S2478-2013 Actions

• Jan 17, 2013: REFERRED TO JUDICIARY

S2478-2013 Memo

BILL NUMBER:S2478

TITLE OF BILL:  An act to amend the judiciary law, in relation to the
number of justices of the supreme court in the second and thirteenth
judicial districts

PURPOSE:  To increase the number of Justices in the 13th Judicial
District to ten and to increase the number of Justices in the 2nd
Judicial District to fifty-two.

SUMMARY OF PROVISIONS:!

Section one amends subdivision 2 and 13 of section 140-a of the
Judiciary Law as added by Chapter 690 of the Laws of 2007 to increase
the number of Justices in the 13th Judicial District to ten and to
increase the number of Justices in the 2nd Judicial District to
fifty-two.

Section two allows Justice Thomas P. Aliotta, and his successor in
office on the effective date of this act shall for the remainder of
the term for which he or she was elected or appointed to be a justice
of the supreme court in and for the 13th Judicial District.

Section three requires 2 additional justices of the Supreme court in
the 13th District and 2 additional Justices in the 2nd Judicial
District provided for in section one of this act shall first be
elected at the general election in held in November 2014 and shall
first take office January 1, 2015. Another 3 additional Justices of
the Supreme Court in the 13th District and two Justices of the Supreme
Court in the 2nd District provided for in section one of this act
shall first be elected at the general election in held in November
2015 and shall first take office January 1, 2016. The remaining
Justice for the 13th District shall first be elected at the general
election in held in November 2016 and shall first take office January
1, 2017.

Section four is an immediate effective date.

JUSTIFICATION:  On December 5, 2007, the Governor signed legislation,
Chapter 690 of the Laws of 2007 creating the 13th Judicial District.
Under this law, Staten Island (Richmond County) was allowed to have to
have three Supreme Court Justices. Under the State Constitution, a
Supreme Court District must have one Justice for every 50,000
residents. Based on the most recent U.S. Census data, Staten Island is
allowed 10 Justices. By increasing the number of Justices authorized
by the New York Constitution, Staten Island should receive more judges
to handle ever-heavier caseloads. This bill is the final step in the
process to give Staten Island the required 10 Justice positions for
the 13th Judicial District. The bill will also authorize four Supreme
Court Justices to the 2nd Judicial District.

LEGISLATIVE HISTORY:  2012: S.4225 Passed Senate/A.7481 - Referred to
Judiciary 2011: S.7481- Passed Senate/A.7481 -Referred to Judiciary
2010: S.615-Referred to Judiciary /A.4049 - Referred to Judiciary
2009: S.615-Referred to Judiciary /A.4049 - Referred to Judiciary
2008: S.6754- Passed Senate/A.11142- Referred to Judiciary


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

S2478-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2478
 2013-2014 Regular Sessions
 I N  SENATE
 January 17, 2013
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary
 

AN ACT to amend the judiciary law, in relation to the number of justices
 of the supreme court in the second and thirteenth judicial districts
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivisions  2  and 13 of section 140-a of the judiciary
 law, subdivision 2 as amended and subdivision 13 as added by chapter 690
 of the laws of 2007, are amended to read as follows:

 2. Second district, [forty-nine] FIFTY-TWO;
 13. Thirteenth district, [three] TEN.
 

S 2. Justice Thomas P. Aliotta, and his successor  in  office  on  the
 effective date of this act shall for the remainder of the term for which
 he  or she was elected or appointed be a justice of the supreme court in
 and for the thirteenth judicial district.
 

S 3. Two of the additional justices of the supreme court in the  thir
 teenth  judicial  district  and  two  additional justices of the supreme
 court in the second judicial district provided for  by  section  one  of
 this  act  shall  first be elected at the general election to be held in
 November 2014 and shall first take office January 1, 2015. Another three
 of the additional justices of the supreme court in the thirteenth  judi
 cial  district  and  the  other two justices of the supreme court in the
 second judicial district provided for by section one of this  act  shall
 first be elected at the general election to be held in November 2015 and
 shall  first  take  office  January  1,  2016.  The remaining additional
 justice of  the  supreme  court  in  the  thirteenth  judicial  district
 provided  for  by  section one of this act shall first be elected at the
 general election to be held in November 2016 and shall first take office
 January 1, 2017.
 

S 4. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05442-02-3

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