Bill S349-2013

Proposes 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

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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  • Feb 21, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S349

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: 2011-12 S.1811; 2010 S.8300

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 349 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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 be 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. LBD89045-02-3

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