STATE OF NEW YORK
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4934
2013-2014 Regular Sessions
IN SENATE
May 1, 2013
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Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 6 of the constitution, in relation to
retirement of judges and justices
1 Section 1. Resolved (if the Assembly concur), That subdivision b of
2 section 25 of article 6 of the constitution be amended to read as
3 follows:
4 b. Each judge of the court of appeals[,] shall retire on the last day
5 of December in the year in which he or she reaches the age of seventy
6 and each justice of the supreme court, judge of the court of claims,
7 judge of the county court, judge of the surrogate's court, judge of the
8 family court, judge of a court for the city of New York established
9 pursuant to section fifteen of this article [and], judge of the district
10 court and judge of a city court outside the city of New York shall
11 retire on the last day of December in the year in which he or she
12 reaches the age of [seventy] seventy-four. Each such former judge of the
13 court of appeals and justice of the supreme court may thereafter perform
14 the duties of a justice of the supreme court, with power to hear and
15 determine actions and proceedings, provided, however, that it shall be
16 certificated in the manner provided by law that the services of such
17 judge or justice are necessary to expedite the business of the court and
18 that he or she is mentally and physically able and competent to perform
19 the full duties of such office. Any such certification shall be valid
20 for a term of two years and may be extended as provided by law for addi-
21 tional terms of two years. A retired judge or justice shall serve no
22 longer than until the last day of December in the year in which he or
23 she reaches the age of [seventy-six] eighty. A retired judge or justice
24 shall be subject to assignment by the appellate division of the supreme
25 court of the judicial department of his or her residence. Any retired
26 justice of the supreme court who had been designated to and served as a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89114-01-3
S. 4934 2
1 justice of any appellate division immediately preceding his or her
2 reaching the age of [seventy] seventy-four shall be eligible for desig-
3 nation by the governor as a temporary or additional justice of the
4 appellate division. A retired judge or justice shall not be counted in
5 determining the number of justices in a judicial district for purposes
6 of subdivision d of section six of this article.
7 § 2. Resolved (if the Assembly concur), That article 6 of the consti-
8 tution be amended by adding a new section 36-d to read as follows:
9 § 36-d. a. The amendments to subdivision b of section twenty-five of
10 this article, as first proposed by a concurrent resolution passed by the
11 legislature in the year two thousand thirteen, entitled "Concurrent
12 Resolution of the Senate and Assembly proposing an amendment to section
13 25 of article 6 of the constitution, in relation to retirement of judges
14 and justices," shall become a part of the constitution on the first day
15 of September next after the approval and ratification of the amendments
16 proposed by such concurrent resolution by the people and the provisions
17 thereof shall become effective on such date.
18 b. Where a former judge of the court of appeals or justice of the
19 supreme court who, pursuant to the provisions of subdivision b of
20 section twenty-five of this article in effect on August thirty-first,
21 two thousand sixteen, is performing the duties of a justice of the
22 supreme court or of a temporary or additional justice of the appellate
23 division, he or she shall, for the remainder of the two-year term for
24 which he or she shall have been certificated, continue performing such
25 duties. At the expiration of such term, his or her certification may be
26 extended for additional terms of two years in accordance with the
27 provisions of subdivision b of section twenty-five of this article in
28 effect on September first, two thousand sixteen.
29 § 3. Resolved (if the Assembly concur), That the foregoing amendments
30 be referred to the first regular legislative session convening after the
31 next succeeding general election of members of the assembly, and, in
32 conformity with section 1 of article 19 of the constitution, be
33 published for 3 months previous to the time of such election.
