Requires at least one supreme court justice to be assigned to hold court in each county in a judicial district.
TITLE OF BILL: An act to amend the judiciary law, in relation to requiring the designation and assignment of not less than one supreme court justice to hold court in the county seat of each county within the judicial district
PURPOSE: To provide that a supreme court judge holds court at the county seat of each county in the judicial district.
SUMMARY OF PROVISIONS: Amends the judiciary law by adding that the justices of the appellate division shall assign at least one supreme court justice to hold court at the county seat of each of the counties in the judicial district.
JUSTIFICATION: This legislation would provide that smaller populated counties within a judicial district are provided fair access to judicial court proceedings.
Many of the larger counties within a judicial district have increasingly elected Judges from their counties thus preventing equal access to court proceedings for people living in less populated counties. This bill would ensure less populated counties will have access to Supreme Court proceedings within their own county regardless of where the Supreme Court Justice resides.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3450 2011-2012 Regular Sessions IN SENATE February 22, 2011 ___________Introduced by Sen. GRIFFO -- 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 requiring the desig- nation and assignment of not less than one supreme court justice to hold court in the county seat of each county within the judicial district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 86 of the judiciary law, as amended by chapter 692 of the laws of 1962, is amended to read as follows: The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms of the supreme court held therein, and to assign the justices in the departments to hold such terms; or make rules therefor; and may from time to time make additional appointments and designations, or change or alter those already made. HOWEVER, FROM THE SUPREME COURT JUSTICES OF EACH JUDICIAL DISTRICT, THE JUSTICES OF THE APPELLATE DIVISION SHALL DESIGNATE AND ASSIGN AT LEAST ONE SUPREME COURT JUSTICE TO HOLD COURT AT THE COUNTY SEAT OF EACH OF THE COUNTIES IN THE JUDICIAL DISTRICT. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05582-01-1