A10727-2011 Actions

• Jun 25, 2012: opinion referred to judiciary
• Jun 20, 2012: to attorney-general for opinion
• Jun 18, 2012: referred to judiciary

A10727-2011 Text

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

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