Proposes a constitutional amendment to allow a district court judge to temporarily serve as a family court judge in the judicial district of his or her residence.

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S1811-2011 Actions

• Feb 8, 2012: OPINION REFERRED TO JUDICIARY
• Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Jan 4, 2012: REFERRED TO JUDICIARY
• Apr 27, 2011: OPINION REFERRED TO JUDICIARY
• Jan 19, 2011: TO ATTORNEY-GENERAL FOR OPINION
• Jan 13, 2011: REFERRED TO JUDICIARY

S1811-2011 Memo

BILL NUMBER:S1811

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment
to section 26 of article 6 of the constitution, in relation to
authorizing district court judges to serve as family court judges

PURPOSE:
A constitutional amendment to allow a district court judge to serve as
a family court judge in the judicial district of his or her residence.

SUMMARY OF PROVISIONS:
Section 1. Subdivision (h) of section 26 of article 6 of the
constitution is amended to allow a judge of the district court in any
county to be temporarily assigned to the family court in the judicial
district of his or her residence.

Section 2. Resolved (if the Assembly concur), that the foregoing
amendment be referred to the first regular legislative session
convening after the next succeeding general election of members of
the assembly, and, in conformity with section 1 of article 19 of the
constitution, be published for 3 months previous to the time of such
election.

JUSTIFICATION:
New York State allows county court judges to act as and discharge the
duties of family court judges, however, New York State district court
judges seem to have been overlooked. By allowing New York State
district court judges to act as family court judges, case loads and
delays can be reduced and personal attention to each matter can be
increased.

LEGISLATIVE HISTORY:
2010:  S.8300

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the Assembly,
and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

S1811-2011 Text

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

                                    1811

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 13, 2011
                                 ___________

  Introduced  by  Sen. LAVALLE -- 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 section 26 of article 6 of  the  constitution,
    in  relation  to  authorizing district court judges to serve as family
    court judges

    Section 1. Resolved (if the Assembly concur), That  subdivision  h  of
  section  26  of  article  6  of  the  constitution is amended to read as
  follows:

    h. A judge of the district court in any county may perform the  duties
  of office or hold court in any county and may be temporarily assigned to
  the  county  court in the judicial department of his or her residence or
  to a court for the city of New  York  established  pursuant  to  section
  fifteen of this article or to the district court in any county OR TO THE
  FAMILY COURT IN THE JUDICIAL DISTRICT OF HIS OR HER RESIDENCE.
    S  2.  RESOLVED (if the Assembly concur), That the foregoing amendment
  be referred to the first regular legislative session convening after the
  next succeeding general election of members of  the  assembly,  and,  in
  conformity  with  section  1  of  article  19  of  the  constitution, be
  published for 3 months previous to the time of such election.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89086-01-1