S T A T E   O F   N E W   Y O R K
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                                  10727

                          I N  A S S E M B L Y

                              June 18, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- (at request of the Office of Court Administration) -- read once and
  referred to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to sections 2  and  25  of  article  6  and  adding
  section  36-d  to  such  article  of  the constitution, in relation to
  retirement of judges and justices

  Section 1. RESOLVED (if the Senate  concur),  That  subdivision  e  of
section  2  of  article  6  of  the  constitution  be amended to read as
follows:
  e. The governor shall appoint, with the  advice  and  consent  of  the
senate,  from among those recommended by the judicial nominating commis-
sion, a person to fill the office of chief judge or associate judge,  as
the  case  may  be,  whenever  a vacancy occurs in the court of appeals;
provided, however, that no person may be appointed a judge of the  court
of appeals unless such person is a resident of the state [and], has been
admitted to the practice of law in this state for at least ten years AND
WHO  HAS NOT REACHED THE LAST DAY OF DECEMBER IN THE YEAR IN WHICH HE OR
SHE REACHES THE AGE OF SEVENTY.   The governor  shall  transmit  to  the
senate  the  written  report  of  the  commission on judicial nomination
relating to the nominee.
  S 2.  RESOLVED (if the Senate concur), That subdivision b  of  section
25 of article 6 of the constitution be amended to read as follows:
  b.  1.  Each  [judge  of the court of appeals,] justice of the supreme
court, judge of the court of claims, judge of the county court, judge of
the surrogate's court, judge of the family court, judge of a  court  for
the  city  of  New  York established pursuant to section fifteen of this
article [and], judge of the district court AND JUDGE  OF  A  CITY  COURT
OUTSIDE THE CITY OF NEW YORK shall retire on the last day of December in
the  year  in  which he or she reaches the age of seventy. EACH JUDGE OF
THE COURT OF APPEALS SHALL RETIRE ON THE LAST DAY  OF  DECEMBER  IN  THE
YEAR IN WHICH HE OR SHE REACHES THE AGE OF EIGHTY.
  2.  Each  [such] former [judge of the court of appeals and] justice of
the supreme court may thereafter perform the duties of a justice of  the
supreme court, with power to hear and determine actions and proceedings,
provided,  however, that it shall be certificated in the manner provided
by law that the services of such [judge or]  justice  are  necessary  to
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89164-01-2

A. 10727                            2

expedite  the  business  of the court and that he or she is mentally and
physically able and competent to perform the full duties of such office.
Any such certification shall be valid for a term of two years and may be
extended  as  provided  by  law  for  additional  terms  of two years. A
[retired judge or] justice shall serve no longer than until the last day
of December in the year in which he or she reaches the age of  [seventy-
six]  EIGHTY.  A retired judge or justice shall be subject to assignment
by the appellate division of the supreme court of the  judicial  depart-
ment  of his or her residence.  Any retired justice of the supreme court
who had been designated to and served as  a  justice  of  any  appellate
division  immediately  preceding  his or her reaching the age of seventy
shall be eligible for designation by the  governor  as  a  temporary  or
additional justice of the appellate division. A retired judge or justice
shall not be counted in determining the number of justices in a judicial
district for purposes of subdivision d of section six of this article.
  3.  EACH  FORMER  JUDGE  OF  THE  COURT OF CLAIMS, JUDGE OF THE COUNTY
COURT, JUDGE OF THE SURROGATE'S COURT, JUDGE OF THE FAMILY COURT,  JUDGE
OF  A  COURT  FOR  THE  CITY OF NEW YORK ESTABLISHED PURSUANT TO SECTION
FIFTEEN OF THIS ARTICLE, JUDGE OF THE DISTRICT COURT AND JUDGE OF A CITY
COURT OUTSIDE THE CITY OF NEW YORK MAY THEREAFTER PERFORM THE DUTIES  OF
A  JUDGE  OF  THE  COURT  FROM  WHICH  SUCH JUDGE RETIRED, INCLUDING THE
PERFORMANCE OF ANY TEMPORARY ASSIGNMENT AUTHORIZED FOR A JUDGE  OF  SUCH
COURT  BY  THE  PROVISIONS  OF  SECTION TWENTY-SIX OF THIS ARTICLE, WITH
POWER TO HEAR AND DETERMINE ACTIONS; PROVIDED, HOWEVER, THAT IT SHALL BE
CERTIFICATED IN THE MANNER PROVIDED BY LAW THAT  THE  SERVICES  OF  SUCH
JUDGE ARE NECESSARY TO EXPEDITE THE OPERATION OF THE COURT FROM WHICH HE
OR  SHE  RETIRED  AND THAT HE OR SHE IS MENTALLY AND PHYSICALLY ABLE AND
COMPETENT TO PERFORM THE FULL DUTIES OF SUCH OFFICE.  ANY  SUCH  CERTIF-
ICATION  SHALL  BE  VALID FOR A TERM OF TWO YEARS AND MAY BE EXTENDED AS
PROVIDED BY LAW FOR ADDITIONAL TERMS OF TWO YEARS. A JUDGE  SHALL  SERVE
NO LONGER THAN UNTIL THE LAST DAY OF DECEMBER IN THE YEAR IN WHICH HE OR
SHE  REACHES  THE AGE OF SEVENTY-SIX. A RETIRED JUDGE CERTIFICATED UNDER
THIS PARAGRAPH SHALL  BE  SUBJECT  TO  ASSIGNMENT,  INCLUDING  TEMPORARY
ASSIGNMENT  PURSUANT  TO SECTION TWENTY-SIX OF THIS ARTICLE, IN THE SAME
MANNER AS A JUDGE OF THE COURT FROM WHICH SUCH JUDGE RETIRED. A  RETIRED
JUDGE  SHALL  NOT BE COUNTED IN DETERMINING THE NUMBER OF JUDGES AUTHOR-
IZED BY LAW.
  S 3. RESOLVED (if the Senate concur), That article 6 of the  constitu-
tion be amended by adding a new section 36-d to read as follows:
  S 36-D. THE AMENDMENTS TO SUBDIVISION E OF SECTION TWO AND SUBDIVISION
B  OF  SECTION  TWENTY-FIVE OF ARTICLE SIX OF THE CONSTITUTION, AS FIRST
PROPOSED BY A CONCURRENT RESOLUTION PASSED BY  THE  LEGISLATURE  IN  THE
YEAR  TWO THOUSAND TWELVE, ENTITLED "CONCURRENT RESOLUTION OF THE SENATE
AND ASSEMBLY PROPOSING AMENDMENTS TO SECTIONS 2 AND 25 OF ARTICLE  6  OF
THE  CONSTITUTION,  IN  RELATION TO RETIREMENT OF JUDGES" SHALL BECOME A
PART OF THE CONSTITUTION ON THE FIRST DAY  OF  JANUARY  NEXT  AFTER  THE
APPROVAL  AND RATIFICATION OF THE AMENDMENTS PROPOSED BY SUCH CONCURRENT
RESOLUTION BY THE PEOPLE AND THE PROVISIONS THEREOF SHALL BECOME  EFFEC-
TIVE ON SUCH DATE EXCEPT THAT THE AMENDMENTS TO SUBDIVISION B OF SECTION
TWENTY-FIVE  OF  THIS ARTICLE SHALL NOT BECOME EFFECTIVE UNTIL THE FIRST
DAY OF JANUARY IN THE YEAR TWO THOUSAND FIFTEEN.
  S 4. RESOLVED (if the Senate concur), That the foregoing  be  referred
to  the  first  regular  legislative  session  convening  after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.