A09401 Summary:

BILL NOA09401
 
SAME ASNo Same As
 
SPONSORLavine
 
COSPNSRGottfried
 
MLTSPNSR
 
Rpld Art 6 §§9 - 14, 16, 34 - 36-a, 36-c & 37, §22 sub j, ren Art 6 §§15 & 17 - 33 to be §§9, 11 - 26 & 28, amd Constn, generally
 
Relates to consolidation of the unified court system.
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A09401 Actions:

BILL NOA09401
 
03/01/2022referred to judiciary
03/07/2022to attorney-general for opinion
04/04/2022opinion referred to judiciary
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A09401 Committee Votes:

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A09401 Floor Votes:

There are no votes for this bill in this legislative session.
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A09401 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9401
 
                   IN ASSEMBLY
 
                                      March 1, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing  amendments  to  article 6 of the constitution, in relation to
          consolidation of the unified court system, and to repeal  sections  9,
          10,  11,  12, 13, 14, 16, 34, 35, 36, 36-a, 36-c, 37 and subdivision j
          of section 22 of article 6 of the constitution relating 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 and the appellate  terms
     6  thereof[,  the  court of claims, the county court, the surrogate's court
     7  and the family court,] as hereinafter provided. [The  legislature  shall
     8  establish  in and for the city of New York, as part of the unified court
     9  system for the state, a single, city-wide court  of  civil  jurisdiction
    10  and  a  single, city-wide court of criminal jurisdiction, as hereinafter
    11  provided, and may upon the request of the mayor and the  local  legisla-
    12  tive  body  of the city of New York, merge the two courts into one city-
    13  wide court of both civil and criminal jurisdiction.] The  unified  court
    14  system  for the state shall also include the [district] municipal, town,
    15  [city] and village courts [outside the city of New York,] as hereinafter
    16  provided.
    17    b. The court of appeals, the supreme  court  including  the  appellate
    18  divisions  and  the appellate terms thereof as hereinafter provided, the
    19  [court of claims, the county court, the surrogate's  court,  the  family
    20  court,  the  courts  or  court of civil and criminal jurisdiction of the
    21  city of New York] municipal courts, and such other courts as the  legis-
    22  lature may determine shall be courts of record.
    23    c.  All  processes,  warrants,  and  other  mandates  of  the court of
    24  appeals[,] and the supreme court including the appellate  divisions  and
    25  the appellate terms thereof[, the court of claims, the county court, the
    26  surrogate's  court  and the family court] as hereinafter provided may be
    27  served and executed in any part of the state. All  processes,  warrants,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89167-02-2

        A. 9401                             2
 
     1  and other mandates of the municipal courts [or court of civil and crimi-
     2  nal  jurisdiction  of the city of New York] may, subject to such limita-
     3  tion as may  be  prescribed  by  the  legislature  provided  it  applies
     4  uniformly to all municipal courts, be served and executed in any part of
     5  the  state.  The  legislature  may provide that processes, warrants, and
     6  other mandates of [the district court may be served and executed in  any
     7  part  of  the  state and that processes, warrants and other mandates of]
     8  town[,] and village [and city] courts [outside the city of New York] may
     9  be served and executed in any part of the county in  which  such  courts
    10  are located or in any part of any adjoining county.
    11    §  2. Resolved (if the Senate concur), That subdivisions a, b, d and f
    12  of section 2 of article 6 of the constitution  be  amended  to  read  as
    13  follows:
    14    a.  The  court  of  appeals  is continued. It shall consist of [the] a
    15  chief judge and [the] six [elected] associate judges [now in office, who
    16  shall hold their offices until the expiration of their respective terms,
    17  and their successors], and such justices of the supreme court as may  be
    18  designated for service in said court as hereinafter provided. The [offi-
    19  cial]  terms  of  the  chief judge and the six associate judges shall be
    20  fourteen years.
    21    Five members of the court shall constitute a quorum, and  the  concur-
    22  rence  of  four shall be necessary to a decision; but no more than seven
    23  judges shall sit in any case.  In  case  of  the  temporary  absence  or
    24  inability  to  act  of  any judge of the court of appeals, the court may
    25  designate any justice of the supreme court to serve as  associate  judge
    26  of  the  court  during such absence or inability to act. The court shall
    27  have power to appoint and to remove its clerk. The powers and  jurisdic-
    28  tion  of  the  court shall not be suspended for want of appointment when
    29  the number of judges is sufficient to constitute a quorum.
    30    b. Whenever and as often as the court of appeals shall certify to  the
    31  governor  that  the  court  is  unable, by reason of the accumulation of
    32  causes pending therein, to hear and dispose of the same with  reasonable
    33  speed,  the  governor  shall  designate  such  number of justices of the
    34  supreme court as may be so certified to be necessary, but not more  than
    35  four, to serve as associate judges of the court of appeals. The justices
    36  so  designated shall be relieved, while so serving, from their duties as
    37  justices of the supreme court, and shall serve as  associate  judges  of
    38  the court of appeals until the court shall certify that the need for the
    39  services  of  any  such  justices no longer exists, whereupon they shall
    40  return to the supreme court. The governor may fill vacancies among  such
    41  designated  judges.  No  such justices shall serve as associate judge of
    42  the court of appeals except while holding the office of justice  of  the
    43  supreme  court.  The designation of a justice of the supreme court as an
    44  associate judge of the court of appeals shall not be  deemed  to  affect
    45  [his  or  her]  such justice's existing office any longer than until the
    46  expiration of [his or her] such justice's designation as such  associate
    47  judge, nor to create a vacancy.
    48    d.  (1)  The commission on judicial nomination shall consist of twelve
    49  members of whom four shall be appointed by the  governor,  four  by  the
    50  chief  judge of the court of appeals, and one each by the speaker of the
    51  assembly, the temporary president of the senate, the minority leader  of
    52  the senate, and the minority leader of the assembly. Of the four members
    53  appointed  by  the  governor,  no more than two shall be enrolled in the
    54  same political party, two shall be members of the bar of the state,  and
    55  two  shall  not  be members of the bar of the state. Of the four members
    56  appointed by the chief judge of the court of appeals, no more  than  two

        A. 9401                             3

     1  shall  be  enrolled in the same political party, two shall be members of
     2  the bar of the state, and two shall not be members of  the  bar  of  the
     3  state.  No member of the commission shall hold or have held any judicial
     4  office  or  hold  any  elected  public office for which [he or she] such
     5  member receives compensation during [his or her] such member's period of
     6  service, except that the governor and the chief judge may  each  appoint
     7  no  more than one former judge or justice of the unified court system to
     8  such commission. No member of the commission shall hold  any  office  in
     9  any  political  party.   No member of the judicial nominating commission
    10  shall be eligible for appointment to judicial office in any court of the
    11  state during the member's period of service or within one year thereaft-
    12  er.
    13    (2) The members [first appointed by the governor  shall  have  respec-
    14  tively  one, two, three and four year terms as the governor shall desig-
    15  nate. The members first appointed by the chief judge  of  the  court  of
    16  appeals  shall  have respectively one, two, three and four year terms as
    17  the chief judge shall designate.  The  member  first  appointed  by  the
    18  temporary president of the senate shall have a one-year term. The member
    19  first  appointed  by the minority leader of the senate shall have a two-
    20  year term. The member first appointed by the  speaker  of  the  assembly
    21  shall  have a four-year term. The member first appointed by the minority
    22  leader of the assembly shall have a  three-year  term.  Each  subsequent
    23  appointment  shall  be] of the commission shall each serve for a term of
    24  four years.
    25    (3) The commission shall designate one of their  number  to  serve  as
    26  chairperson.
    27    (4) The commission shall consider the qualifications of candidates for
    28  appointment  to  the  offices  of  judge and chief judge of the court of
    29  appeals and, whenever a vacancy in those offices occurs, shall prepare a
    30  written report and recommend to the governor persons who are well quali-
    31  fied for those judicial offices.
    32    f. When a vacancy occurs in the office of  chief  judge  or  associate
    33  judge  of  the court of appeals and the senate is not in session to give
    34  its advice and consent to an appointment to fill the vacancy, the gover-
    35  nor shall fill the vacancy by interim appointment upon  the  recommenda-
    36  tion of a commission on judicial nomination as provided in this section.
    37  An  interim  appointment shall continue until the senate shall pass upon
    38  the governor's selection. If the senate  confirms  an  appointment,  the
    39  judge  shall  serve  a term as provided in subdivision a of this section
    40  commencing from the date of [his or her] such judge's  interim  appoint-
    41  ment.  If  the  senate  rejects  an appointment, a vacancy in the office
    42  shall occur sixty days after such rejection. If an  interim  appointment
    43  to  the  court of appeals be made from among the justices of the supreme
    44  court or the appellate divisions thereof,  that  appointment  shall  not
    45  affect  the  justice's  existing  office,  nor  create  a vacancy in the
    46  supreme court, or the appellate division thereof, unless  such  appoint-
    47  ment  is  confirmed  by  the  senate and the appointee shall assume such
    48  office. If an interim appointment of chief judge of the court of appeals
    49  be made from among the associate judges, an interim appointment of asso-
    50  ciate judge shall be made in like manner; in such case, the  appointment
    51  as  chief judge shall not affect the existing office of associate judge,
    52  unless such appointment as chief judge is confirmed by  the  senate  and
    53  the appointee shall assume such office.
    54    § 3. Resolved (if the Senate concur), That subdivisions a, c, d, h and
    55  j  of  section  4 of article 6 of the constitution be amended to read as
    56  follows:

        A. 9401                             4
 
     1    a. (1) The state shall be divided into four judicial departments.  The
     2  first  department  shall  consist  of  the counties within the first and
     3  twelfth judicial [district] districts of the state. The  second  depart-
     4  ment  shall  consist  of  the  counties  within the second, ninth, tenth
     5  [and],  eleventh,  and  thirteenth  judicial districts of the state. The
     6  third department shall consist of the counties within the third, fourth,
     7  and sixth judicial districts of the state. The fourth  department  shall
     8  consist  of  the counties within the fifth, seventh, and eighth judicial
     9  districts of the state. [Each department shall be bounded by  the  lines
    10  of judicial districts.]
    11    (2) Once every ten years, the legislature may increase or decrease the
    12  number  of judicial departments, or alter the boundaries of the judicial
    13  departments[, but without  changing  the  number  thereof].    Upon  any
    14  adjustment  hereunder,  each department shall be bounded by the lines of
    15  judicial districts, and the justices of each appellate division affected
    16  by such adjustment may be re-apportioned, and appeals in  their  respec-
    17  tive  courts  transferred, as provided by subdivision g of section twen-
    18  ty-seven of this article.
    19    c. The governor shall designate the presiding justice of  each  appel-
    20  late  division, who shall act as such during [his or her] such justice's
    21  term of office and shall be a resident  of  the  department.  The  other
    22  justices of the appellate divisions shall be designated by the governor,
    23  from all the justices [elected to] of the supreme court other than those
    24  appointed to fill a vacancy pursuant to subdivision a of section fifteen
    25  of  this  article,  for terms of five years or the unexpired portions of
    26  their respective terms of office, if less than five years.
    27    d. The [justices heretofore designated shall continue to  sit  in  the
    28  appellate  divisions  until  the  terms of their respective designations
    29  shall expire. From time to time as the terms of the designations expire,
    30  or vacancies occur, the  governor  shall  make  new  designations.  The]
    31  governor  may also, on request of any appellate division, make temporary
    32  designations in case of the absence or inability to act of  any  justice
    33  in  such  appellate  division,  for  service only during such absence or
    34  inability to act.
    35    h. A justice of the appellate division of the  supreme  court  in  any
    36  department  may  be  temporarily  designated by the presiding justice of
    37  [his or her] such department to the appellate division in another  judi-
    38  cial  department  upon agreement by the presiding justices of the appel-
    39  late division of the departments concerned.
    40    j. No justice of the appellate division shall, within  the  department
    41  to  which  [he  or  she]  such  justice may be designated to perform the
    42  duties of an appellate justice, exercise any of the powers of a  justice
    43  of  the  supreme  court, other than those of a justice out of court, and
    44  those pertaining to the appellate division, except that the justice  may
    45  decide  causes  or proceedings theretofore submitted, or hear and decide
    46  motions submitted by consent of counsel, but any such justice, when  not
    47  actually  engaged  in performing the duties of such appellate justice in
    48  the department to which [he or she] such justice is designated, may hold
    49  any term of the supreme court and  exercise  any  of  the  powers  of  a
    50  justice  of  the  supreme  court  in  any judicial district in any other
    51  department of the state.
    52    § 4. Resolved (if the Senate concur), That subdivisions a, b, c and  d
    53  of  section  6  of  article  6 of the constitution be amended to read as
    54  follows:
    55    a.  The  state  shall  be  divided  into  [eleven]  thirteen  judicial
    56  districts.  The  first judicial district shall consist of the [counties]

        A. 9401                             5
 
     1  county of [Bronx and] New  York.  The  second  judicial  district  shall
     2  consist  of  the  [counties]  county  of Kings [and Richmond]. The third
     3  judicial district shall consist of the  counties  of  Albany,  Columbia,
     4  Greene, Rensselaer, Schoharie, Sullivan, and Ulster. The fourth judicial
     5  district  shall  consist  of  the  counties of Clinton, Essex, Franklin,
     6  Fulton,  Hamilton,  Montgomery,  St.  Lawrence,  Saratoga,  Schenectady,
     7  Warren  and Washington. The fifth judicial district shall consist of the
     8  counties of Herkimer, Jefferson, Lewis, Oneida,  Onondaga,  and  Oswego.
     9  The  sixth  judicial  district  shall consist of the counties of Broome,
    10  Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler,  Tioga
    11  and  Tompkins.  The seventh judicial district shall consist of the coun-
    12  ties of Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne  and
    13  Yates.  The  eighth  judicial  district shall consist of the counties of
    14  Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara,  Orleans  and
    15  Wyoming.  The  ninth  judicial district shall consist of the counties of
    16  Dutchess, Orange, Putnam, Rockland and Westchester. The  tenth  judicial
    17  district  shall consist of the counties of Nassau and Suffolk. The elev-
    18  enth judicial district shall  consist  of  the  county  of  Queens.  The
    19  twelfth  judicial  district  shall  consist of the county of Bronx.  The
    20  thirteenth judicial district shall consist of the county of Richmond.
    21    b. Once every ten years the legislature may increase or  decrease  the
    22  number  of  judicial  districts  or  alter  the  composition of judicial
    23  districts and thereupon re-apportion  the  justices  [to  be  thereafter
    24  elected] of the supreme court in the judicial districts so altered. Each
    25  judicial district shall be bounded by county lines.
    26    c. [The] Except as otherwise provided in this article, the justices of
    27  the  supreme  court  shall  be  chosen  by  the electors of the judicial
    28  district in which they are to serve[. The] for terms of [justices of the
    29  supreme court shall be] fourteen years from and including the first  day
    30  of January next after their election.
    31    d.  The supreme court is continued. [It shall consist of the number of
    32  justices of the supreme court including the justices designated  to  the
    33  appellate  divisions of the supreme court, judges of the county court of
    34  the counties of Bronx, Kings, Queens and  Richmond  and  judges  of  the
    35  court of general sessions of the county of New York authorized by law on
    36  the  thirty-first day of August next after the approval and ratification
    37  of this amendment by the people, all of whom shall be  justices  of  the
    38  supreme  court  for  the  remainder  of their terms. The legislature may
    39  increase the] In each judicial district, it shall consist of such number
    40  of justices [of the supreme court in any judicial district]  as  may  be
    41  authorized  by law, except that [the number in any district shall not be
    42  increased to exceed one justice for fifty  thousand,  or  fraction  over
    43  thirty  thousand, of the population thereof as shown by the last federal
    44  census or state enumeration. The legislature may decrease the number  of
    45  justices of the supreme court in any judicial district, except that]:
    46    (1)  the  number  in  any judicial district shall not be less than the
    47  number of justices of the supreme court authorized by law in such  judi-
    48  cial  district  on [the effective date of this article] December thirty-
    49  first, two thousand twenty-four; and
    50    (2) there shall be at least one justice of the supreme court  in  each
    51  county outside the city of New York chosen by the electors thereof.
    52    §  5.  Resolved (if the Senate concur), That section 7 of article 6 of
    53  the constitution be amended to read as follows:
    54    § 7. a. The supreme court and any division thereof shall have  general
    55  original  jurisdiction  in law and equity, including the jurisdiction of
    56  the former court of claims following its abolition pursuant  to  section

        A. 9401                             6
 
     1  twenty-seven  of  this  article  subject,  however, to such power as the
     2  legislature had to confer jurisdiction upon the court of claims,  or  to
     3  withdraw  jurisdiction  therefrom, on the day immediately preceding such
     4  abolition; the appellate jurisdiction of the former county court follow-
     5  ing its abolition pursuant to such section twenty-seven, except that the
     6  legislature  may provide, in accordance with section eight of this arti-
     7  cle, that one or more appellate terms shall exercise any or all of  such
     8  appellate  jurisdiction;  and [the] such other appellate jurisdiction as
     9  herein provided. [In the city of New York, it] Except as the legislature
    10  may otherwise provide pursuant to paragraph four  of  subdivision  a  of
    11  section  ten  of  this  article,  the supreme court shall have exclusive
    12  jurisdiction over crimes prosecuted by indictment[,  provided,  however,
    13  that the legislature may grant to the city-wide court of criminal juris-
    14  diction  of  the  city of New York jurisdiction over misdemeanors prose-
    15  cuted by indictment and to the family court in  the  city  of  New  York
    16  jurisdiction  over  crimes  and offenses by or against minors or between
    17  spouses or between parent and child or between members of the same fami-
    18  ly or household].
    19    b. If  the  legislature  shall  create  new  classes  of  actions  and
    20  proceedings, the supreme court shall have jurisdiction over such classes
    21  of actions and proceedings, but the legislature may provide that another
    22  court  or other courts shall also have jurisdiction and that actions and
    23  proceedings of such classes may be originated in  such  other  court  or
    24  courts.
    25    c.  Except  as  the  chief  administrator  of the courts may otherwise
    26  provide, the supreme court shall have the following divisions  effective
    27  January  first, two thousand twenty-eight or such other date as shall be
    28  provided herein:
    29    (1) a family division, for actions and proceedings for  marital  sepa-
    30  ration,  divorce, annulment of marriage and dissolution of marriage, and
    31  actions and proceedings within the jurisdiction  of  the  former  family
    32  court on December thirty-first, two thousand twenty-seven;
    33    (2)  a probate division, for actions and proceedings within the juris-
    34  diction of the former surrogate's court on  December  thirty-first,  two
    35  thousand twenty-seven;
    36    (3) a criminal division, for crimes and other violations of law;
    37    (4)  effective October first, two thousand twenty-five, a state claims
    38  division, for actions and proceedings within  the  jurisdiction  of  the
    39  former court of claims on September thirtieth, two thousand twenty-five;
    40    (5) a commercial division, for civil actions and proceedings as may be
    41  provided by law or prescribed by the chief administrator; and
    42    (6)  a  general division, for all other actions and proceedings in the
    43  supreme court.
    44    To the extent practicable, justices assigned  to  any  such  divisions
    45  shall be experienced in the business coming before them.
    46    Notwithstanding  any  provision of this subdivision, each of the divi-
    47  sions specified herein may exercise all of the supreme court's jurisdic-
    48  tion under this section.
    49    § 6. Resolved (if the Senate concur), That subdivisions  d  and  e  of
    50  section  8  of  article  6  of  the  constitution  be amended to read as
    51  follows:
    52    d. If so directed by the appellate division of the  supreme  court  in
    53  the  first or second judicial department establishing an appellate term,
    54  [an] such appellate term shall have jurisdiction to hear  and  determine
    55  appeals  [now  or hereafter authorized by law to be taken to the supreme
    56  court or to the appellate division other than appeals from  the  supreme

        A. 9401                             7

     1  court,  a  surrogate's  court,  the  family court or appeals in criminal
     2  cases prosecuted by indictment or by information as provided in  section
     3  six  of  article  one]  from the municipal court in the city of New York
     4  sitting in such judicial department.
     5    e.  As  may be provided by law, an appellate term shall have jurisdic-
     6  tion to hear and determine appeals from [the district] a municipal court
     7  outside the city of New York or from a  town[,]  or  village  [or  city]
     8  court [outside the city of New York].
     9    § 7. Resolved (if the Senate concur), That sections 9, 10, 11, 12, 13,
    10  14,  16,  34,  35, 36, 36-a, 36-c, 37 and subdivision j of section 22 of
    11  article 6 of the constitution be REPEALED.
    12    § 8. Resolved (if the Senate concur), That sections 15,  17,  18,  19,
    13  20,  21,  22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of article 6
    14  of the constitution be renumbered sections 9, 11, 12, 13,  14,  15,  16,
    15  17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 28.
    16    §  9.  Resolved (if the Senate concur), That section 9 of article 6 of
    17  the constitution, as renumbered by section eight of this resolution,  be
    18  amended to read as follows:
    19    §  9.  [a.]  The [legislature shall by law establish a single court of
    20  city-wide civil jurisdiction and a single court  of  city-wide  criminal
    21  jurisdiction  in  and  for the city of New York and the legislature may,
    22  upon the request of the mayor and the local legislative body of the city
    23  of New York, merge the two courts into one city-wide court of both civil
    24  and criminal jurisdiction. The said city-wide  courts]  municipal  court
    25  system is hereby established effective January first, two thousand thir-
    26  ty. Under such system:
    27    a.  There shall be a municipal court in the city of New York. It shall
    28  consist of such number of judges as may be [provided] authorized by law.
    29  The judges of the municipal court [of city-wide civil  jurisdiction]  in
    30  the  city  of  New  York  shall be residents of such city and, except as
    31  otherwise provided in this article, shall be [chosen]  selected  in  the
    32  manner  provided  by  law for terms of ten years [by the electors of the
    33  counties included within the city of New York from districts within such
    34  counties established by law. The judges of the court of city-wide crimi-
    35  nal jurisdiction shall be residents of such city and shall be  appointed
    36  for terms of ten years by the mayor of the city of New York.
    37    b.  The  court of city-wide civil jurisdiction of the city of New York
    38  shall have jurisdiction  over  the  following  classes  of  actions  and
    39  proceedings  which  shall  be  originated  in  such  court in the manner
    40  provided by law: actions and proceedings  for  the  recovery  of  money,
    41  actions  and  proceedings  for  the recovery of chattels and actions and
    42  proceedings for the foreclosure of mechanics liens and liens on personal
    43  property where the amount sought to be recovered or  the  value  of  the
    44  property  does  not  exceed  twenty-five  thousand  dollars exclusive of
    45  interest and costs, or such smaller amount as may be fixed by law;  over
    46  summary proceedings to recover possession of real property and to remove
    47  tenants therefrom and over such other actions and proceedings, not with-
    48  in  the  exclusive jurisdiction of the supreme court, as may be provided
    49  by law. The court of city-wide civil jurisdiction shall further exercise
    50  such equity jurisdiction as may be provided by law and its  jurisdiction
    51  to  enter  judgment  upon  a counterclaim for the recovery of money only
    52  shall be unlimited.
    53    c. The court of city-wide criminal jurisdiction of  the  city  of  New
    54  York  shall  have  jurisdiction over crimes and other violations of law,
    55  other than those prosecuted by indictment, provided, however,  that  the
    56  legislature may grant to said court jurisdiction over misdemeanors pros-

        A. 9401                             8

     1  ecuted  by  indictment; and over such other actions and proceedings, not
     2  within the exclusive jurisdiction  of  the  supreme  court,  as  may  be
     3  provided by law.
     4    d.  The provisions of this section shall in no way limit or impair the
     5  jurisdiction of the supreme court as set forth in section seven of  this
     6  article].  Where  a  term of office prescribed hereunder is elective, it
     7  shall be from  and  including  the  first  day  of  January  next  after
     8  election.
     9    b.    There  shall be municipal courts outside the city of New York as
    10  follows:
    11    (1) A municipal court shall be established in each of  the  following:
    12  (i)  the area of Nassau county, (ii) the area of Suffolk county in which
    13  a district court was established on December thirty-first, two  thousand
    14  twenty-nine, and (iii) the area of any county or portion thereof outside
    15  the  city  of  New  York  where such a court shall be established by the
    16  legislature pursuant to the procedures of former section sixteen of this
    17  article of the constitution in force on December thirty-first, two thou-
    18  sand twenty-one for the establishment of a district court.
    19    (2) Unless the legislature shall otherwise provide, a municipal  court
    20  shall  be  established for the area of each city outside the city of New
    21  York.
    22    The judges of a municipal court outside the city of New York shall  be
    23  residents of the county or portion thereof for which such court has been
    24  established  and  shall  be  chosen  by  the  electors of such county or
    25  portion thereof for terms of six years; except that judges of a  munici-
    26  pal  court  established  pursuant  to  paragraph two of this subdivision
    27  shall be residents of the city  for  which  such  court  is  established
    28  unless otherwise provided by law, and shall be chosen in such manner and
    29  for  such  terms  as  shall be provided by law.   Where a term of office
    30  prescribed hereunder is elective, it shall be  from  and  including  the
    31  first day of January next after election.
    32    c.   The legislature may create districts of a municipal court outside
    33  the city of New York established pursuant to paragraph one  of  subdivi-
    34  sion b of this section, which shall consist of an entire county or of an
    35  area  less  than  a  county;  and may discontinue any district of such a
    36  municipal court.  The judges of a municipal court  for  which  districts
    37  have been created hereunder shall be apportioned among such districts as
    38  may  be  provided  by  law and, to the extent practicable, in accordance
    39  with the population and the volume of judicial business.
    40    d.  Each municipal court outside the city of New York shall consist of
    41  such number of judges as may be authorized by law, provided there  shall
    42  be  at  least one judge for each municipal court and, for each municipal
    43  court in which districts have been created hereunder, at least one judge
    44  for each of such districts.
    45    § 10. Resolved (if the Senate concur), That article 6 of the constitu-
    46  tion be amended by adding a new section 10 to read as follows:
    47    § 10. a. Once established pursuant to section nine  of  this  article,
    48  the  municipal  courts shall enjoy uniform jurisdiction statewide.  Such
    49  jurisdiction  shall  include  the  following  classes  of  actions   and
    50  proceedings,  which  shall  be  originated  in such courts in the manner
    51  provided by law:
    52    (1) actions and proceedings for the recovery  of  money,  actions  and
    53  proceedings  for  the  recovery of chattels, and actions and proceedings
    54  for the foreclosure of mechanics liens and liens  on  personal  property
    55  where  the  amount  sought  to be recovered or the value of the property
    56  does not exceed fifty thousand dollars exclusive of interest and  costs,

        A. 9401                             9
 
     1  or  such  greater amount as may be fixed by law; provided, however, that
     2  the jurisdiction of the municipal court to enter judgment upon  a  coun-
     3  terclaim for the recovery of money only shall be unlimited;
     4    (2)  actions  and proceedings in law and equity involving the enforce-
     5  ment of state and local laws for the establishment  and  maintenance  of
     6  housing  standards,  summary  proceedings  to recover possession of real
     7  property and to remove tenants therefrom, and  such  other  actions  and
     8  proceedings, not within the exclusive jurisdiction of the supreme court,
     9  as may be provided by law;
    10    (3) such equity jurisdiction as may be provided by law;
    11    (4)  jurisdiction  over  crimes and other violations of law other than
    12  those prosecuted by indictment; provided, however, that the  legislature
    13  may  grant to the municipal courts jurisdiction over misdemeanors prose-
    14  cuted  by  indictment  and  over  such  other   criminal   actions   and
    15  proceedings, not within the exclusive jurisdiction of the supreme court,
    16  as may be provided by law; and
    17    (5) any other jurisdiction exercised by the former city-wide courts of
    18  civil  and  criminal  jurisdiction  for the city of New York on December
    19  thirty-first, two thousand twenty-nine  not  otherwise  provided  herein
    20  and, where it is provided by law after such date, such further jurisdic-
    21  tion  as  those courts might have exercised on such date had such juris-
    22  diction then been provided by law.
    23    b. The municipal court in the city of New York and such other  munici-
    24  pal courts outside such city as the legislature may provide shall have a
    25  housing division, for actions and proceedings specified in paragraph two
    26  of  subdivision  a  of  this  section, and such further divisions as the
    27  chief administrator of the courts may provide.
    28    c. The provisions of this section shall in no way limit or impair  the
    29  jurisdiction  of the supreme court as set forth in section seven of this
    30  article.
    31    § 11. Resolved (if the Senate concur), That section 11 of article 6 of
    32  the constitution, as renumbered by section eight of this resolution,  be
    33  amended to read as follows:
    34    § 11. a. Courts for towns[,] and villages [and cities outside the city
    35  of New York] are continued and shall have the jurisdiction prescribed by
    36  the  legislature but not in any respect greater than the jurisdiction of
    37  [the district] a municipal court as provided in section [sixteen] ten of
    38  this article.
    39    b. The legislature may regulate such courts[, establish uniform juris-
    40  diction, practice and procedure for city courts outside the city of  New
    41  York]  and may discontinue any village [or city] court [outside the city
    42  of New York existing on the effective date of this article]. The  legis-
    43  lature may discontinue any town court [existing on the effective date of
    44  this  article]  only  with the approval of a majority of the total votes
    45  cast at a general election on the question of a proposed  discontinuance
    46  of the court in each such town affected thereby.
    47    c.  [The  legislature  may  abolish  the legislative functions on town
    48  boards of justices of the peace and  provide  that  town  councilmen  be
    49  elected in their stead.
    50    d.]  The  number  of [the judges] justices of each of such town[,] and
    51  village [and city] courts and the  classification  and  duties  of  [the
    52  judges] such justices shall be prescribed by the legislature. The terms,
    53  method  of  selection  and  method of filling vacancies for the [judges]
    54  justices of such courts  shall  be  prescribed  by  the  legislature[,];
    55  provided,  however,  that the justices of town courts shall be chosen by

        A. 9401                            10
 
     1  the electors of the town for terms of four years from and including  the
     2  first day of January next after their election.
     3    § 12. Resolved (if the Senate concur), That section 13 of article 6 of
     4  the  constitution, as renumbered by section eight of this resolution, be
     5  amended to read as follows:
     6    § 13. a. The supreme court may  transfer  any  action  or  proceeding,
     7  except  one  over  which it shall have exclusive jurisdiction which does
     8  not depend upon the monetary amount sought, to any  other  court  having
     9  jurisdiction  of  the  subject  matter  within  the  judicial department
    10  provided that such other court has  jurisdiction  over  the  classes  of
    11  persons  named  as parties. As may be provided by law, the supreme court
    12  may transfer to itself any action or proceeding originated or pending in
    13  another court within the judicial department [other than  the  court  of
    14  claims]  upon  a  finding that such a transfer will promote the adminis-
    15  tration of justice.
    16    b. The [county court shall transfer to the  supreme  court  or  surro-
    17  gate's court or family court any action or proceeding which has not been
    18  transferred  to it from the supreme court or surrogate's court or family
    19  court and over which the county court has no  jurisdiction.  The  county
    20  court may transfer any action or proceeding, except a criminal action or
    21  proceeding  involving  a felony prosecuted by indictment or an action or
    22  proceeding required by this article to be dealt with in the  surrogate's
    23  court  or  family  court,  to  any  court, other than the supreme court,
    24  having jurisdiction of the subject matter  within  the  county  provided
    25  that such other court has jurisdiction over the classes of persons named
    26  as parties.
    27    c.  As  may  be provided by law, the supreme court or the county court
    28  may transfer to the county court any action or proceeding originated  or
    29  pending  in  the district court or a town, village or city court outside
    30  the city of New York upon a finding that such a  transfer  will  promote
    31  the administration of justice.
    32    d.  The  surrogate's  court shall transfer to the supreme court or the
    33  county court or the family court or the courts for the city of New  York
    34  established  pursuant  to  section fifteen of this article any action or
    35  proceeding which has not been transferred to it from any of said  courts
    36  and over which the surrogate's court has no jurisdiction.
    37    e.  The family court shall transfer to the supreme court or the surro-
    38  gate's court or the county court or the courts for the city of New  York
    39  established  pursuant  to  section fifteen of this article any action or
    40  proceeding which has not been transferred to it from any of said  courts
    41  and over which the family court has no jurisdiction.
    42    f. The courts for the city of New York established pursuant to section
    43  fifteen  of  this article] municipal court shall transfer to the supreme
    44  court [or the surrogate's court or  the  family  court]  any  action  or
    45  proceeding which has not been transferred to [them] it from [any of said
    46  courts]  the  supreme court and over which the [said courts for the city
    47  of New York have] municipal court has no jurisdiction.
    48    [g.] c. As may be provided by law, the supreme  court  shall  transfer
    49  any  action  or proceeding to any other court having jurisdiction of the
    50  subject matter in any other judicial district or  county  provided  that
    51  such  other  court has jurisdiction over the classes of persons named as
    52  parties.
    53    [h.] d. As may be provided by law, the [county] municipal court,  [the
    54  surrogate's  court,  the family court and the courts for] in the city of
    55  New York [established pursuant  to  section  fifteen  of  this  article]
    56  sitting  outside  the first judicial department, may transfer any action

        A. 9401                            11
 
     1  or proceeding, other than one which has previously been  transferred  to
     2  it,  to  any  other  court in the second judicial department, except the
     3  supreme court, having jurisdiction of the subject matter [in  any  other
     4  judicial  district  or county] provided that such other court has juris-
     5  diction over the classes of persons named as parties.
     6    [i.] e. As may be provided by law, [the district]  a  municipal  court
     7  outside  the  city  of  New York or a town[,] or village [or city] court
     8  [outside the city of New York] may transfer any  action  or  proceeding,
     9  other than one which has previously been transferred to it, to any other
    10  court, [other than] except the [county court or the surrogate's court or
    11  the  family  court  or  the]  supreme  court, having jurisdiction of the
    12  subject matter in the same or an adjoining  county  provided  that  such
    13  other  court  has  jurisdiction  over  the  classes  of persons named as
    14  parties.
    15    [j.] f. Each court shall exercise  jurisdiction  over  any  action  or
    16  proceeding transferred to it pursuant to this section.
    17    [k.]  g.  The  legislature may provide that the verdict or judgment in
    18  actions and proceedings so transferred shall not be subject to the limi-
    19  tation of monetary jurisdiction of the court to which  the  actions  and
    20  proceedings are transferred if that limitation be lower than that of the
    21  court in which the actions and proceedings were originated.
    22    § 13. Resolved (if the Senate concur), That section 14 of article 6 of
    23  the  constitution, as renumbered by section eight of this resolution, be
    24  amended to read as follows:
    25    § 14. a. No person[, other than one  who  holds  such  office  at  the
    26  effective  date  of this article,] may assume the office of judge of the
    27  court of appeals[,] or justice of the supreme court[, or  judge  of  the
    28  court  of  claims]  unless  [he or she] such person has been admitted to
    29  practice law in this state at least ten years. No  person[,  other  than
    30  one  who  holds  such office at the effective date of this article,] may
    31  assume the office of judge of  [the  county  court,  surrogate's  court,
    32  family  court,  a court for the city of New York established pursuant to
    33  section fifteen of this article, district] a municipal  court  [or  city
    34  court  outside  the city of New York] unless [he or she] such person has
    35  been admitted to practice law in this state at least five years or  such
    36  greater number of years as the legislature may determine.
    37    b.  A  judge  of  the  court of appeals, justice of the supreme court,
    38  [judge of the court of claims, judge of a county  court,  judge  of  the
    39  surrogate's  court,  judge  of the family court] or judge of a municipal
    40  court [for the city of New York established pursuant to section  fifteen
    41  of  this article who is elected or appointed after the effective date of
    42  this article may] shall not:
    43    (1) hold any other public office or trust except an office in relation
    44  to the administration of the courts, member of a constitutional  conven-
    45  tion  or member of the armed forces of the United States or of the state
    46  of New York in which latter event the legislature may enact such  legis-
    47  lation  as  it  deems  appropriate  to  provide for a temporary judge or
    48  justice to serve during the period of  the  absence  of  such  judge  or
    49  justice in the armed forces;
    50    (2)  be  eligible  to  be a candidate for any public office other than
    51  judicial office or member of a constitutional convention, unless [he  or
    52  she]  such judge or justice resigns from judicial office; in the event a
    53  judge or justice does not so resign from judicial office within ten days
    54  after [his or her acceptance of] accepting the nomination of such  other
    55  office,  [his  or  her]  such judge's or justice's judicial office shall

        A. 9401                            12
 
     1  become vacant and the vacancy shall be filled in the manner provided  in
     2  this article;
     3    (3) hold any office or assume the duties or exercise the powers of any
     4  office  of any political organization or be a member of any governing or
     5  executive agency thereof;
     6    (4) engage in the practice of law, act as an  arbitrator,  referee  or
     7  compensated  mediator in any action or proceeding or matter or engage in
     8  the conduct of any other profession or business  which  interferes  with
     9  the  performance  of  [his  or  her]  such judge's or justice's judicial
    10  duties; except that, if the legislature so provides, a judge of a munic-
    11  ipal court outside the city of New York established  pursuant  to  para-
    12  graph two of subdivision b of section nine of this article may engage in
    13  the practice of law.
    14    Judges  and justices of the courts specified in this subdivision shall
    15  also be subject to such rules of conduct as may be  promulgated  by  the
    16  chief  administrator  of  the  courts  with the approval of the court of
    17  appeals.
    18    c. Qualifications for and restrictions upon justices of the [judges of
    19  district,] town[,] and village [or city] courts [outside the city of New
    20  York, other than such qualifications and restrictions  specifically  set
    21  forth  in  subdivision  a  of  this section,] shall be prescribed by the
    22  legislature[,]; provided, however, that the legislature shall require  a
    23  course  of  training  and education to be completed by such justices [of
    24  town and village courts selected after the effective date of this  arti-
    25  cle]  who have not been admitted to practice law in this state. [Judges]
    26  Justices of such courts shall also be subject to such rules  of  conduct
    27  not  inconsistent  with laws as may be promulgated by the chief adminis-
    28  trator of the courts with the approval of the court of appeals.
    29    § 14. Resolved (if the Senate concur), That section 15 of article 6 of
    30  the constitution, as renumbered by section eight of this resolution,  be
    31  amended to read as follows:
    32    §  15.  a. When a vacancy shall occur, otherwise than by expiration of
    33  term, in the office of an elective justice of  the  supreme  court[,  of
    34  judge of the county court, of judge of the surrogate's court or judge of
    35  the family court outside the city of New York], it shall be filled for a
    36  full  term  at the next general election held not less than three months
    37  after such vacancy occurs and, until the vacancy shall be so filled, the
    38  governor by and with the advice and consent of the senate, if the senate
    39  shall be in session, or, if the senate not be in session,  the  governor
    40  may  fill  such  vacancy by [an] appointment [which]; except that, where
    41  the vacancy is in the office of a justice who was a judge of  the  city-
    42  wide  court  of  civil jurisdiction of the city of New York who became a
    43  justice of the supreme court pursuant to subparagraph C of paragraph one
    44  of subdivision b of  section  twenty-seven  of  this  article,  or  such
    45  judge's  or  justice's successor in office, the mayor of the city of New
    46  York shall fill such vacancy by appointment.  Each appointment  pursuant
    47  to  this  subdivision shall continue until and including the last day of
    48  December next after the election at which the vacancy shall be filled.
    49    b. When a vacancy shall occur, otherwise than by expiration  of  term,
    50  in the office of [judge of the court of claims] an appointive justice of
    51  the supreme court, it shall be filled for the unexpired term in the same
    52  manner as an original appointment.
    53    c.  When  a vacancy shall occur, otherwise than by expiration of term,
    54  in the office of judge elected to the [city-wide]  municipal  court  [of
    55  civil jurisdiction of] in the city of New York, it shall be filled for a
    56  full  term  at the next general election held not less than three months

        A. 9401                            13
 
     1  after such vacancy occurs and, until the vacancy shall be so filled, the
     2  mayor of the city of New York may fill such vacancy  by  an  appointment
     3  which  shall  continue until and including the last day of December next
     4  after  the election at which the vacancy shall be filled. When a vacancy
     5  shall occur, otherwise than by expiration of term on  the  last  day  of
     6  December  of  any  year, in the office of judge appointed to the [family
     7  court within the city of New York or the city-wide] municipal court  [of
     8  criminal jurisdiction of] in the city of New York, the mayor of the city
     9  of  New York shall fill such vacancy by an appointment for the unexpired
    10  term; except that, where the vacancy is in the office of a judge who was
    11  a housing judge of the city-wide court of civil jurisdiction of the city
    12  of New York who became a  judge  of  the  municipal  court  pursuant  to
    13  subparagraph C of paragraph one of subdivision c of section twenty-seven
    14  of  this  article,  or such judge's successor in office, the mayor shall
    15  fill such vacancy by appointment for the unexpired term from a  list  of
    16  persons found qualified by an advisory council established by law.
    17    d.  When  a vacancy shall occur, otherwise than by expiration of term,
    18  in the office of judge of [the district] a municipal court  outside  the
    19  city  of New York established pursuant to paragraph one of subdivision b
    20  of section nine of this article, it shall be filled for a full  term  at
    21  the  next  general  election  held not less than three months after such
    22  vacancy occurs and, until the vacancy shall be so filled, the  board  of
    23  supervisors  or the supervisor or supervisors of the [affected district]
    24  area for which  the  court  was  established  if  such  [district]  area
    25  consists of a portion of a county or, in counties with an elected county
    26  executive officer, such county executive officer may, subject to confir-
    27  mation  by  the board of supervisors or the supervisor or supervisors of
    28  such [district] area, fill such vacancy by an  appointment  which  shall
    29  continue  until  and  including  the last day of December next after the
    30  election at which the vacancy shall be filled.
    31    e. When a vacancy shall occur, otherwise than by expiration  of  term,
    32  in the office of judge of a municipal court outside the city of New York
    33  established  pursuant  to paragraph two of subdivision b of section nine
    34  of this article, it shall be filled in the manner provided by law.
    35    § 15. Resolved (if the Senate concur), That subdivisions a,  b,  e,  f
    36  and  g  of section 16 of article 6 of the constitution, as renumbered by
    37  section eight of this resolution, be amended to read as follows:
    38    a. There shall be a commission on judicial conduct. The commission  on
    39  judicial   conduct   shall   receive,  initiate,  investigate  and  hear
    40  complaints with respect  to  the  conduct,  qualifications,  fitness  to
    41  perform or performance of official duties of any judge or justice of the
    42  unified  court system, in the manner provided by law; and, in accordance
    43  with subdivision d of this  section,  may  determine  that  a  judge  or
    44  justice  be  admonished,  censured  or  removed  from  office for cause,
    45  including, but not limited to, misconduct in office, persistent  failure
    46  to perform [his or her] the duties of office, habitual intemperance, and
    47  conduct,  on  or  off  the  bench,  prejudicial to the administration of
    48  justice, or that a judge or justice be retired for  mental  or  physical
    49  disability preventing the proper performance of [his or her] the judge's
    50  or  justice's  judicial  duties. The commission shall transmit [an*] any
    51  such determination to the chief judge of the court of appeals who  shall
    52  cause  written  notice of such determination to be given to the judge or
    53  justice involved. Such judge or justice may either  accept  the  commis-
    54  sion's  determination or make written request to the chief judge, within
    55  thirty days after receipt of such notice, for a review of such  determi-
    56  nation by the court of appeals.

        A. 9401                            14
 
     1    b.  (1)  The  commission  on  judicial conduct shall consist of eleven
     2  members, of whom four shall be appointed by the  governor,  one  by  the
     3  temporary  president  of  the  senate, one by the minority leader of the
     4  senate, one by the speaker of the assembly, one by the  minority  leader
     5  of the assembly and three by the chief judge of the court of appeals. Of
     6  the  members  appointed  by the governor one person shall be a member of
     7  the bar of the state but not a  judge  or  justice,  two  shall  not  be
     8  members  of the bar, justices or judges or retired justices or judges of
     9  the unified court system, and one shall be a judge  or  justice  of  the
    10  unified  court  system.  Of the members appointed by the chief judge one
    11  person shall be a justice of the appellate division of the supreme court
    12  and two shall be judges or justices of a court or courts other than  the
    13  court  of  appeals  or  appellate  divisions.  None of the persons to be
    14  appointed by the legislative leaders shall  be  justices  or  judges  or
    15  retired justices or judges.
    16    (2)  [The  persons  first appointed by the governor shall have respec-
    17  tively one, two, three, and four-year terms as the governor shall desig-
    18  nate.  The persons first appointed by the chief judge of  the  court  of
    19  appeals  shall  have respectively two, three, and four-year terms as the
    20  governor shall designate. The person first appointed  by  the  temporary
    21  president  of  the  senate  shall have a one-year term. The person first
    22  appointed by the minority leader of the senate  shall  have  a  two-year
    23  term.  The  person  first appointed by the speaker of the assembly shall
    24  have a four-year term. The person first appointed by the minority leader
    25  of the assembly shall have  a  three-year  term.]  Each  member  of  the
    26  commission  shall  be  appointed  [thereafter] for a term of four years.
    27  Commission membership of a judge or justice appointed by the governor or
    28  the chief judge shall terminate if such member ceases to hold the  judi-
    29  cial position which qualified [him or her] such member for such appoint-
    30  ment.  Membership  shall  also  terminate if a member attains a position
    31  which would have rendered  [him  or  her]  such  member  ineligible  for
    32  appointment at the time of appointment. A vacancy shall be filled by the
    33  appointing officer for the remainder of the term.
    34    e. The court of appeals may suspend a judge or justice from exercising
    35  the powers of [his or her] office while there is pending a determination
    36  by  the  commission on judicial conduct for [his or her] such judge's or
    37  justice's removal or retirement,  or  while  the  judge  or  justice  is
    38  charged  in  this state with a felony by an indictment or an information
    39  filed pursuant to section six  of  article  one.  The  suspension  shall
    40  continue upon conviction and, if the conviction becomes final, the judge
    41  or  justice shall be removed from office. The suspension shall be termi-
    42  nated upon reversal of the conviction and dismissal  of  the  accusatory
    43  instrument.  Nothing in this subdivision shall prevent the commission on
    44  judicial conduct from determining that a judge or justice be admonished,
    45  censured, removed, or retired pursuant to subdivision a of this section.
    46    f. Upon the recommendation of the commission on judicial conduct or on
    47  its own motion, the court of appeals may suspend a judge or justice from
    48  office when [he or she] such judge or justice is charged  with  a  crime
    49  punishable  as a felony under the laws of this state, or any other crime
    50  which involves moral  turpitude.  The  suspension  shall  continue  upon
    51  conviction  and,  if  the conviction becomes final, the judge or justice
    52  shall be removed from office. The suspension shall  be  terminated  upon
    53  reversal  of  the conviction and dismissal of the accusatory instrument.
    54  Nothing in this subdivision shall prevent  the  commission  on  judicial
    55  conduct  from  determining  that  a  judge  or  justice  be  admonished,
    56  censured, removed, or retired pursuant to subdivision a of this section.

        A. 9401                            15
 
     1    g. A judge or justice who is suspended from office  by  the  court  of
     2  appeals  shall  receive  [his or her] such judge's or justice's judicial
     3  salary during such period of suspension, unless the court directs other-
     4  wise. If the court has so directed and  such  suspension  is  thereafter
     5  terminated, the court may direct that the judge or justice shall be paid
     6  [his or her] any salary [for] not received during such period of suspen-
     7  sion.
     8    § 16. Resolved (if the Senate concur), That section 17 of article 6 of
     9  the  constitution, as renumbered by section eight of this resolution, be
    10  amended to read as follows:
    11    § 17. a. Judges of the court of appeals and justices  of  the  supreme
    12  court  may  be  removed  by  concurrent resolution of both houses of the
    13  legislature, if two-thirds of all the  members  elected  to  each  house
    14  concur therein.
    15    b.  Judges  of [the court of claims, the county court, the surrogate's
    16  court, the family court, the courts for the city of New York established
    17  pursuant to section fifteen of this article,] the  [district]  municipal
    18  court  and  such  other  courts  as the legislature may determine may be
    19  removed by the senate, on the recommendation of the  governor,  if  two-
    20  thirds of all the members elected to the senate concur therein.
    21    c.  No  judge  or  justice  shall be removed by virtue of this section
    22  except for cause, which shall be entered on the journals, nor unless [he
    23  or she] such judge or justice shall have been served with a statement of
    24  the cause alleged, and shall have had an opportunity to be heard. On the
    25  question of removal, the yeas and nays shall be entered on the journal.
    26    § 17. Resolved (if the Senate concur), That section 18 of article 6 of
    27  the constitution, as renumbered by section eight of this resolution,  be
    28  amended to read as follows:
    29    §  18. The assembly shall have the power of impeachment by a vote of a
    30  majority of all the members elected thereto. The court for the trial  of
    31  impeachments  shall  be  composed  of  the  president of the senate, the
    32  senators, or the major part of them, and the  judges  of  the  court  of
    33  appeals,  or  the  major  part  of  them. On the trial of an impeachment
    34  against the governor or lieutenant-governor, neither the lieutenant-gov-
    35  ernor nor the temporary president of the senate shall act as a member of
    36  the court. No judicial officer shall exercise [his or her] the powers of
    37  office after articles of impeachment against [him or her]  such  officer
    38  shall  have been preferred to the senate, until [he or she] such officer
    39  shall have been acquitted.   Before the trial  of  an  impeachment,  the
    40  members  of the court shall take an oath or affirmation truly and impar-
    41  tially to try the impeachment according to the evidence, and  no  person
    42  shall  be convicted without the concurrence of two-thirds of the members
    43  present. Judgment in cases of impeachment shall not extend further  than
    44  to  removal  from office, or removal from office and disqualification to
    45  hold and enjoy any public office of honor, trust, or profit  under  this
    46  state; but the party impeached shall be liable to indictment and punish-
    47  ment according to law.
    48    § 18. Resolved (if the Senate concur), That section 19 of article 6 of
    49  the  constitution, as renumbered by section eight of this resolution, be
    50  amended to read as follows:
    51    § 19. a. The compensation of a  judge  of  the  court  of  appeals,  a
    52  justice  of  the  supreme  court, a judge of [the] a municipal court [of
    53  claims, a judge of the county court, a judge of the surrogate's court, a
    54  judge of the family court, a judge of a court for the city of  New  York
    55  established  pursuant to section fifteen of this article, a judge of the
    56  district court or of], and a retired judge or justice  shall  be  estab-

        A. 9401                            16
 
     1  lished  by law and shall not be diminished during the term of office for
     2  which [he or she] such judge or justice was elected or  appointed.  [Any
     3  judge  or  justice  of  a court abolished by section thirty-five of this
     4  article,  who  pursuant  to that section becomes a judge or justice of a
     5  court established or continued by this article,  shall  receive  without
     6  interruption or diminution for the remainder of the term for which he or
     7  she  was elected or appointed to the abolished court the compensation he
     8  or she had been receiving  upon  the  effective  date  of  this  article
     9  together  with  any  additional  compensation  that may be prescribed by
    10  law.]
    11    b. Each judge of the court of appeals, justice of the  supreme  court,
    12  and  judge  of  [the]  a municipal court [of claims, judge of the county
    13  court, judge of the surrogate's court, judge of the family court,  judge
    14  of  a  court  for  the  city of New York established pursuant to section
    15  fifteen of this article and judge of the district court] shall retire on
    16  the last day of December in the year in which [he or she] such judge  or
    17  justice  reaches the age of seventy. Each such former judge of the court
    18  of appeals and justice of the supreme court may thereafter  perform  the
    19  duties  of a justice of the supreme court, with power to hear and deter-
    20  mine actions and proceedings[,]; provided, however, that: (1)  it  shall
    21  be  certificated in the manner provided by law that the services of such
    22  judge or justice are necessary to expedite the business of the court and
    23  that [he or she] such judge or justice is mentally and  physically  able
    24  and  competent  to perform the full duties of such office, and (2) to be
    25  eligible for certification hereunder, a judge of the court of appeals or
    26  a justice of the supreme court must have served in at least one of  such
    27  offices  prior to January first, two thousand twenty-five or the service
    28  of such judge or justice in one or both of such offices equals at  least
    29  ten  years  as of the date on which such judge or justice is required to
    30  retire pursuant to this section.  Any such certification shall be  valid
    31  for a term of two years and may be extended as provided by law for addi-
    32  tional  terms  of  two  years. A retired judge or justice shall serve no
    33  longer than until the last day of December in the year in which  [he  or
    34  she]  such  judge  or  justice reaches the age of seventy-six. A retired
    35  judge or justice shall be subject to assignment by the  appellate  divi-
    36  sion  of  the  supreme  court of the judicial department of [his or her]
    37  such judge's or justice's residence.  Any retired justice of the supreme
    38  court who had been designated to and served as a justice of  any  appel-
    39  late division immediately preceding [his or her] such justice's reaching
    40  the  age of seventy shall be eligible for designation by the governor as
    41  a temporary or additional justice of the appellate division. [A  retired
    42  judge  or  justice  shall  not  be  counted in determining the number of
    43  justices in a judicial district for purposes of subdivision d of section
    44  six of this article.
    45    c. The provisions of this section shall  also  be  applicable  to  any
    46  judge  or justice who has not reached the age of seventy-six and to whom
    47  it would otherwise have been applicable but for the fact that he or  she
    48  reached the age of seventy and retired before the effective date of this
    49  article.]
    50    § 19. Resolved (if the Senate concur), That section 20 of article 6 of
    51  the  constitution, as renumbered by section eight of this resolution, be
    52  amended to read as follows:
    53    § 20. a. A justice of the supreme court  may  perform  the  duties  of
    54  office  or  hold  court in any county and may be temporarily assigned to
    55  the supreme court in any judicial district [or to the court of  claims].
    56  A  justice of the supreme court [in the city of New York] may be [tempo-

        A. 9401                            17

     1  rarily] assigned to [the family court in the city of New York or to  the
     2  surrogate's  court  in  any  county  within  the  city  of New York when
     3  required to dispose of the business] any division or divisions  of  such
     4  court.
     5    b. [A judge of the court of claims may perform the duties of office or
     6  hold  court in any county and may be temporarily assigned to the supreme
     7  court in any judicial district.
     8    c. A judge of the county court may perform the  duties  of  office  or
     9  hold  court in any county and may be temporarily assigned to the supreme
    10  court in the judicial department of his or her residence or to the coun-
    11  ty court or the family court in any county or to the  surrogate's  court
    12  in any county outside the city of New York or to a court for the city of
    13  New York established pursuant to section fifteen of this article.
    14    d.  A  judge of the surrogate's court in any county within the city of
    15  New York may perform the duties of office or hold court  in  any  county
    16  and  may  be  temporarily  assigned to the supreme court in the judicial
    17  department of his or her residence.
    18    e. A judge of the surrogate's court in any county outside the city  of
    19  New  York  may  perform the duties of office or hold court in any county
    20  and may be temporarily assigned to the supreme  court  in  the  judicial
    21  department  of his or her residence or to the county court or the family
    22  court in any county or to a court for the city of New  York  established
    23  pursuant to section fifteen of this article.
    24    f.  A  judge  of  the family court may perform the duties of office or
    25  hold court in any county and may be temporarily assigned to the  supreme
    26  court in the judicial department of his or her residence or to the coun-
    27  ty  court  or the family court in any county or to the surrogate's court
    28  in any county outside of the city of New York or to a court for the city
    29  of New York established pursuant to section fifteen of this article.
    30    g. A judge of a court for the city of New York established pursuant to
    31  section fifteen of this article may perform the duties of office or hold
    32  court in any county and may be temporarily assigned to the supreme court
    33  in the judicial department of his or her  residence  or  to  the  county
    34  court  or  the  family court in any county or to the other court for the
    35  city of New York established pursuant to section fifteen of  this  arti-
    36  cle.
    37    h.]  A  judge  of [the district] a municipal court [in any county] may
    38  perform the duties of office or hold court in any county [and],  may  be
    39  [temporarily]  assigned to [the county court in the judicial department]
    40  any district of [his or her residence or to a] such judge's  court  [for
    41  the  city  of  New  York established pursuant to section fifteen of this
    42  article or], and may be  temporarily  assigned  to  [the  district]  any
    43  municipal,  town,  or village court in [any county] the judicial depart-
    44  ment of such judge's residence. As may be provided by law, a judge of  a
    45  municipal court also may be temporarily assigned to the supreme court in
    46  the  judicial  department  of such judge's residence.  Housing judges of
    47  the city-wide court of civil jurisdiction established pursuant to former
    48  section fifteen of this article of the constitution in force on December
    49  thirty-first, two thousand twenty-one, who became judges of the  munici-
    50  pal  court  in  the city of New York pursuant to subparagraph C of para-
    51  graph one of subdivision c of section twenty-seven of this  article  and
    52  their  successors in office shall be assigned to the housing division of
    53  such municipal court but may preside over any action or proceeding pend-
    54  ing in such municipal court and may be temporarily assigned to the  same
    55  courts  as  any  other  municipal  court judge.   Any other judge of the

        A. 9401                            18
 
     1  municipal court in the city of New York may be assigned to such  housing
     2  division.
     3    [i.  Temporary  assignments  of  all  the foregoing judges or justices
     4  listed in this section, and of judges of the  city  courts  pursuant  to
     5  paragraph  two  of  subdivision  j of this section, shall be made by the
     6  chief administrator of the  courts  in  accordance  with  standards  and
     7  administrative  policies established pursuant to section twenty-eight of
     8  this article.
     9    j. (1)] c. The legislature may provide for temporary assignments with-
    10  in the county of  residence  or  any  adjoining  county[,]  of  [judges]
    11  justices  of  town[,]  and village [or city] courts [outside the city of
    12  New York].   Such assignments may  include  temporary  assignment  to  a
    13  municipal  court  outside  the  city of New York provided the justice so
    14  assigned has been permitted to practice law in this state for  at  least
    15  five years or such greater number of years as the legislature may deter-
    16  mine.
    17    [(2)  In  addition  to any temporary assignments to which a judge of a
    18  city court may be subject pursuant to paragraph one of this subdivision,
    19  such judge also may be temporarily assigned by the  chief  administrator
    20  of  the  courts  to  the  county court, the family court or the district
    21  court within his or her county of  residence  or  any  adjoining  county
    22  provided he or she is not permitted to practice law.
    23    k.]  d. Temporary assignments of all the foregoing judges and justices
    24  listed in this section shall be made by the chief administrator  of  the
    25  courts  in  accordance with standards and administrative policies estab-
    26  lished pursuant to section twenty-two of this article.
    27    e. While temporarily assigned  pursuant  to  the  provisions  of  this
    28  section,  any judge or justice shall have the powers, duties, and juris-
    29  diction of a judge or justice of the court to which assigned. After  the
    30  expiration of any temporary assignment, as provided in this section, the
    31  judge  or  justice assigned shall have all the powers, duties and juris-
    32  diction of a judge or justice of the court to which  [he  or  she]  such
    33  judge  or  justice  was  assigned with respect to matters pending before
    34  [him or her] such judge or justice during the  term  of  such  temporary
    35  assignment.
    36    § 20. Resolved (if the Senate concur), That section 21 of article 6 of
    37  the  constitution, as renumbered by section eight of this resolution, be
    38  amended to read as follows:
    39    § 21. The governor may, when [in his or her] of the opinion  that  the
    40  public  interest  requires,  appoint  extraordinary terms of the supreme
    41  court. The governor shall designate the time and place  of  holding  the
    42  term and the justice who shall hold the term. The governor may terminate
    43  the  assignment  of  the justice and may name another justice in [his or
    44  her] such justice's place to hold the term.
    45    § 21. Resolved (if the Senate concur), That subdivision b  of  section
    46  22  of  article 6 of the constitution, as renumbered by section eight of
    47  this resolution, be amended to read as follows:
    48    b. The chief administrator, on behalf of the chief judge, shall super-
    49  vise the administration and operation of the unified court system.    In
    50  the  exercise  of  such  responsibility,  the chief administrator of the
    51  courts shall have such powers and duties as may be delegated to [him  or
    52  her]  the  chief  administrator  by  the chief judge and such additional
    53  powers and duties as may be provided by law.
    54    § 22. Resolved (if the Senate concur), That subdivision a  of  section
    55  23  of  article 6 of the constitution, as renumbered by section eight of
    56  this resolution, be amended to read as follows:

        A. 9401                            19
 
     1    a. The legislature shall provide for the allocation  of  the  cost  of
     2  operating  and  maintaining the court of appeals, the appellate division
     3  of the supreme court in each judicial department, the  appellate  terms,
     4  the  supreme  court,  and  the  [court  of claims, the county court, the
     5  surrogate's court, the family court, the courts for the city of New York
     6  established pursuant to section fifteen of this article and the district
     7  court,]  municipal courts among the state, the counties, the city of New
     8  York and other political subdivisions.
     9    § 23. Resolved (if the Senate concur), That section 24 of article 6 of
    10  the constitution, as renumbered by section eight of this resolution,  be
    11  amended to read as follows:
    12    §  24. The legislature shall have the same power to alter and regulate
    13  the jurisdiction and proceedings in law and in equity that it has  here-
    14  tofore exercised. The legislature may, on such terms as it shall provide
    15  and  subject  to subsequent modification, delegate, in whole or in part,
    16  to a court, including the appellate division of the supreme court, or to
    17  the chief administrator of the courts, any power possessed by the legis-
    18  lature to regulate practice and  procedure  in  the  courts.  The  chief
    19  administrator  of  the courts shall exercise any such power delegated to
    20  [him or her] the chief administrator with the advice and consent of  the
    21  administrative  board  of  the  courts.  Nothing  herein contained shall
    22  prevent the adoption of regulations by individual courts consistent with
    23  the general practice and procedure as provided  by  statute  or  general
    24  rules.
    25    § 24. Resolved (if the Senate concur), That article 6 of the constitu-
    26  tion be amended by adding a new section 27 to read as follows:
    27    §  27.  a. (1) The justices of the supreme court in office on December
    28  thirty-first, two thousand twenty-four shall, for the remainder  of  the
    29  terms  for which they were selected, be justices of the supreme court in
    30  and for the judicial district in which they were elected  or  for  which
    31  they were appointed. Retired justices who, on December thirty-first, two
    32  thousand twenty-four, were authorized to perform the duties of a justice
    33  of  the  supreme  court pursuant to certification in accordance with the
    34  provisions of subdivision b of former section twenty-five of this  arti-
    35  cle  of the constitution in force on December thirty-first, two thousand
    36  twenty-one, shall be certificated justices of the supreme court for  the
    37  remainder  of  the terms for which they were certificated and thereafter
    38  shall be eligible for further certification in accordance with  subdivi-
    39  sion  b  of  section  nineteen  of  this  article. Each designation of a
    40  justice of the supreme court to the appellate division or  an  appellate
    41  term  in  effect on December thirty-first, two thousand twenty-four, not
    42  otherwise required to expire on account of any provision of this article
    43  then in effect, shall continue in effect on January first, two  thousand
    44  twenty-five.
    45    (2) Effective January first, two thousand twenty-five, each action and
    46  proceeding  pending  in  the supreme court on December thirty-first, two
    47  thousand twenty-four shall be deemed pending in the supreme court in the
    48  county in which such action or proceeding was pending on such  date,  or
    49  otherwise as may be provided by law.
    50    b. (1) Effective October first, two thousand twenty-five:
    51    A. the court of claims shall be abolished;
    52    B.  each  action  and  proceeding  pending  in  the court of claims on
    53  September thirtieth, two thousand twenty-five shall be deemed pending in
    54  the supreme court in the county  in  which  such  action  or  proceeding
    55  arose, or otherwise as may be provided by law;

        A. 9401                            20
 
     1    C.  each  judge  of  the  city-wide court of civil jurisdiction or the
     2  city-wide court of criminal jurisdiction of the city  of  New  York,  as
     3  established  pursuant  to  former section fifteen of this article of the
     4  constitution in force on December thirty-first, two thousand twenty-one,
     5  or  of  the  family court in such city, who, on September thirtieth, two
     6  thousand twenty-five and continuously throughout  the  six-month  period
     7  immediately preceding such date, was temporarily assigned to the supreme
     8  court  pursuant  to  former  section  twenty-six  of this article of the
     9  constitution in force on December thirty-first, two thousand  twenty-one
    10  shall,  for  the remainder of the term of office in which such judge was
    11  then serving, be a justice of the supreme court in and for the  judicial
    12  district  in which such judge was elected to such term or, if appointed,
    13  in which such judge resided on such date. Thereafter, the office of such
    14  judge shall be an office of justice of the supreme court, to  be  filled
    15  in  the same manner and for the same term as provided by this article on
    16  December thirty-first, two thousand twenty-four for a judge of the court
    17  from which such judge was assigned to serve on the supreme court.
    18    (2) Effective January first, two thousand twenty-eight:
    19    A. the county court, the surrogate's court, and the family court shall
    20  be abolished; and
    21    B. each action and proceeding pending in a court abolished pursuant to
    22  subparagraph A of this paragraph on December thirty-first, two  thousand
    23  twenty-seven  shall be deemed pending in the supreme court in the county
    24  in which such action or proceeding was pending on such date,  or  other-
    25  wise as may be provided by law.
    26    (3)  Upon abolition of the courts specified in subparagraph A of para-
    27  graph one and subparagraph A of paragraph two of this subdivision, their
    28  seals, records, papers, and documents shall be deposited in the  offices
    29  of  the  clerks of the supreme court of such counties as may be provided
    30  by law.  Each of the judges of these courts in office  on  the  date  of
    31  their abolition shall, for the remainder of the term of office for which
    32  such  judge  was  selected  to  the abolished court, be a justice of the
    33  supreme court in and for the judicial district in which such  judge  was
    34  elected  to  such  term or, if appointed, in which such judge resided on
    35  such date.  Thereafter, the office of such judge shall be an  office  of
    36  justice  of  the  supreme court, to be filled in the same manner and for
    37  the same term as provided by this article on December thirty-first,  two
    38  thousand  twenty-four  for the office held by the judge on the abolished
    39  court.
    40    c. Effective January first, two thousand thirty:
    41    (1) A. the city-wide courts of civil and criminal jurisdiction for the
    42  city of New York established pursuant to former section fifteen of  this
    43  article of the constitution in force on December thirty-first, two thou-
    44  sand twenty-one shall be abolished;
    45    B. each action and proceeding pending in a court abolished pursuant to
    46  subparagraph  A of this paragraph on December thirty-first, two thousand
    47  twenty-nine shall be deemed pending in the municipal court in  the  city
    48  of New York; and
    49    C. each judge of a court specified in subparagraph A of this paragraph
    50  in  office  on the date of its abolition shall, for the remainder of the
    51  term of office such judge was then serving on the abolished court, be  a
    52  judge  of  the municipal court in the city of New York. Thereafter, such
    53  judge's office shall be an office of judge of the municipal court in the
    54  city of New York, to be filled in the same manner and for the same  term
    55  as provided by this article on December thirty-first, two thousand twen-
    56  ty-four  for the office held by such judge on such date. For purposes of

        A. 9401                            21
 
     1  this paragraph, housing judges for the city-wide court of  civil  juris-
     2  diction  in  office  on  December thirty-first, two thousand twenty-nine
     3  shall be deemed judges of such city-wide court of civil jurisdiction  on
     4  such  date;  provided,  however,  the  successors in office to each such
     5  housing judge shall be residents of the city of New York and, subject to
     6  the provisions of subdivision c of  section  fifteen  of  this  article,
     7  shall  be  appointed  for  a term of ten years by the mayor of such city
     8  from a list of persons found qualified by  an  advisory  council  estab-
     9  lished by law.
    10    (2)  A.  the  district  courts  heretofore continued or established in
    11  Nassau and Suffolk counties pursuant to former section sixteen  of  this
    12  article of the constitution in force on December thirty-first, two thou-
    13  sand  twenty-one  shall  be  continued as municipal courts and deemed to
    14  have been established pursuant to paragraph  one  of  subdivision  b  of
    15  section nine of this article;
    16    B.  each action and proceeding pending in a district court on December
    17  thirty-first, two thousand twenty-nine shall be deemed  pending  in  the
    18  municipal court that is the successor to such district court established
    19  pursuant to paragraph one of subdivision b of section nine of this arti-
    20  cle; and
    21    C.  each judge of a district court in office on December thirty-first,
    22  two thousand twenty-nine shall, for the remainder of the term for  which
    23  such  judge  was selected, be a judge of the municipal court that is the
    24  successor to such district court established pursuant to  paragraph  one
    25  of subdivision b of section nine of this article.
    26    (3)  A. the city courts outside the city of New York, as authorized by
    27  former section seventeen of this article of the constitution in force on
    28  December thirty-first, two thousand twenty-one, shall  be  continued  as
    29  municipal  courts  for the cities in which they were located on December
    30  thirty-first, two thousand twenty-nine and shall be deemed to have  been
    31  established  pursuant  to paragraph two of subdivision b of section nine
    32  of this article;
    33    B. each action and proceeding pending in a city court outside the city
    34  of New York on December thirty-first, two thousand twenty-nine shall  be
    35  deemed pending in the municipal court that is the successor to such city
    36  court  established pursuant to paragraph two of subdivision b of section
    37  nine of this article; and
    38    C. each judge of a city court in office on December thirty-first,  two
    39  thousand twenty-nine shall, for the remainder of the term for which such
    40  judge  was  selected,  be  a  judge  of such municipal court that is the
    41  successor to such city court established pursuant to  paragraph  two  of
    42  subdivision b of section nine of this article.
    43    (4)  Upon abolition of the courts specified in subparagraph A of para-
    44  graph one and subparagraph A of paragraph three of this subdivision, and
    45  continuation of the district courts authorized by former section sixteen
    46  of this article as municipal courts, their seals, records,  papers,  and
    47  documents  shall become the seals, records, papers, and documents of the
    48  appropriate municipal court as may be provided by law.
    49    d. In the event that a judgment or order was entered before  the  date
    50  of abolition of a court hereunder, or continuation of a court as another
    51  court,  and  a right of appeal existed and notice of appeal therefrom is
    52  filed after such date, such appeal shall be taken to such  court  as  it
    53  might  have been taken before the effective date of this section, except
    54  such an appeal from a city, town, or  village  court  in  the  third  or
    55  fourth judicial department shall be taken to any appellate term that has
    56  been  established if, prior to December thirty-first, two thousand twen-

        A. 9401                            22
 
     1  ty-nine, such appeal could have been taken thereto or, otherwise, to the
     2  supreme court. Further appeal from a decision of an appellate  court  in
     3  an  action  subject  to  this  subdivision  shall be as provided by law,
     4  consistent with this article.
     5    e.  In  the  event that an appeal was decided by a county court before
     6  January first, two thousand twenty-eight and a further appeal  could  be
     7  taken  as  of  right  and notice of appeal therefrom is filed after such
     8  date, such appeal may be taken to any appellate court to which  such  an
     9  appeal  could  have been taken prior to such date. Further appeal from a
    10  decision of such appellate court shall be governed by the provisions  of
    11  this  article.  If a further appeal could not be taken as of right, such
    12  appeal shall be governed by the provisions of this article.
    13    f. As may be provided by law, the nonjudicial personnel of the  courts
    14  abolished  or  continued by this section in office on the date of aboli-
    15  tion or continuation shall, to  the  extent  practicable,  be  continued
    16  without  decrease in salaries and with the same status and rights in the
    17  courts established or continued by this article; and especially skilled,
    18  experienced, and trained personnel shall, to the extent practicable,  be
    19  assigned  to like functions in the municipal court or the supreme court,
    20  as appropriate.
    21    g. Notwithstanding any provision of  this  article  to  the  contrary,
    22  where  there  is an adjustment in the number of the judicial departments
    23  of the state or in the boundaries of such departments pursuant to  para-
    24  graph two of subdivision a of section four of this article:
    25    (1)  The  legislature  shall  provide for the transfer of appeals then
    26  pending in the appellate division  or  in  an  appellate  term  in  each
    27  department  so  adjusted to the appellate division or an appellate term,
    28  respectively, for the department in which such appeals could  have  been
    29  taken  had  such  adjustment  been effective on the date such appeal was
    30  taken, or if no appellate term has been  established  therefor,  to  the
    31  supreme court.
    32    (2)  The  governor may reapportion, among the departments so adjusted,
    33  the justices theretofore designated to the appellate divisions  thereof,
    34  provided  that:  (i)  the  presiding  justice of any judicial department
    35  affected by such adjustment  shall  be  the  presiding  justice  of  the
    36  department  that includes the county of such justice's residence for the
    37  remainder of such justice's term of office, unless there  already  is  a
    38  presiding  justice  in  such  department,  in  which event the presiding
    39  justice of the judicial department affected  by  such  adjustment  shall
    40  serve  as  a  justice in such department for the duration of the term of
    41  office for which such justice was designated as presiding  justice;  and
    42  (ii)  each other justice designated pursuant to subdivision c of section
    43  four of this article to the appellate  division  of  any  department  so
    44  adjusted shall, for the remainder of the term for which such justice was
    45  so  designated,  be a justice of the department to which such justice is
    46  reapportioned.
    47    (3) Where compliance with paragraph two of this subdivision is  incon-
    48  sistent  with  the  provisions  of  section four of this article as to a
    49  judicial department affected by such  adjustment,  until  such  time  as
    50  there  is compliance with such provisions all subsequent designations of
    51  justices by the governor to the appellate division  of  such  department
    52  shall be as provided by law.
    53    (4)  If  a  department is abolished, the legislature shall provide for
    54  the deposit of the seals, records, papers, and documents of  the  appel-
    55  late division thereof, as appropriate.

        A. 9401                            23
 
     1    § 25. Resolved (if the Senate concur), That article 6 of the constitu-
     2  tion be amended by adding a new section 29 to read as follows:
     3    §  29.  a.  Except  as provided in subdivision b of this section, this
     4  article and all amendments thereto, as heretofore approved and  ratified
     5  by the people, shall remain in full force and effect.
     6    b.  The  repeal of sections nine, ten, eleven, twelve, thirteen, four-
     7  teen, sixteen, thirty-four, thirty-five, thirty-six, thirty-six-a, thir-
     8  ty-six-c, thirty-seven and subdivision j of section twenty-two  of  this
     9  article,  the  amendments  to  sections  one, two, four, six, seven, and
    10  eight of this article, the renumbering of and, as renumbered, the amend-
    11  ments to sections nine, eleven, thirteen,  fourteen,  fifteen,  sixteen,
    12  seventeen,  eighteen,  nineteen,  twenty,  twenty-one, twenty-three, and
    13  twenty-four of this article, the amendment of subdivision b  of  section
    14  twenty-two,  such  section  as  renumbered,  the renumbering of sections
    15  twelve, sixteen, eighteen, twenty-one, twenty-two, twenty-four,  twenty-
    16  five,  twenty-six, and twenty-eight of this article, and the addition of
    17  new sections ten, twenty-seven, and  twenty-nine  to  this  article,  as
    18  first  proposed  by a concurrent resolution passed by the legislature in
    19  the year two thousand twenty-two, entitled "CONCURRENT RESOLUTION OF THE
    20  SENATE AND ASSEMBLY proposing amendments to article 6 of  the  constitu-
    21  tion,  in  relation to consolidation of the unified court system, and to
    22  repeal of sections 9, 10, 11, 12, 13, 14, 16, 34, 35, 36, 36-a, 36-c, 37
    23  and subdivision j of section 22 of article 6 of the constitution  relat-
    24  ing  thereto"  shall become a part of the constitution on January first,
    25  two thousand twenty-five and shall be effective on such date;  provided,
    26  however,  that  paragraph  two  of  subdivision d of section six of this
    27  article, as added by such concurrent resolution, shall not be  effective
    28  until  the  first  day  of January, two thousand twenty-eight, when upon
    29  such date such paragraph shall take effect.
    30    c. Notwithstanding subdivision b of this section,  the  provisions  of
    31  this  article  in  effect on December thirty-first, two thousand twenty-
    32  four shall continue to apply to any court or courts  specified  in  such
    33  provisions, and the judge or judges thereof, until the abolition of such
    34  court  or  courts  as  provided pursuant to section twenty-seven of this
    35  article.
    36    § 26. Resolved (if the Senate concur), That the  foregoing  amendments
    37  be referred to the first regular legislative session convening after the
    38  next  succeeding  general  election  of members of the assembly, and, in
    39  conformity with  section  1  of  article  19  of  the  constitution,  be
    40  published for 3 months previous to the time of such election.
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