guardianship of
31 the property of minors, lifetime trusts, conservatorships, committees
32 for incompetents or patients, actions or proceedings arising thereunder
33 or pertaining thereto and such other matters as may be provided by law.
34 Judges who hold or assume the office of judge of the surrogate's court
35 in any such county on the effective date of this subdivision, and their
36 successors in office shall be assigned by the chief administrator to the
37 surrogate's division.
38 c. If the legislature shall create new classes of actions and
39 proceedings, the supreme court shall have jurisdiction over such classes
40 of actions and proceedings, but the legislature may provide that another
41 court or other courts shall also have jurisdiction and that actions and
42 proceedings of such classes may be originated in such other court or
43 courts.
44 § 6. Resolved (if the Senate concur), That subdivisions d and e of
45 section 8 of article 6 of the constitution be amended to read as
46 follows:
47 d. If so directed by the appellate division of the supreme court
48 establishing an appellate term, an appellate term shall have jurisdic-
49 tion to hear and determine appeals [now or hereafter] authorized by law
50 to be taken [to the supreme court or] to the appellate division other
51 than [appeals from the supreme court, a surrogate's court, the family
52 court or] appeals in criminal cases prosecuted by indictment or by
53 information as provided in section six of article one.
54 e. As may be provided by law, an appellate term shall have jurisdic-
55 tion to hear and determine appeals from [the district court or] a town,
56 village or city court outside the city of New York.
A. 1842 5
1 § 7. Resolved (if the Senate concur), That subdivision a of section 9
2 of article 6 of the constitution, such section as renumbered by section
3 ten of this resolution, be amended to read as follows:
4 a. Courts for towns, villages and cities outside the city of New York
5 are continued and shall have the jurisdiction prescribed by the legisla-
6 ture [but not in any respect greater than the jurisdiction of the
7 district court as provided in section sixteen of this article] in
8 actions and proceedings for the recovery of money, actions and
9 proceedings for the recovery of chattels and actions and proceedings for
10 the foreclosure of mechanic's liens and liens on personal property where
11 the amount sought to be recovered or the value of the property shall be
12 fixed by law but shall not exceed fifteen thousand dollars exclusive of
13 interest and costs, summary proceedings to recover possession of real
14 property and to remove tenants therefrom, crimes and other violations of
15 law, other than those prosecuted by indictment or by information as
16 provided in section six of article one, and over such other actions and
17 proceedings not within the exclusive jurisdiction of the supreme court,
18 as may be provided by law. The courts shall further exercise such equi-
19 ty jurisdiction as may be provided by law and their jurisdiction to
20 enter judgment upon a counterclaim for the recovery of money only shall
21 be unlimited, if provided by law.
22 § 8. Resolved (if the Senate concur), That sections 9, 10, 11, 12,
23 13, 14, 15, 16 and 21 of article 6 of the constitution be renumbered
24 sections 9-a, 10-a, 11-a, 12-a, 13-a, 14-a, 15-a, 16-a and 21-a.
25 § 9. Resolved (if the Senate concur), That sections 9-a, 10-a, 11-a,
26 12-a, 13-a, 14-a, 15-a, 16-a and 21-a of article 6 of the constitution,
27 as renumbered by section eight of this resolution, and sections 34, 35,
28 36, 36-a, 36-c and 37 of article 6 of the constitution be REPEALED.
29 § 10. Resolved (if the Senate concur), That sections 17, 18, 19, 20,
30 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of article 6 of the
31 constitution be renumbered sections 9, 10, 11, 12, 15, 16, 17, 18, 19,
32 20, 21, 22, 23, 24, 25 and 26.
33 § 11. Resolved (if the Senate concur), That section 11 of article 6 of
34 the constitution, as renumbered by section ten of this resolution, be
35 amended to read as follows:
36 § 11. a. The supreme court may transfer any action or proceeding,
37 except one over which it shall have exclusive jurisdiction which does
38 not depend upon the monetary amount sought, to any other court having
39 jurisdiction of the subject matter within the judicial department
40 provided that such other court has jurisdiction over the classes of
41 persons named as parties. As may be provided by law, the supreme court
42 may transfer to itself any action or proceeding originated or pending in
43 another court within the judicial department [other than the court of
44 claims] upon a finding that such a transfer will promote the adminis-
45 tration of justice.
46 b. [The county court shall transfer to the supreme court or surro-
47 gate's court or family court any action or proceeding which has not been
48 transferred to it from the supreme court or surrogate's court or family
49 court and over which the county court has no jurisdiction. The county
50 court may transfer any action or proceeding, except a criminal action or
51 proceeding involving a felony prosecuted by indictment or an action or
52 proceeding required by this article to be dealt with in the surrogate's
53 court or family court, to any court, other than the supreme court,
54 having jurisdiction of the subject matter within the county provided
55 that such other court has jurisdiction over the classes of persons named
56 as parties.
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1 c. As may be provided by law, the supreme court or the county court
2 may transfer to the county court any action or proceeding originated or
3 pending in the district court or a town, village or city court outside
4 the city of New York upon a finding that such a transfer will promote
5 the administration of justice.
6 d. The surrogate's court shall transfer to the supreme court or the
7 county court or the family court or the courts for the city of New York
8 established pursuant to section fifteen of this article any action or
9 proceeding which has not been transferred to it from any of said courts
10 and over which the surrogate's court has no jurisdiction.
11 e. The family court shall transfer to the supreme court or the surro-
12 gate's court or the county court or the courts for the city of New York
13 established pursuant to section fifteen of this article any action or
14 proceeding which has not been transferred to it from any of said courts
15 and over which the family court has no jurisdiction.
16 f. The courts for the city of New York established pursuant to
17 section fifteen of this article shall transfer to the supreme court or
18 the surrogate's court or the family court any action or proceeding which
19 has not been transferred to them from any of said courts and over which
20 the said courts for the city of New York have no jurisdiction.
21 g. As may be provided by law, the supreme court shall transfer any
22 action or proceeding to any other court having jurisdiction of the
23 subject matter in any other judicial district or county provided that
24 such other court has jurisdiction over the classes of persons named as
25 parties.
26 h. As may be provided by law, the county court, the surrogate's
27 court, the family court and the courts for the city of New York estab-
28 lished pursuant to section fifteen of this article may transfer any
29 action or proceeding, other than one which has previously been trans-
30 ferred to it, to any other court, except the supreme court, having
31 jurisdiction of the subject matter in any other judicial district or
32 county provided that such other court has jurisdiction over the classes
33 of persons named as parties.
34 i.] As may be provided by law, [the district court or] a town, village
35 or city court outside the city of New York may transfer any action or
36 proceeding, other than one which has previously been transferred to it,
37 to any court, other than [the county court or the surrogate's court or
38 the family court or] the supreme court, having jurisdiction of the
39 subject matter in the same or an adjoining county provided that such
40 other court has jurisdiction over the classes of persons named as
41 parties.
42 [j] c. Each court shall exercise jurisdiction over any action or
43 proceeding transferred to it pursuant to this section.
44 [k] d. The legislature may provide that the verdict or judgment in
45 actions and proceedings so transferred shall not be subject to the limi-
46 tation of monetary jurisdiction of the court to which the actions and
47 proceedings are transferred if that limitation be lower than that of the
48 court in which the actions and proceedings were originated.
49 § 12. Resolved (if the Senate concur), That subdivision a, the open-
50 ing paragraph of subdivision b and subdivision c of section 12 of arti-
51 cle 6 of the constitution, such section as renumbered by section ten of
52 this resolution, be amended to read as follows:
53 a. No person, other than one who holds [such] office at the effective
54 date of section thirteen of this article, may assume the office of judge
55 of the court of appeals[,] or justice of the supreme court[, or judge of
56 the court of claims] unless he or she has been admitted to practice law
A. 1842 7
1 in this state at least ten years. No person, other than one who holds
2 such office at the effective date of this article, may assume the office
3 of judge of [the county court, surrogate's court, family court, a court
4 for the city of New York established pursuant to section fifteen of this
5 article, district court or] a city court outside the city of New York
6 unless he or she has been admitted to practice law in this state at
7 least five years or such greater number of years as the legislature may
8 determine.
9 A judge of the court of appeals[,] or justice of the supreme court,
10 [judge of the court of claims, judge of a county court, judge of the
11 surrogate's court, judge of the family court or judge of a court for the
12 city of New York established pursuant to section fifteen of this arti-
13 cle] who is elected or appointed after the effective date of this arti-
14 cle, may not:
15 c. Qualifications for and restrictions upon the judges of [district,]
16 town, village or city courts outside the city of New York, other than
17 such qualifications and restrictions specifically set forth in subdivi-
18 sion a of this section, shall be prescribed by the legislature,
19 provided, however, that the legislature shall require a course of train-
20 ing and education to be completed by justices of town and village courts
21 selected after the effective date of this article who have not been
22 admitted to practice law in this state. Judges of such courts shall also
23 be subject to such rules of conduct not inconsistent with laws as may be
24 promulgated by the chief administrator of the courts with the approval
25 of the court of appeals.
26 § 13. Resolved (if the Senate concur), That article 6 of the constitu-
27 tion be amended by adding two new sections 13 and 14 to read as follows:
28 § 13. a. There shall be a judicial nominating commission for each
29 judicial district outside the city of New York to evaluate the quali-
30 fications of candidates for appointment in such district to the office
31 of justice of the supreme court other than the office of statewide
32 justice of the supreme court. There shall be one city-wide judicial
33 nominating commission to evaluate the qualifications of candidates for
34 appointment to the office of justice of the supreme court within the
35 city of New York, other than the office of statewide justice of the
36 supreme court. There shall be one statewide judicial nominating commis-
37 sion to evaluate the qualifications of candidates for appointment to the
38 office of statewide justice of the supreme court, and for designation to
39 the office of presiding justice and justice of the appellate division.
40 b. (1) Each such commission shall consist of thirteen at-large
41 members of whom four shall be appointed by the governor, three by the
42 chief judge of the court of appeals, one each by the temporary president
43 of the senate, the speaker of the assembly, the minority leader of the
44 senate and the minority leader of the assembly, and one by the president
45 of the New York state bar association. The chief administrator of the
46 courts shall be a member of the statewide judicial nominating commis-
47 sion. Each commission, other than the statewide judicial nominating
48 commission, also shall include one at-large member appointed by the
49 presiding justice of the appellate division of the department in which
50 the district is located and two regional members from each county in the
51 district appointed by the chief elected official of the county, except
52 that there shall be four regional members appointed from each county in
53 the city of New York, two of whom shall be appointed by the chief
54 elected official of such county and two of whom shall be appointed by
55 the mayor of such city. Regional members shall serve only when the
56 vacant office is to be filled by a resident of their county.
A. 1842 8
1 (2) Of the four members of each commission appointed by the governor,
2 not more than two shall be enrolled in the same political party and at
3 least two shall not be members of the bar of the state. Of the three
4 members appointed by the chief judge of the court of appeals, not more
5 than two shall be members of the bar of the state. The member appointed
6 by the presiding justice of the appellate division shall be a member of
7 the bar of the state. The two regional members from each county outside
8 the city of New York shall not be enrolled in the same political party
9 and one shall not be a member of the bar of the state. The two regional
10 members from each county in the city of New York appointed by the chief
11 elected official of each such county shall not be enrolled in the same
12 political party and one shall not be a member of the bar of the state,
13 and the two regional members from each county in the city of New York
14 appointed by the mayor of such city shall not be enrolled in the same
15 political party and one shall not be a member of the bar of the state.
16 Except for the chief administrator of the courts, no at-large or
17 regional member of any commission shall hold or have held any judicial
18 office or hold any elected public office for which he or she receives
19 compensation during his or her period of service, except that the gover-
20 nor and chief judge may each appoint no more than one former judge or
21 justice of the unified court system to each commission. No at-large or
22 regional member of any commission shall hold office in any political
23 party, and, except for the chief administrator of the courts, no member
24 shall be eligible for appointment to judicial office in any court of the
25 state during the member's period of service or within one year thereaft-
26 er.
27 (3) The members of each commission first appointed by the governor
28 shall have, respectively, one, two, three and four year terms as he or
29 she shall designate. The members first appointed by the chief judge of
30 the court of appeals shall have, respectively, two, three and four year
31 terms as he or she shall designate. The member first appointed by the
32 temporary president of the senate shall have a four year term. The
33 member first appointed by the speaker of the assembly shall have a three
34 year term. The member first appointed by the minority leader of the
35 senate shall have a two year term. The member first appointed by the
36 minority leader of the assembly shall have a one year term. The members
37 first appointed by the presiding justice of the appellate division and
38 the president of the New York state bar association shall have four year
39 terms. The regional members first appointed from each county outside
40 the city of New York shall have, respectively, two and four year terms
41 as the person appointing them shall designate. The two regional members
42 appointed from each county within the city of New York by the chief
43 elected official of each county shall have, respectively, one and three
44 year terms as the person appointing them shall designate and the two
45 regional members appointed from each county within the city of New York
46 by the mayor of such city shall have, respectively, two and four year
47 terms as the mayor shall designate. Each subsequent appointment shall
48 be for a term of four years.
49 (4) The governor shall designate a chairperson for each commission
50 from among its at-large members.
51 (5) Each at-large member of each commission shall be a resident of,
52 have an office in or work in the judicial district in which he or she is
53 to serve, except that each at-large member of the city-wide commission
54 for the city of New York shall be a resident of, have an office in or
55 work in such city and each at-large member of the statewide commission
56 shall be a resident of the state.
A. 1842 9
1 c. (1) The statewide judicial nominating commission shall consider
2 the qualifications of all candidates for appointment to the office of
3 statewide justice of the supreme court and for designation to the
4 offices of presiding justice and justice of the appellate division; and
5 each such other district commission shall consider the qualifications of
6 candidates for appointment outside the city of New York to the office of
7 justice of the supreme court other than statewide justice of the supreme
8 court. The city-wide commission for the city of New York shall consider
9 candidates for appointment within such city to the office of justice of
10 the supreme court other than statewide justice of the supreme court.
11 Whenever one or more vacancies in such offices occur, the appropriate
12 commission shall prepare a written report and recommend to the appropri-
13 ate appointing authority persons who by their character, temperament,
14 professional aptitude and experience are well-qualified for that judi-
15 cial office. Except as may otherwise be provided by law, no person may
16 be recommended to fill a vacancy in the office of justice of the supreme
17 court, except for the office of statewide justice of the supreme court,
18 unless he or she is a resident of the county in which the last person to
19 hold such office resided when he or she last assumed it.
20 (2) The legislature shall prescribe by law the organization and proce-
21 dure of each commission, provided, however, that where there is one
22 vacancy to be filled, at least three persons and not more than five
23 persons shall be recommended as provided herein; where there are two
24 vacancies to be filled by residents of the same county or judicial
25 district, or in the office of statewide justice of the supreme court, at
26 least five persons and not more than eight persons shall be recommended;
27 and, where there are three or more vacancies to be filled by residents
28 of the same county or judicial district, or in the office of statewide
29 justice of the supreme court, the number of persons recommended by the
30 appropriate commission shall be at least two times the number of vacan-
31 cies and not more than three times the number of vacancies. Notwith-
32 standing the foregoing, where a commission is unable to recommend as
33 well-qualified for the office such number of persons as is prescribed
34 herein, it shall recommend such lesser number of persons who are well-
35 qualified therefor.
36 d. (1) From among those recommended by the appropriate commission as
37 provided in paragraph one of subdivision c of this section, the governor
38 shall appoint a person to fill the office of statewide justice of the
39 supreme court, by and with the advice and consent of the senate, and
40 designate a person as presiding justice or justice of the appellate
41 division; the governor shall, upon the nomination of the mayor of the
42 city of New York, appoint a person to fill the office of justice of the
43 supreme court within the city of New York, by and with the advice and
44 consent of the senate; and the governor shall, upon the nomination of
45 the chief elected official of the county in which a vacancy occurs,
46 appoint a person to fill the office of justice of the supreme court
47 outside the city of New York, by and with the advice and consent of the
48 senate, whenever a vacancy occurs therein.
49 (2) In the case of each appointment that is subject to the advice and
50 consent of the senate, the governor shall transmit to the senate the
51 written report of the appropriate commission relating to the appointee.
52 e. When a vacancy occurs in the office of justice of the supreme court
53 and the senate is not in session to give its advice and consent to an
54 appointment to fill the vacancy, the governor shall fill the vacancy by
55 interim appointment as provided in subdivision d of this section. An
56 interim appointment shall continue until the senate shall pass upon the
A. 1842 10
1 selection. If the senate confirms an appointment, the justice or judge
2 shall serve a term as provided in subdivision c of section six of this
3 article for justices of the supreme court, commencing from the date of
4 such an interim appointment. If the senate rejects an appointment, a
5 vacancy in the office shall occur sixty days after such rejection.
6 § 14. a. The retention in office of every justice of the supreme court
7 appointed pursuant to section six of this article, other than statewide
8 justices of the supreme court, shall be subject to approval by the elec-
9 torate of the county of the justice's residence at the time he or she
10 last assumed office, at the next general election following the expira-
11 tion of two years from the commencement of his or her term, except that
12 for justices of the supreme court in office on the effective date of
13 this section, the retention in office at such time shall be subject to
14 approval of the electorate of the judicial district of such justice's
15 residence at the time he or she last assumed office. At least sixty
16 days before such election, the judicial nominating commission for the
17 appropriate judicial district shall publish a written report setting
18 forth the qualifications of the candidate for retention and the commis-
19 sion's recommendation as to whether or not the candidate is well quali-
20 fied for retention by virtue of his or her character, temperament,
21 professional aptitude and experience. The following question shall be
22 submitted to the electorate at such election:
23 "Shall ............ , a justice of the supreme court, be retained in
24 office?"
25 If a majority of those voting on the question vote "Yes," the justice
26 shall be continued in office until the expiration of his or her term.
27 If a majority of those voting on the question vote "No," a vacancy in
28 the office shall be created as of the first day of January in the year
29 following the election. This section shall apply to justices of the
30 supreme court who are serving on the appellate division at the expira-
31 tion of two years from the commencement of their term but a designation
32 to the appellate division shall not be submitted to the electorate for
33 approval.
34 b. A justice of the supreme court who shall desire to retain such
35 judicial office for another term after the expiration of a term of
36 office, shall file with the secretary of state and also shall file with
37 the appropriate judicial nominating commission, not less than one
38 hundred eighty days prior to the expiration of such term, a declaration
39 of intent to seek another term. Presiding justices and justices of the
40 appellate division who shall desire to retain such judicial office for
41 another term after the expiration of a term of office on the appellate
42 division, regardless of the expiration date of any supreme court office
43 that he or she also holds, shall file with the secretary of state and
44 also shall file with the statewide judicial nominating commission, not
45 less than one hundred eighty days prior to the expiration of such term,
46 a declaration of intent to seek another term. Failure to file such a
47 declaration within the time specified shall create a vacancy in the
48 office at the end of such term. If such justice of the supreme court or
49 presiding justice or justice of the appellate division is found by his
50 or her character, temperament, professional aptitude and experience to
51 be well qualified for reappointment, or redesignation in the case of a
52 presiding justice or justice of the appellate division, by the appropri-
53 ate judicial nominating commission, such justice or presiding justice,
54 as the case may be, shall continue in office for a new term.
A. 1842 11
1 § 14. Resolved (if the Senate concur), That subdivision b of section
2 16 of article 6 of the constitution, such section as renumbered by
3 section ten of this resolution, be amended to read as follows:
4 b. Judges of [the court of claims, the county court, the surrogate's
5 court, the family court, the courts for the city of New York established
6 pursuant to section fifteen of this article, the district court and]
7 such other courts as the legislature may determine may be removed by the
8 senate, on the recommendation of the governor, if two-thirds of all the
9 members elected to the senate concur therein.
10 § 15. Resolved (if the Senate concur), That subdivisions a and b of
11 section 18 of article 6 of the constitution, such section as renumbered
12 by section ten of this resolution, be amended to read as follows:
13 a. The compensation of a judge of the court of appeals, a justice of
14 the supreme court, a judge of the court of claims, a judge of the county
15 court, [a judge of the surrogate's court, a judge of the family court, a
16 judge of a court for the city of New York established pursuant to
17 section fifteen of this article, a judge of the district court] or of a
18 retired judge or justice shall be established by law and shall not be
19 diminished during the term of office for which he or she was elected or
20 appointed. [Any judge or justice of a court abolished by section thir-
21 ty-five of this article, who pursuant to that section becomes a judge or
22 justice of a court established or continued by this article, shall
23 receive without interruption or diminution for the remainder of the term
24 for which he or she was elected or appointed to the abolished court the
25 compensation he or she had been receiving upon the effective date of
26 this article together with any additional compensation that may be
27 prescribed by law.]
28 b. Each judge of the court of appeals[,] and justice of the supreme
29 court, [judge of the court of claims, judge of the county court, judge
30 of the surrogate's court, judge of the family court, judge of a court
31 for the city of New York established pursuant to section fifteen of this
32 article and judge of the district court] shall retire on the last day of
33 December in the year in which he or she reaches the age of seventy. Each
34 such former judge of the court of appeals and justice of the supreme
35 court may thereafter perform the duties of a justice of the supreme
36 court, with power to hear and determine actions and proceedings,
37 provided, however, that it shall be certificated in the manner provided
38 by law that the services of such judge or justice are necessary to expe-
39 dite the business of the court and that he or she is mentally and phys-
40 ically able and competent to perform the full duties of such office. Any
41 such certification shall be valid for a term of two years and may be
42 extended as provided by law for additional terms of two years. A retired
43 judge or justice shall serve no longer than until the last day of Decem-
44 ber in the year in which he or she reaches the age of seventy-six. A
45 retired judge or justice shall be subject to assignment by the appellate
46 division of the supreme court of the judicial department of his or her
47 residence. Any retired justice of the supreme court who had been desig-
48 nated to and served as a justice of any appellate division immediately
49 preceding his or her reaching the age of seventy shall be eligible for
50 designation by the governor as a temporary or additional justice of the
51 appellate division. A retired judge or justice shall not be counted in
52 determining the number of justices in a judicial district or county for
53 purposes of subdivision d of section six of this article.
54 § 16. Resolved (if the Senate concur), That section 19 of article 6 of
55 the constitution, as renumbered by section ten of this resolution, be
56 amended to read as follows:
A. 1842 12
1 § 19. a. A justice of the supreme court may perform the duties of
2 office or hold court in any county and may be temporarily assigned to
3 the supreme court in any judicial district [or to the court of claims. A
4 justice of the supreme court in the city of New York may be temporarily
5 assigned to the family court in the city of New York or to the surro-
6 gate's court in any county within the city of New York when required to
7 dispose of the business of such court].
8 b. [A judge of the court of claims may perform the duties of office or
9 hold court in any county and may be temporarily assigned to the supreme
10 court in any judicial district.
11 c. A judge of the county court may perform the duties of office or
12 hold court in any county and may be temporarily assigned to the supreme
13 court in the judicial department of his or her residence or to the coun-
14 ty court or the family court in any county or to the surrogate's court
15 in any county outside the city of New York or to a court for the city of
16 New York established pursuant to section fifteen of this article.
17 d. A judge of the surrogate's court in any county within the city of
18 New York may perform the duties of office or hold court in any county
19 and may be temporarily assigned to the supreme court in the judicial
20 department of his or her residence.
21 e. A judge of the surrogate's court in any county outside the city of
22 New York may perform the duties of office or hold court in any county
23 and may be temporarily assigned to the supreme court in the judicial
24 department of his or her residence or to the county court or the family
25 court in any county or to a court for the city of New York established
26 pursuant to section fifteen of this article.
27 f. A judge of the family court may perform the duties of office or
28 hold court in any county and may be temporarily assigned to the supreme
29 court in the judicial department of his or her residence or to the coun-
30 ty court or the family court in any county or to the surrogate's court
31 in any county outside of the city of New York or to a court for the city
32 of New York established pursuant to section fifteen of this article.
33 g. A judge of a court for the city of New York established pursuant to
34 section fifteen of this article may perform the duties of office or hold
35 court in any county and may be temporarily assigned to the supreme court
36 in the judicial department of his or her residence or to the county
37 court or the family court in any county or to the other court for the
38 city of New York established pursuant to section fifteen of this arti-
39 cle.
40 h. A judge of the district court in any county may perform the duties
41 of office or hold court in any county and may be temporarily assigned to
42 the county court in the judicial department of his or her residence or
43 to a court for the city of New York established pursuant to section
44 fifteen of this article or to the district court in any county.
45 i.] Temporary assignments of [all the foregoing judges or justices
46 listed in this section] a justice of the supreme court, and of judges of
47 the city courts pursuant to paragraph two of subdivision [j] c of this
48 section, shall be made by the chief administrator of the courts in
49 accordance with standards and administrative policies established pursu-
50 ant to section [twenty-eight] twenty-one of this article.
51 [j] c. (1) The legislature may provide for temporary assignments with-
52 in the county of residence or any adjoining county, of judges of town,
53 village or city courts outside the city of New York.
54 (2) In addition to any temporary assignments to which a judge of a
55 city court may be subject pursuant to paragraph one of this subdivision,
56 such judge also may be temporarily assigned by the chief administrator
A. 1842 13
1 of the courts to the county court, the family court or the district
2 court within his or her county of residence or any adjoining county
3 provided he or she is not permitted to practice law.
4 [k] d. While temporarily assigned pursuant to the provisions of this
5 section, any judge or justice shall have the powers, duties and juris-
6 diction of a judge or justice of the court to which assigned. After the
7 expiration of any temporary assignment, as provided in this section, the
8 judge or justice assigned shall have all the powers, duties and juris-
9 diction of a judge or justice of the court to which he or she was
10 assigned with respect to matters pending before him or her during the
11 term of such temporary assignment.
12 § 17. Resolved (if the Senate concur), That subdivision a of section
13 22 of article 6 of the constitution, such section as renumbered by
14 section ten of this resolution, be amended to read as follows:
15 a. The legislature shall provide for the allocation of the cost of
16 operating and maintaining the court of appeals, the appellate division
17 of the supreme court in each judicial department[,] and the supreme
18 court, [the court of claims, the county court, the surrogate's court,
19 the family court, the courts for the city of New York established pursu-
20 ant to section fifteen of this article and the district court,] among
21 the state, the counties, the city of New York and other political subdi-
22 visions.
23 § 18. Resolved (if the Senate concur), That article 6 of the constitu-
24 tion be amended by adding two new sections 27 and 28 to read as follows:
25 § 27. a. The county court, the family court and the surrogate's court
26 shall be abolished April first, two thousand twelve. The court of claims
27 shall be abolished January first, two thousand thirteen. The city-wide
28 courts of civil and criminal jurisdiction for the city of New York and
29 the district court shall be abolished January first, two thousand
30 twelve. The provisions of this article in effect on the day preceding
31 the effective date of this section and applicable to any of the courts
32 abolished hereby or to the judges thereof, including the provisions of
33 former section twenty-six, shall continue in effect until the abolition
34 of the court as provided for in this section. Upon the abolition of the
35 court of claims, its seals, records, papers and documents shall be
36 deposited in the office of the clerk of the appellate department in
37 which the court is located. Upon the abolition of the other courts
38 specified in this section, their seals, records, papers and documents
39 shall, unless otherwise provided by law, be deposited in the office of
40 the clerks of the supreme court of the several counties in which these
41 courts now exist.
42 b. The judges of the court of claims, the county court, the family
43 court, the surrogate's court and the city-wide courts of civil and crim-
44 inal jurisdiction for the city of New York and the district court in
45 office on the date of abolition of their respective courts shall, for
46 the remainder of the terms for which they were elected or appointed, be
47 justices of the supreme court in and for the county in which they
48 resided on that date. Such judges of the court of claims and their
49 successors in office shall be known as statewide justices of the supreme
50 court. The number of justices of the supreme court shall also include
51 the judges of the courts abolished by this section authorized by law on
52 the effective date hereof, provided however, that such number shall not
53 include any judge to be elected from a district not established by law
54 prior to December thirty-first, nineteen hundred ninety-two. The sala-
55 ries of such justices shall be the same as the salaries of the other
56 justices of the supreme court and shall be paid in the same manner.
A. 1842 14
1 c. All actions and proceedings pending in a court abolished by this
2 section on the date of abolition of such court shall be transferred to
3 the supreme court in the county in which the action or proceeding was
4 pending, or otherwise, as may be provided by law.
5 d. In the event that a judgment or order was entered before the date
6 this section became part of this article in the manner provided by
7 section twenty-eight of this article and a right of appeal existed and
8 notice of appeal therefrom is filed after this section became part of
9 this article in the manner provided by section twenty-eight of this
10 article, such appeal shall be taken from the supreme court, the court of
11 claims, the county court, the surrogate's court, the family court, the
12 city-wide courts of civil and criminal jurisdiction for the city of New
13 York and the district court to the appellate division of the supreme
14 court in the judicial department in which such court was located;
15 provided however, that any such appellate division of the supreme court
16 may transfer any such appeal to an appellate term, if such appellate
17 term be established. Further appeal from a decision of an appellate term
18 or the appellate division of the supreme court shall be as provided by
19 law, consistent with this article.
20 e. In the event that an appeal was decided before the date this
21 section became part of this article as provided by section twenty-eight
22 of this article and a further appeal could be taken as of right and
23 notice of appeal therefrom is filed after the date this section became
24 part of this article as provided by section twenty-eight of this arti-
25 cle, such appeal may be taken from the appellate division of the supreme
26 court to the court of appeals and from any other court to the appellate
27 division of the supreme court. Further appeal from a decision of the
28 appellate division of the supreme court shall be governed by the
29 provisions of this article. If a further appeal could not be taken as
30 of right, such appeal shall be governed by the provisions of this arti-
31 cle.
32 f. As may be provided by law, the nonjudicial personnel of the courts
33 abolished by this section in office on the date of abolition shall, to
34 the extent practicable, be continued without decrease in salaries and
35 with the same status and rights in the courts established or continued
36 by this article; and especially skilled, experienced and trained person-
37 nel shall, to the extent practicable, be assigned to like functions in
38 the supreme court. If the abolition of such courts shall require or
39 make possible a reduction in the number of nonjudicial personnel, or in
40 the number of certain categories of such personnel, such reduction shall
41 be made, to the extent practicable, by provision that the death, resig-
42 nation, removal or retirement of an employee shall not create a vacancy
43 until the reduced number of personnel has been reached.
44 § 28. Notwithstanding the provisions of section one of article nine-
45 teen of this constitution, the amendments to subdivision a of section
46 four, subdivisions a and b of section six, and the repeal of sections
47 ten-a, eleven-a, twelve-a, thirteen-a, fourteen-a, twenty-one-a, thir-
48 ty-four, thirty-five, thirty-six, thirty-six-a, thirty-six-c and thir-
49 ty-seven of this article, as first proposed by a concurrent resolution
50 passed by the legislature in the year two thousand nine, entitled
51 "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments
52 to article 6 of the constitution, in relation to the composition of
53 judicial departments and the abolishment of the court of claims, the
54 county court, the family courts, the surrogate's court, the city-wide
55 courts of civil and criminal jurisdiction for the city of New York and
56 the district court, merging the jurisdiction of such courts with that of
A. 1842 15
1 the supreme court, providing for the manner of selecting justices of the
2 supreme court and designating the justices of the appellate divisions,
3 and the repeal of subdivision a of section 4 and sections 9-a, 10-a,
4 11-a, 12-a, 13-a, 14-a, 15-a, 16-a, 21-a, 34, 35, 36, 36-a, 36-c and 37
5 of article 6 thereof relating thereto" shall take effect on April first,
6 two thousand thirteen; the repeal of section nine-a of this article, as
7 proposed in such concurrent resolution, shall take effect on January
8 first, two thousand fourteen; and the repeal of sections fifteen-a and
9 sixteen-a of this article, as proposed in such concurrent resolution,
10 shall take effect on January first, two thousand fifteen.
11 § 19. Resolved (if the Senate concur), That the foregoing amendments
12 be referred to the first regular legislative session convening after the
13 next succeeding general election of members of the assembly, and, in
14 conformity with section 1 of article 19 of the constitution, be
15 published for 3 months previous to the time of such election.
