A8469-2011 Actions

• Jun 23, 2011: substituted by s5827
• Jun 23, 2011: rules report cal.603
• Jun 23, 2011: reported
• Jun 20, 2011: reported referred to rules
• Jun 17, 2011: referred to judiciary

A8469-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8469
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 17, 2011
 
 Introduced  by  M. of A. WEINSTEIN, LANCMAN -- read once and referred to
 the Committee on Judiciary
 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 proposing an amendment to section 2 of article 6 of the constitution, in
 relation to persons appointed to the court of appeals,  and  proposing
 an  amendment  to  section  25  of  article  6 of the constitution, in
 relation to service by retired justices and requiring  judges  of  the
 court of appeals to retire at age 80
 

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. 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 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.  Each  [such]  former
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89023-02-1
 
       A. 8469                             2
 [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 expedite the  busi
 ness 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 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 [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 department of his or her
 residence.  Any retired justice of the supreme court who had been desig
 nated 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.
 

S  3.  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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