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.
STATE OF NEW YORK
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886--A
2013-2014 Regular Sessions
IN SENATE(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 § 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 § 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.
