Bill S2549-2013

Proposes a constitutional amendment in relation to eliminating mandatory retirement for judges

Eliminates the mandatory retirement for judges.

Details

Actions

  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 15, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 23, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 18, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S2549

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 25 of article 6 of the constitution, in relation to eliminating mandatory retirement for judges

PURPOSE: To eliminate the New York State constitutional requirement mandating that New York State judges retire at the age of 70

SUMMARY OF PROVISIONS: This resolution would eliminate the mandate requiring New York State judges to retire at the age of 70 by removing sections 25(b) and (c) from Article VI from the New York State Constitution.

EXISTING LAW: Article VI Sections 25 (b) and (c) mandate that New York State judges retire at age 70 and outlines limited exceptions to this requirement.

JUSTIFICATION: Age discrimination has no place in the workforce. Yet the New York State Constitution mandates that all New York State judges retire when they reach the age of 70. This sends a terrible message that those over the age of 70 do not have the mental capacity to function effectively in the workplace or handle complex tasks.

In the past 50 years 19 Court of Appeals judges, and countless lower court judges, have been forced to retire due to this arbitrary age limit. Federal judges, on the other hand, including those in United States Supreme Court, have worked well into their 80's with no problems. There is no valid justification as to why New York State judges should be forced to retire,

LEGISLATIVE HISTORY: 2009: S.6254 (Duane) Attorney General's Opinion Referred to Judiciary 2010: S.6254 (Duane) Attorney General's Opinion Referred to Judiciary

FISCAL IMPLICATIONS: Minimal.

LOCAL FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: Resolved, the Assembly concur that this amendment be referred to the first 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 three months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 2549 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________
Introduced by Sen. HOYLMAN -- 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 25 of article 6 of the constitution, in relation to eliminating mandatory retirement for judges Section 1. RESOLVED (if the Assembly concur), That section 25 of arti- cle 6 of the constitution be amended to read as follows: S 25. [a.] The compensation of a judge of the court of appeals, a justice of the supreme court, a judge of the court of claims, a judge of the county court, a judge of the surrogate's court, a judge of the fami- ly court, a judge of a court for the city of New York established pursu- ant to section fifteen of this article, a judge of the district court or of a retired judge or justice shall be established by law and shall not be diminished during the term of office for which he or she was elected or appointed. Any judge or justice of a court abolished by section thir- ty-five of this article, who pursuant to that section becomes a judge or justice of a court established or continued by this article, shall receive without interruption or diminution for the remainder of the term for which he or she was elected or appointed to the abolished court the compensation he or she had been receiving upon the effective date of this article together with any additional compensation that may be prescribed by law. [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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89048-01-3 S. 2549 2 that the services of such judge or justice are necessary to 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. 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 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 divi- sion. 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. c. The provisions of this section shall also be applicable to any judge or justice who has not reached the age of seventy-six and to whom it would otherwise have been applicable but for the fact that he or she reached the age of seventy and retired before the effective date of this article.] 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 three months previous to the time of such election.

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