S3135A-2011 Actions

• May 30, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
• Jan 4, 2012: REFERRED TO JUDICIARY
• Mar 22, 2011: PRINT NUMBER 3135A
• Mar 22, 2011: AMEND AND RECOMMIT TO JUDICIARY
• Feb 9, 2011: REFERRED TO JUDICIARY

S3135A-2011 Memo

BILL NUMBER:S3135A

TITLE OF BILL:
An act
to amend the uniform city court act and chapter 493 of the laws of 2006,
amending the uniform city court act and the judiciary law relating to
judges of city courts, in relation to making the city court judges in
the city of Norwich full-time positions

PURPOSE OR GENERAL IDEA OF BILL:
This bill makes the city court judges in the city of Norwich full-time
positions.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Paragraph 36 of subdivision (d) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws of
2006, is amended to read as follows:

36 Norwich - two full-time:

�2. Section 8 of chapter 493 of the laws of 2006, amending the uniform
city court act and the judiciary law relating to judges of city
courts, is amended to read as follows:

�8. Transition. Notwithstanding any other provision of law, for
purposes of this act:

(a) On the effective date of this section:

(i) in each of the following cities, every acting judgeship shall he
abolished and replaced by a part time judge-ship: Auburn, Beacon,
Canandaigua, Dunkirk, Geneva, Gloversville, Glens Falls, Jamestown,
Johnstown, Lackawanna, Little Falls, Lockport, Mechanicville,
Olean, Oneida, Oswego, Plattsburg, Port Jervis, Rensselaer,
Rye, Salamanca, and Watervliet. Each person serving in a judgeship
hereunder for the remainder of the term of office to which he or she
was selected as acting city court judge: and (ii) each of the
following part time judgeships shall be abolished and replaced by a
full-time judgeship: the part-time city court judge of Amsterdam, the
office of which was filled by election for a term commencing January
1, 2003, the elected city court judge of Batavia, the elected city
court judge of Beacon: the elected city court judge of Corning, the
elected city court judge of Dunkirk, the part-time city court judge
of Elmira, the elected city court judge of Fulton, The part-time city
court judge of Long Beach, the part-time city court judge of Norwich
who serves in the office that formally was that of acting city court
judge of Norwich, the elected city court judge of Ogdensburg, the
elected city court judge of Olean,
the part-time city court judge of Poughkeepsie, the part-time city
court judge of Rye, the part-time city court judge Syracuse, and the
part-time city court judge of White Plains the office of which was
filled by appointment in May 2003. Each person serving in a judgeship
abolished by this subdivision shall continue in service in the
full-time judgeship abolished by this subdivision shall continue in
service in the full-time judgeship that replaces such abolished


judgeship for the remainder of the term of office to which he or she
was selected in the abolished judgeship.

(b) The new office of the full-time city court judge in the
cities of Niagara Falls and Norwich created pursuant to this act
shall first be filled by election at the next general election at
which it can be filled for a full term to commence January first next
thereafter.

JUSTIFICATION:
Presently, the City Court of Norwich is overburdened. Over the last
three years, the overall case load of the court has increased by 16%,
which has affected not only the abilities of the court to operate
efficiently in providing justice but also the community.

The Norwich City Court judge was supposed to play an essential role in
the community-driven Hub Drug Court of Chenango County. The Hub Drug
Court has failed to benefit the community because an essential piece
is missing: Norwich City Court Judge. Making the City Court position
full time would not only remedy the community's missing link but also
offer assistance to other courts such as the Chenango County Family
Court which now has the highest caseload in the state within the
small county category. Currently, none of this is possible with a
part-time judge.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This Act shall take effect immediately and shall be deemed to have
been in full force and in effect on and after April 1, 2007.

S3135A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3135--A
 2011-2012 Regular Sessions
 I N  SENATE
 February 9, 2011
 
 Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
 printed to be committed to the Committee  on  Judiciary  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 AN  ACT  to amend the uniform city court act and chapter 493 of the laws
 of 2006, amending the uniform city court act  and  the  judiciary  law
 relating  to  judges  of  city  courts, in relation to making the city
 court judges in the city of Norwich full-time positions
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  36  of  subdivision (d) of section 2104 of the
 uniform city court act, as amended by chapter 493 of the laws  of  2006,
 is amended to read as follows:

 36   Norwich, two FULL-TIME;
 

S  2. 

Section  8  of  chapter  493  of the laws of 2006, amending the
 uniform city court act and the judiciary law relating to judges of  city
 courts, is amended to read as follows:

 

S  8.  Transition.  Notwithstanding  any  other  provision of law, for
 purposes of this act:

 (a) On the effective date of this section:

 (i) in each of the following cities, every acting judgeship  shall  be
 abolished  and replaced by a part-time judgeship: Auburn, Beacon, Canan
 daigua, Dunkirk, Geneva, Gloversville, Glens  Falls,  Jamestown,  Johns
 town,  Lackawanna,  Little  Falls,  Lockport,  Mechanicville, [Norwich,]
 Olean, Oneida, Oswego, Peekskill, Plattsburgh, Port Jervis,  Rensselaer,
 Rye,  Salamanca and Watervliet. Each person serving in a judgeship abol
 ished by this subdivision shall continue in  service  in  the  part-time
 judgeship  that  replaces  such  abolished  judgeship  hereunder for the
 remainder of the term of office to which  he  or  she  was  selected  as
 acting city court judge; and
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04902-03-1
 
       S. 3135--A                          2
 (ii) each of the following part-time judgeships shall be abolished and
 replaced  by  a  full-time  judgeship: the part-time city court judge of
 Amsterdam, the office of  which  was  filled  by  election  for  a  term
 commencing January 1, 2003, the elected city court judge of Batavia, the
 elected  city  court  judge  of  Beacon, the elected city court judge of
 Canandaigua, the elected city court judge of Corning, the  elected  city
 court  judge  of  Dunkirk, the part-time city court judge of Elmira, the
 elected city court judge of Fulton, the part-time city  court  judge  of
 Long  Beach, THE PART-TIME CITY COURT JUDGE OF NORWICH WHO SERVES IN THE
 OFFICE THAT FORMERLY WAS THAT OF ACTING CITY COURT JUDGE OF NORWICH, the
 elected city court judge of Ogdensburg, the elected city court judge  of
 Olean,  the  part-time  city  court judge of Poughkeepsie, the part-time
 city court judge of Rye, the part-time city court judge of Syracuse, and
 the part-time city court judge of White Plains the office of  which  was
 filled  by  appointment  in May 2003. Each person serving in a judgeship
 abolished by this subdivision shall continue in service in the full-time
 judgeship that replaces such abolished judgeship for  the  remainder  of
 the  term  of  office  to  which he or she was selected in the abolished
 judgeship.
 (b) The new office of full-time city court judge in the [city]  CITIES
 of Niagara Falls AND NORWICH created pursuant to this act shall first be
 filled  by  election  at  the  next  general election at which it can be
 filled for a full term to commence January first next thereafter.
 

S 3. This act shall take effect immediately.

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