Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.
STATE OF NEW YORK
________________________________________________________________________
714
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. RHOADS, BORRELLO, PALUMBO -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
AN ACT to amend the judiciary law, in relation to recusal by a court of
appeals judge
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 9 of the judiciary law, as added by chapter 376 of
2 the laws of 2020, is amended to read as follows:
3 § 9. Recusal; reason. 1. Any judge, other than a court of appeals
4 judge, who recuses [himself or herself] themselves from sitting in or
5 taking any part in the decision of an action, claim, matter, motion or
6 proceeding shall provide the reason for such recusal in writing or on
7 the record; provided, however, that no such judge shall be required to
8 provide a reason for such recusal when the reason may result in embar-
9 rassment, or is of a personal nature, affecting the judge or a person
10 related to the judge within the sixth degree by consanguinity or affin-
11 ity.
12 2. When any court of appeals judge recuses themselves from sitting in
13 or taking any part in the decision, action, claim, matter, motion or
14 proceeding, a replacement shall be chosen on a rotating basis, based on
15 seniority, of the next available appellate division judge.
16 § 2. This act shall take effect on the thirtieth day after it shall
17 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02644-01-5
