A05983 Summary:
BILL NO | A05983 |
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SAME AS | SAME AS S06061 |
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SPONSOR | Lavine |
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COSPNSR | Peoples-Stokes |
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MLTSPNSR | |
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Amd §68, Judy L | |
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Provides for appointments to the office of associate judge of the court of appeals where the vacancy is caused by governor's appointment, upon advice and consent of the senate, for chief judge of the court of appeals. |
A05983 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A5983 SPONSOR: Lavine
  TITLE OF BILL: An act to amend the judiciary law, in relation to appointments to the office of associate judge of the court of appeals   PURPOSE: This legislation would amend the Judiciary Law to remove unnecessary delays and streamline the judicial appointment process when the Governor is required to fill a vacancy for Chief Judge and then subsequently fill a vacancy for the sitting Associate Judge who was nominated for the role of Chief Judge.   SUMMARY OF PROVISIONS: Adds a new subdivision 2-a to Judiciary Law § 68 to provide that where a vacancy for Associate Judge of the Court of Appeals is created by the nomination of an Associate Judge to the position of Chief Judge, the Governor may make an appointment for the vacancy from among the Commis- sion on Judicial Nomination's recommendations for the preceding Chief Judge vacancy.   EXISTING LAW: The current Judiciary Law § 68 provides for procedures where vacancies occur in the offices of the Chief Judge and Associate Judge of the Court of Appeals whether by expiration of term or other than by expiration of term; and when the Senate is in session or not in session.   JUSTIFICATION: The current Judiciary Law § 68 does not take into consideration a nomi- nation for Chief Judge that causes an immediate additional vacancy on the Court of Appeals. This change would allow the Governor to nominate an Associate Judge from among the Commission of Judicial Nomination's recommendations for Chief Judge, where the appointment of a sitting Associate Judge creates such a vacancy. Amending this law will prevent the Court of Appeals from unnecessarily operating for an extended period of time without a full bench, which results in split decisions and delays in the important work of the court. The Governor would retain the ability to notify the Commission of a vacancy to generate a new list if the Governor does not wish to fill the vacancy from the recommendations for Chief Judge. Permitting the Governor to make an additional selection from the already approved list of qualified, recommended candidates for Chief Judge expedites the lengthy process currently required and promotes judicial efficiency.   LEGISLATIVE HISTORY: This is a new bill.   BUDGET IMPLICATIONS: None.   EFFECTIVE DATE: The legislation would be effective immediately.
A05983 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5983 2023-2024 Regular Sessions IN ASSEMBLY March 28, 2023 ___________ Introduced by M. of A. LAVINE -- (at request of the Governor) -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to appointments to the office of associate judge of the court of appeals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 68 of the judiciary law is amended by adding a new 2 subdivision 2-a to read as follows: 3 2-a. Whenever the governor's appointment, upon advice and consent of 4 the senate, for chief judge of the court of appeals, causes a vacancy in 5 the office of associate judge of the court of appeals, the governor may 6 make an appointment for the associate judge vacancy from among the 7 commission's recommendations for the preceding chief judge vacancy, 8 provided that the associate judge vacancy occurs within sixty days from 9 the promulgation of recommendations by the commission for the preceding 10 chief judge vacancy. The governor may make such appointment immediately 11 upon the occurrence of the associate judge vacancy. If the governor does 12 not appoint a nominee from among those recommended for the preceding 13 chief judge vacancy within fifteen days of the occurrence of the associ- 14 ate judge vacancy, or upon notice from the governor, whichever occurs 15 sooner, the clerk of the court of appeals shall notify the commission of 16 the vacancy. Notwithstanding any other limitations of time established 17 by this section, the commission shall make its recommendations to the 18 governor no later than one hundred twenty days after receipt of such 19 notice, and the governor shall make his or her appointment from among 20 those persons recommended to him or her by the commission no sooner than 21 fifteen days nor later than thirty days after receipt of the commis- 22 sion's recommendations. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12004-01-3