Relates to allowing city court judges to perform the duties of their position between ages 70 and 76 where they are certified to be mentally and physically able and competent.
STATE OF NEW YORK
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6666
2019-2020 Regular Sessions
IN ASSEMBLY
March 14, 2019
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the judiciary law, in relation to allowing city court
judges to perform the duties of their position between ages 70 and 76
where they are certified to be mentally and physically able and compe-
tent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The judiciary law is amended by adding a new section 115-a
2 to read as follows:
3 § 115-a. Retired city court judges. 1. Any city court judge, retired
4 pursuant to section twenty-three of this chapter, may, upon his or her
5 application, be certified by the administrative board for service as a
6 retired city court judge upon findings (a) that he or she has the mental
7 and physical capacity to perform the duties of such office and (b) that
8 his or her services are necessary to expedite the business of the court
9 for the city within which he or she resides. A copy of such certificate
10 shall be filed with the appellate division of the department in which
11 such retired justice resides and in the office of court administration.
12 2. Any such certification shall be valid for a term of two years
13 beginning on the date of filing the certificate. At the expiration of
14 such term the retired judge may be certified for additional terms of two
15 years each by the administrative board upon findings of continued mental
16 and physical capacity and need for his or her services. No retired judge
17 may serve under any such certification beyond the last day of December
18 in the year in which he or she reaches the age of seventy-six.
19 3. A retired judge so certified shall for all purposes including
20 powers, duties, salary status and rights, be a city court in the
21 district in which he or she resides when so certified. A retired judge
22 shall be subject to assignment by the appellate division of the supreme
23 court of the judicial department of his or her residence.
24 4. This section shall not apply to any judge of a court for the city
25 of New York.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09900-02-9
