Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court.
STATE OF NEW YORK
________________________________________________________________________
6044
2021-2022 Regular Sessions
IN ASSEMBLY
March 5, 2021
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, in relation to making technical
changes to provisions providing for certification for service as a
retired judge of the court of appeals or a retired justice of the
supreme court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 114 of the judiciary law, as added by chapter 704
2 of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws
3 of 1981, is amended to read as follows:
4 § 114. Retired judges of the court of appeals. 1. Any judge of the
5 court of appeals, retired pursuant to subdivision b of section twenty-
6 five of article six of the constitution, [may] shall, upon his or her
7 application, be certified by the administrative board for service as a
8 justice of the supreme court upon findings (a) that he or she has the
9 mental and physical capacity to perform the duties of such office and
10 (b) that his or her services are necessary to expedite the business of
11 the supreme court. A copy of such certificate shall be filed with the
12 appellate division of the department in which such retired judge resides
13 and in the office of court administration.
14 2. Any such certification shall be valid for a term of two years
15 beginning on the date of filing the certificate. At the expiration of
16 such term, the retired judge [may] shall be certified for additional
17 terms of two years each by the administrative board upon findings of
18 continued mental and physical capacity and need for his or her services.
19 No retired judge may serve under any such certification beyond the last
20 day of December in the year in which he or she reaches the age of seven-
21 ty-six.
22 3. A retired judge so certified shall for all purposes, other than
23 determining the number of justices in a judicial district for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08696-02-1
A. 6044 2
1 purposes of subdivision d of section six of article six of the constitu-
2 tion and section one hundred forty-a of this chapter, but including
3 powers, duties, salary, status and rights, be a justice of the supreme
4 court in the district in which he or she resides when so certified. A
5 retired judge shall be subject to assignment by the appellate division
6 of the supreme court of the judicial department of his or her residence.
7 4. The provisions of this section shall also be applicable to a judge
8 who has not yet reached the age of seventy-six and who reached the age
9 of seventy and retired as a judge of the court of appeals prior to the
10 effective date of this section.
11 § 2. Section 115 of the judiciary law, as added by chapter 704 of the
12 laws of 1962, subdivision 1 as amended by chapter 751 of the laws of
13 1981, is amended to read as follows:
14 § 115. Retired justices of the supreme court. 1. Any justice of the
15 supreme court, retired pursuant to subdivision b of section twenty-five
16 of article six of the constitution, [may] shall, upon his or her appli-
17 cation, be certified by the administrative board for service as a
18 retired justice of the supreme court upon findings (a) that he or she
19 has the mental and physical capacity to perform the duties of such
20 office and (b) that his or her services are necessary to expedite the
21 business of the supreme court. A copy of such certificate shall be filed
22 with the appellate division of the department in which such retired
23 justice resides and in the office of court administration.
24 2. Any such certification shall be valid for a term of two years
25 beginning on the date of filing the certificate. At the expiration of
26 such term the retired justice [may] shall be certified for additional
27 terms of two years each by the administrative board upon findings of
28 continued mental and physical capacity and need for his or her services.
29 No retired justice may serve under any such certification beyond the
30 last day of December in the year in which he or she reaches the age of
31 seventy-six.
32 3. A retired justice so certified shall for all purposes, other than
33 determining the number of justices in a judicial district for the
34 purposes of subdivision d of section six of article six of the constitu-
35 tion and section one hundred forty-a of this chapter, but including
36 powers, duties, salary, status and rights, be a justice of the supreme
37 court in the district in which he or she resides when so certified. A
38 retired justice shall be subject to assignment by the appellate division
39 of the supreme court of the judicial department of his or her residence.
40 4. The provisions of this section shall also be applicable to a
41 justice of the supreme court, a judge of the county court of a county
42 within the city of New York, and a judge of the court of general
43 sessions of the county of New York who has not yet reached the age of
44 seventy-six and who reached the age of seventy and retired as such
45 justice or judge prior to the effective date of this section.
46 § 3. This act shall take effect immediately.
