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A06552 Summary:

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A06552 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6552--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 9, 2013
                                       ___________
 
        Introduced  by M. of A. MORELLE, WEINSTEIN, BRINDISI, BRONSON, BUCHWALD,
          SKARTADOS, STECK, WEPRIN, LUPARDO -- (at  request  of  the  Office  of
          Court  Administration)  --  read once and referred to the Committee on
          Judiciary -- reported and referred to the Committee on Ways and  Means
          --  committee  discharged,  bill amended, ordered reprinted as amended

          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee
 
        AN ACT to amend the uniform city court act and  the  judiciary  law,  in
          relation to judges of city courts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 1 of subdivision  (b)  of  section  2104  of  the
     2  uniform  city  court act, as amended by chapter 493 of the laws of 2006,
     3  is amended to read as follows:
     4    (1) be an attorney admitted to practice law in this state for at least
     5  five years as of the date he or she commences the duties of office,  and
     6  be  a  resident  of the city in which he or she is elected or appointed,
     7  except that the judges of the Sherrill city court may reside anywhere in

     8  either Oneida or Madison counties, the city court judge  who  serves  in
     9  the  office  that  formerly  was that of acting judge of the Oneida city
    10  court may reside anywhere in Madison county, the judges of the Peekskill
    11  city court may reside anywhere in Westchester  county,  the  city  court
    12  judge who serves in the office that formerly was that of acting judge of
    13  the  Port  Jervis  city  court may reside anywhere in either Sullivan or
    14  Orange counties, the judges of the Hudson city court may reside anywhere
    15  in Columbia county, the city court judge who serves in the  office  that
    16  formerly  was  that  of acting judge of the Mechanicville city court may
    17  reside anywhere in Saratoga county, the judges of  the  Ogdensburg  city
    18  court  may  reside  anywhere  in  St. Lawrence county, the judges of the
    19  Rensselaer city court may reside anywhere in Rensselaer county  and  one
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09321-07-3
        A. 6552--B                          2
 
     1  judge  of  the  Cohoes city court and the city court judge who serves in
     2  the office that formerly was that of acting judge of the Watervliet city
     3  court may reside anywhere in Albany county.
     4    § 2. Subdivision (d) of section 2104 of the uniform city court act, as
     5  amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
     6  follows:
     7    (d) The number of judges of the city court in each city  shall  be  as
     8  provided  herein.  Full-time  judgeships are specifically so designated,
     9  all others are part-time:

    10     Par.   Name of city
    11     1    Albany, [four] five full-time [and one part-time];
    12     2    Amsterdam, one full-time and one part-time;
    13     3    Auburn, one full-time and one part-time;
    14     4    Batavia, one full-time and one part-time;
    15     5    Beacon, one full-time and one part-time;
    16     6    Binghamton, [two] three full-time [and one part-time];
    17     7    Buffalo, [thirteen] fourteen full-time;
    18     8    Canandaigua, one full-time and one part-time;
    19     9    Cohoes, two;
    20     10   Corning, one full-time and one part-time;
    21     11   Cortland, one full-time and one part-time;
    22     12   Dunkirk, one full-time and one part-time;
    23     13   Elmira, two full-time;
    24     14   Fulton, one full-time and one part-time;
    25     15   Geneva, three;
    26     16   Glen Cove, two;

    27     17   Glens Falls, one full-time and one part-time;
    28     18   Gloversville, one full-time and one part-time;
    29     19   Hornell, two;
    30     20   Hudson, two;
    31     21   Ithaca, [one] two full-time [and one part-time];
    32     22   Jamestown, [one] two full-time [and one part-time];
    33     23   Johnstown, two;
    34     24   Kingston, [one] two full-time [and one part-time];
    35     25   Lackawanna, one full-time and one part-time;
    36     26   Little Falls, two;
    37     27   Lockport, [one] two full-time [and one part-time];
    38     28   Long Beach, two full-time;
    39     29   Mechanicville, two;
    40     30   Middletown, [one] two full-time [and one part-time];

    41     31   Mount Vernon, three full-time and one part-time;
    42     32   Newburgh, [two] three full-time;
    43     33   New Rochelle, [two] three full-time [and one part-time];
    44     34   Niagara Falls, four full-time;
    45     35   North Tonawanda, one full-time and one part-time;
    46     36   Norwich, [two] one full-time and one part-time;
    47     37   Ogdensburg, one full-time and one part-time;
    48     38   Olean, one full-time and one part-time;
    49     39   Oneida, [two] one full-time and one part-time;
    50     40   Oneonta, two;
    51     41   Oswego, one full-time and one part-time;
    52     42   Peekskill, one full-time and one part-time;
    53     43   Plattsburgh, one full-time and one part-time;
    54     44   Port Jervis, two;
    55     45   Poughkeepsie, two full-time;
    56     46   Rensselaer, two;

        A. 6552--B                          3
 
     1     47   Rochester, [nine] ten full-time;
     2     48   Rome, [one] two full-time [and one part-time];
     3     49   Rye, one full-time and one part-time;
     4     50   Salamanca, two;
     5     51   Saratoga Springs, [one] two full-time [and one part-time];
     6     52   Schenectady, [three] four full-time;
     7     53   Sherrill, one;
     8     54   Syracuse, [eight] nine full-time;
     9     55   Tonawanda, one full-time and one part-time;
    10     56   Troy, [one] two full-time and one part-time;
    11     57   Utica, three full-time;
    12     58   Watertown, [one] two full-time [and one part-time];
    13     59   Watervliet, two;

    14     60   White Plains, [three] four full-time [and one part-time];
    15     61   Yonkers, [six] seven full-time.
    16    §  3.  Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
    17  section 2104 of the uniform city court act, as amended by chapter 493 of
    18  the laws of 2006, are amended to read as follows:
    19    (i) by the mayor of the city for which the court on which  he  or  she
    20  will serve has been established, with the advice and consent of the city
    21  council:  part-time  city  court  judge  of Beacon, part-time city court
    22  judge of Corning, part-time city court judge of Cortland, part-time city
    23  court judge of Gloversville, city court judge of Glen Cove who serves in
    24  the office that on June first, two thousand one was an appointive office
    25  pursuant to this subparagraph, [part-time city court  judge  of  Ithaca,

    26  part-time]  city  court judge of Jamestown who serves in the office that
    27  was created during the calendar year commencing January first, two thou-
    28  sand thirteen, part-time city court judge of Olean, city court judges of
    29  Plattsburgh, city court judge of Port Jervis who serves  in  the  office
    30  that  formerly  was that of acting city court judge of Port Jervis, city
    31  court judges of Rye, city court judge of Salamanca  who  serves  in  the
    32  office  that  formerly  was that of acting city court judge of Salamanca
    33  and the [part-time] city court judge of  Watertown  who  serves  in  the
    34  office that on March thirty-first, two thousand fourteen was part-time.
    35    (ii)  by  the city council of the city for which the court on which he
    36  or she will serve has been established: part-time city  court  judge  of

    37  Auburn,  part-time  city  court  judge  of Batavia, part-time city court
    38  judge of Canandaigua, city court judge of Johnstown who  serves  in  the
    39  office  that  formerly was that of acting city court judge of Johnstown,
    40  city court judge of Newburgh who serves in  the  office  that  on  March
    41  thirty-first,  two  thousand  one  was  part-time,  city  court judge of
    42  Norwich who serves in the office that [formerly was that of acting  city
    43  court  judge of Norwich] was created during the calendar year commencing
    44  January first, two thousand thirteen, city court  judges  of  Peekskill,
    45  and city court judges of White Plains.
    46    §  4.  The  opening  paragraph of subparagraph (iii) of paragraph 1 of
    47  subdivision (e) of section 2104  of  the  uniform  city  court  act,  as
    48  amended  by  chapter  493  of  the  laws  of 2006, is amended to read as

    49  follows:
    50    by the mayor of the city for which the court on which he or  she  will
    51  serve  has been established: [part-time city court judge of Binghamton,]
    52  city court judges of Cohoes, part-time  city  court  judge  of  Dunkirk,
    53  part-time  city  court  judge  of Fulton, city court judge of Geneva who
    54  serves in the office that formerly was that of acting city  court  judge
    55  of  Geneva,  city  court  judge of Hornell who serves in the office that
    56  formerly was that of acting city court  judge  of  Hornell,  city  court
        A. 6552--B                          4
 
     1  judge  of  Hudson  who  serves  in  the office that formerly was that of
     2  acting city court judge of Hudson, [part-time] city court judge of King-
     3  ston who serves in the office that on March thirty-first,  two  thousand

     4  fourteen  was  part-time, part-time city court judge of Lackawanna, city
     5  court judge of Little Falls who serves in the office that  formerly  was
     6  that  of  acting city court judge of Little Falls, [part-time city court
     7  judge of Lockport,] city court judge of Mechanicville who serves in  the
     8  office  that  formerly  was that of acting city court judge of Mechanic-
     9  ville, [part-time] city court judge of  Middletown  who  serves  in  the
    10  office  that  was  created  during  the calendar year commencing January
    11  first, two thousand  thirteen,  part-time  city  court  judge  of  Mount
    12  Vernon, [part-time] city court judge of New Rochelle [and full-time city
    13  court  judge  of  such  city who serves in the office created during the

    14  calendar year commencing January first, two thousand one] who serves  in
    15  the  office that was created during the calendar year commencing January
    16  first, two thousand thirteen and the city court judge of such  city  who
    17  serves in the office that on January first, two thousand thirteen was an
    18  appointive  office  pursuant  to this subparagraph, part-time city court
    19  judge of North Tonawanda, part-time  city  court  judge  of  Ogdensburg,
    20  part-time  city  court  judge  of  Oneida [who serves in the office that
    21  formerly was that of acting city court  judge  of  Oneida],  city  court
    22  judge  of  Oneonta  who  serves  in the office that formerly was that of
    23  acting city court judge of Oneonta, part-time city court judge of  Oswe-

    24  go,  city  court  judges of Poughkeepsie, city court judge of Rensselaer
    25  who serves in the office that formerly was that  of  acting  city  court
    26  judge  of  Rensselaer,  [part-time] city court judge of Saratoga Springs
    27  who serves in the office that  was  created  during  the  calendar  year
    28  commencing  January  first,  two thousand thirteen, part-time city court
    29  judge of Tonawanda and city court judge of Watervliet who serves in  the
    30  office  that formerly was that of acting city court judge of Watervliet.
    31  Provided, however, the following special provisions shall be  applicable
    32  in the city of Poughkeepsie:
    33    §  5. Section 221-i of the judiciary law, as amended by chapter 493 of
    34  the laws of 2006, is amended to read as follows:
    35    § 221-i. Salary of judges of the city courts outside the city  of  New

    36  York.  [The] Except as otherwise provided by chapter five hundred sixty-
    37  seven of the laws of two thousand ten, the annual salary of  each  judge
    38  of  a city court outside the city of New York shall be as follows (where
    39  this section provides different salaries for judicial positions  on  the
    40  same  court  having the same title, the greater salary shall be paid the
    41  person holding the position paid the greater salary  on  the  day  imme-
    42  diately preceding the day on which such salaries took effect):
 
    43  City                Title
 
    44  Albany              City Court Judge (FT)              113,900
    45  [Albany             City Court Judge                   54,400]
    46  Amsterdam           City Court Judge (FT)              108,800
    47  Amsterdam           City Court Judge                   27,200

    48  Auburn              City Court Judge (FT)              108,800
    49  Auburn              City Court Judge                   [27,200] 54,400
    50  Batavia             City Court Judge (FT)              108,800
    51  Batavia             City Court Judge                   27,200
    52  Beacon              City Court Judge (FT)              108,800
    53  Beacon              City Court Judge                   27,200
    54  Binghamton          City Court Judge (FT)              108,800
        A. 6552--B                          5
 
     1  [Binghamton         City Court Judge                   54,400]
     2  Buffalo             Chief Judge (FT)                   115,100
     3  Buffalo             City Court Judge (FT)              113,900
     4  Canandaigua         City Court Judge (FT)              108,800
     5  Canandaigua         City Court Judge                   27,200

     6  Cohoes              City Court Judge                   54,400
     7  Corning             City Court Judge (FT)              108,800
     8  Corning             City Court Judge                   27,200
     9  Cortland            City Court Judge (FT)              108,800
    10  Cortland            City Court Judge                   [27,200] 54,400
    11  Dunkirk             City Court Judge (FT)              108,800
    12  Dunkirk             City Court Judge                   27,200
    13  Elmira              City Court Judge (FT)              108,800
    14  Fulton              City Court Judge (FT)              108,800
    15  Fulton              City Court Judge                   27,200
    16  Geneva              City Court Judge                   54,400
    17  Geneva              City Court Judge                   27,200
    18  Glen Cove           City Court Judge                   54,400

    19  Gloversville        City Court Judge (FT)              108,800
    20  Gloversville        City Court Judge                   27,200
    21  Glens Falls         City Court Judge (FT)              108,800
    22  Glens Falls         City Court Judge                   27,200
    23  Hornell             City Court Judge                   54,400
    24  Hornell             City Court Judge                   27,200
    25  Hudson              City Court Judge                   54,400
    26  Hudson              City Court Judge                   27,200
    27  Ithaca              City Court Judge (FT)              108,800
    28  [Ithaca             City Court Judge                   54,400]
    29  Jamestown           City Court Judge (FT)              108,800
    30  [Jamestown          City Court Judge                   54,400]
    31  Johnstown           City Court Judge                   54,400

    32  Johnstown           City Court Judge                   27,200
    33  Kingston            City Court Judge (FT)              108,800
    34  [Kingston           City Court Judge                   54,400]
    35  Lackawanna          City Court Judge (FT)              108,800
    36  Lackawanna          City Court Judge                   54,400
    37  Lockport            City Court Judge (FT)              108,800
    38  [Lockport           City Court Judge                   54,400]
    39  Long Beach          City Court Judge (FT)              118,300
    40  Little Falls        City Court Judge                   27,200
    41  Mechanicville       City Court Judge                   27,200
    42  Middletown          City Court Judge (FT)              108,800
    43  [Middletown         City Court Judge                   54,400]
    44  Mount Vernon        City Court Judge (FT)              118,300

    45  Mount Vernon        City Court Judge                   54,400
    46  Newburgh            City Court Judge (FT)              108,800
    47  Niagara Falls       Chief Judge (FT)                   115,100
    48  Niagara Falls       City Court Judge (FT)              113,900
    49  Norwich             City Court Judge (FT)              [54,400] 108,800
    50  Norwich             City Court Judge                   27,200
    51  New Rochelle        City Court Judge (FT)              118,300
    52  [New Rochelle       City Court Judge                   54,400]
    53  North Tonawanda     City Court Judge (FT)              108,800
    54  North Tonawanda     City Court Judge                   54,400
    55  Ogdensburg          City Court Judge (FT)              108,800
    56  Ogdensburg          City Court Judge                   27,200
        A. 6552--B                          6
 

     1  Olean               City Court Judge (FT)              108,800
     2  Olean               City Court Judge                   27,200
     3  Oneida              City Court Judge (FT)              [54,400] 108,800
     4  Oneida              City Court Judge                   27,200
     5  Oneonta             City Court Judge                   54,400
     6  Oneonta             City Court Judge                   27,200
     7  Oswego              City Court Judge (FT)              108,800
     8  Oswego              City Court Judge                   27,200
     9  Peekskill           City Court Judge (FT)              108,800
    10  Peekskill           City Court Judge                   54,400
    11  Poughkeepsie        City Court Judge (FT)              108,800
    12  Plattsburgh         City Court Judge (FT)              108,800
    13  Plattsburgh         City Court Judge                   27,200

    14  Port Jervis         City Court Judge                   54,400
    15  [Port Jervis        City Court Judge                   27,200]
    16  Rensselaer          City Court Judge                   54,400
    17  Rensselaer          City Court Judge                   27,200
    18  Rochester           Chief Judge (FT)                   115,100
    19  Rochester           City Court Judge (FT)              113,900
    20  Rome                City Court Judge (FT)              113,900
    21  [Rome               City Court Judge                   54,400]
    22  Rye                 City Court Judge (FT)              108,800
    23  Rye                 City Court Judge                   [27,200] 54,400
    24  Salamanca           City Court Judge                   54,400
    25  Salamanca           City Court Judge                   27,200

    26  Saratoga Springs    City Court Judge (FT)              108,800
    27  [Saratoga Springs   City Court Judge                   54,400]
    28  Schenectady         City Court Judge (FT)              108,800
    29  Sherrill            City Court Judge                   27,200
    30  Syracuse            Chief Judge (FT)                   115,100
    31  Syracuse            City Court Judge (FT)              113,900
    32  Tonawanda           City Court Judge (FT)              108,800
    33  Tonawanda           City Court Judge                   54,400
    34  Troy                City Court Judge (FT)              113,900
    35  Troy                City Court Judge                   81,600
    36  Utica               Chief Judge (FT)                   115,100
    37  Utica               City Court Judge (FT)              113,900
    38  Watertown           City Court Judge (FT)              108,800

    39  [Watertown          City Court Judge                   27,200]
    40  Watervliet          City Court Judge                   54,400
    41  [Watervliet         City Court Judge                   27,200]
    42  White Plains        City Court Judge (FT)              116,800
    43  [White Plains       City Court Judge                   54,400]
    44  Yonkers             Chief Judge (FT)                   119,500
    45  Yonkers             City Court Judge (FT)              118,300
    46    §  6.  Transition.  Notwithstanding  any  other  provision of law, for
    47  purposes of this act:
    48    (a) On the effective date of this section:
    49    (i) each of the following part-time judgeships shall be abolished  and
    50  replaced  by  a  full-time  judgeship: the part-time city court judge of
    51  Albany, the part-time city court judge of Binghamton, the part-time city

    52  court judge of Ithaca, the part-time city court judge of Jamestown,  the
    53  part-time  city  court judge of Kingston, the part-time city court judge
    54  of Lockport, the part-time city judge of Middletown, the part-time  city
    55  court  judge  of New Rochelle, the part-time city court judge of Norwich
    56  whose office is paid the greater compensation on such  date,  the  part-
        A. 6552--B                          7
 
     1  time city court judge of Oneida whose office is paid the greater compen-
     2  sation  on  such date, the part-time city court judge of Rome, the part-
     3  time city court judge of Saratoga  Springs,  the  part-time  city  court
     4  judge  of  Watertown and the part-time city court judge of White Plains.
     5  Each person in a judgeship abolished by this subdivision shall  continue
     6  in  service  in  the  full-time  judgeship  that replaces such abolished

     7  judgeship hereunder for the remainder of the term of office to which  he
     8  or  she was selected in such abolished judgeship except that the persons
     9  who continue in service in the full-time  judgeships  that  replace  the
    10  abolished  judgeships  in  the  city  courts of Binghamton and Lockport,
    11  respectively, shall do so until the thirty-first day  of  December  next
    12  succeeding the date on which such term of office would otherwise expire;
    13  and
    14    (ii) the office of the elected part-time city court judge of Salamanca
    15  shall  receive the increase in compensation provided in section 221-i of
    16  the judiciary law as amended by section five of this act.
    17    (b) The new offices of full-time city court judge  in  the  cities  of
    18  Buffalo,  Newburgh,  Rochester, Schenectady, Syracuse, Troy and Yonkers,
    19  respectively, shall first be filled by  election  at  the  next  general

    20  election at which they can be filled for a full term to commence January
    21  first  next thereafter.  For each of the offices of full-time city court
    22  judge established in the cities of Binghamton and Lockport by  paragraph
    23  (i)  of  subdivision (a) of this section, upon the first occurrence of a
    24  vacancy in such office following the effective  date  of  this  section,
    25  such  office shall be filled by election for a term commencing the first
    26  day of January next succeeding the election.
    27    § 7. (a) In the event that the compensation to be paid a  judge  of  a
    28  city  court, as prescribed by this act or any other provision of law, is
    29  lower than the compensation being paid such judge immediately  prior  to
    30  the  effective date of this section, such judge shall, for as long as he
    31  or she holds the office in which he or she is serving on such  effective

    32  date,  receive  such  higher compensation (plus any increases thereto as
    33  shall thereafter be provided by law).
    34    (b) Notwithstanding any provision of this  act,  this  act  shall  not
    35  extend  or  diminish  any term of judicial office commenced prior to the
    36  effective date of this section.
    37    § 8. This act shall take effect on the first of April next  succeeding
    38  the date on which it shall have become a law; provided, however, that no
    39  changes in the number or compensation of judges, as provided in sections
    40  two and five of this act, may take effect in a city in which a full-time
    41  judgeship  replaces  a  part-time  judgeship  pursuant to this act until
    42  authorized under section six of this act.