Relates to judges of city courts.
Sponsor: BONACIC / Committee: JUDICIARY
Law Section: Uniform City Court Act / Law: Amd S2104, UCCA; amd S221-i, Judy L
Sponsor: BONACIC / Committee: JUDICIARY
Law Section: Uniform City Court Act / Law: Amd S2104, UCCA; amd S221-i, Judy L
S4043-2013 Actions
- Apr 15, 2013: PRINT NUMBER 4043A
- Apr 15, 2013: AMEND AND RECOMMIT TO JUDICIARY
- Mar 5, 2013: REFERRED TO JUDICIARY
S4043-2013 Memo
BILL NUMBER:S4043 REVISED 3/20/13
TITLE OF BILL: An act to amend the uniform city court act and the
judiciary law, in relation to judges of city courts
This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge upon the recommendation
of the latter's Ad Hoc City Court Advisory Committee. It proposes
modifications in many City Court judgeships including, in some
instances, conversion of part-time positions to full-time status. It
is a follow-up to similar legislation enacted in 1988, 1995, 2001 and
2006.
I. PROPOSAL
For more than 30 years following the State takeover of local court
funding (see L. 1976, c. 966; Judiciary Law � 39), the Judiciary and
the Legislature have collaborated closely to ensure that the structure
and resources of the State's 61 City Courts outside New York City are
well-suited to community needs. Every four or five years, this Office,
with the assistance of a committee of sitting City Court judges
representative of all regions of the State and courts of varying
sizes, undertakes a detailed study of City Court operations around the
State. This study produces a series of recommendations for reform,
which then are passed on to the Legislature for its approval{1}.
Originally intended as a means by which to permit the Legislature
fairly to determine applications by individual city courts for
judgeship upgrades in light of their new status as State courts, this
collaboration has grown increasingly more important as the years have
gone by and the City Courts have taken on more prominent and more
complex roles in the criminal justice system. Today, in 2013, these
courts are on the front-line of that system. Along with the Justice
Courts, they preside over nearly all preliminary felony proceedings
brought outside New York City and oversee the prosecution of most of
the region's quality of life offenses. As importantly, City Courts
have become an important arena in the State's twin battles against
drug crime and family violence. Across the State, many City Courts
have been designated as regional Drug Courts to preside over drug
prosecutions commenced both in their respective cities and in
surrounding towns and villages, refashioning the paradigm for drug
crime adjudication and contributing mightily to significant reductions
in recidivism and public expense that judicially-supervised treatment
methodologies - the hallmark of Drug Courts - can offer. At the same
time, some City Courts have been designated as Domestic Violence
courts - giving them critical responsibility for superintending
community response to family violence. Other City Courts have taken on
other specialized responsibilities, such as presiding over mental
health and teen parts, requiring them to go well beyond the
traditional passive roles expected of the local criminal courts.
Notably, what ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile lives held
in the balance. In these specialized courts, people who have committed
what typically are low-level offenses appear to be judged, and the
court's ability to do this wisely and creatively can often be the
difference between a productive, law-abiding life and one marked by
greater and more serious crimes.
Even while City Court judges serve these critical roles in the
criminal and family justice arenas, they also must oversee all
landlord and tenant litigation in their communities, as well as all
small claims and commercial claims cases. Moreover, those who are
full-time will sometimes be assigned temporarily to service on County
or Family Court where caseload conditions in those courts are such
that added judicial resources are needed.
In short, more so perhaps than as to any other court in our trial
court system, it is vital that City Courts be maintained in a state of
maximum preparedness to cope with their caseloads. As it now is nine
years since the Judiciary last reported on the needs of the City
Courts and six years since the last comprehensive legislative action
with respect to these courts, we have commissioned another ad hoc
advisory committee to study the City Courts and to make
recommendations for any needed changes in their structure. This
committee has met over the course of the last several years and now
has filed its report and recommendations with us.
This measure would give effect to these recommendations. They include:
o Increase allocations of six regular part-time judgeships and convert
twelve such judgeships to full-time status. Current law provides for
one or more part-time City Court judges in 50 City Courts. See Uniform
City Court Act � 2104(c). In some instances, these judges are intended
to supplement the work of the full-time City Court judge or judges of
the court. In other Courts, where there are no full-time City Court
judges, they perform all the judicial work. In all cases, these
part-time judges are compensated in accordance with a salary scale
first fixed by the Legislature in 1984. Under this scale, as it
operates today, part-time judges are compensated for their service in
an amount equal to one-quarter or one-half the salary of a full-time
judge. See Judiciary Law � 221-i. The rate for each position has been.
fixed in accordance with prevailing views as to the level of regular
service that properly can be expected of the judge that fills it {2}.
As the Legislature already has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally,
to change the status of a City Court judgeship from part-time to
full-time. In many instances, changes in local demographics or, more
recently, the nature of the court's workload (e.g., its assumption of
specialty court responsibilities - responsibilities that magnify its
normal workload exponentially) moot the expectations that were the
foundation for a City Court's original judgeship allocation. In most
instances, that allocation was the product of another, past
generation, and instituted when caseloads were smaller and local
governments had to bear the costs of City Court operations. It does
not reflect the reality of those operations in 2013. Accordingly, as
we have done in the past, we now propose a slate of judgeship
adjustments that will bring the City Courts up to date (see Appendix A
for a list): These adjustments include upgrades for selected
one-quarter salaried judgeships and conversion of some 15 part-time
judgeships to full-time status{3}.
o Establish new full-time judgeships. In past submissions of this
nature, we have proposed creation of new judgeships for selected City
Courts. In some instances, court workloads have been such that
upgrades in existing judgeships are neither possible or impractical.
Thus, over the years, we've asked the Legislature to establish new
judgeships in Syracuse, Albany, Schenectady, Buffalo and Rochester -
and the Legislature has complied. In this measure, we do so again, and
for the same reason, in the cities of Buffalo, Newburgh, Rochester,
Schenectady, Syracuse, Troy and Yonkers.
o Expand residency requirement. Under present law, the general rule is
that each City Court judge must reside in the city in which he or she
serves. There are numerous exceptions to this rule, however. In venues
where experience has demonstrated that it is difficult to find a
sufficient pool of lawyers willing to serve on City Court, the
Legislature, with the agreement of local officials, has expanded the
residency requirement, typically to permit the judge of a City Court
in one of those venues to reside anywhere in the surrounding county.
This measure would add to the list of exceptions the City Court of
Watervliet. There, local officials have expressed a wish that the
residency rule permit any resident of Albany County to be eligible to
serve in one of the two judgeships allocated to the Court.
o Change from appointive to elective status for the appointive
judgeships in Ithaca arid Lockport. A preponderance of the State's 163
City Court judges are elected. The remainder are appointed, generally
by City Mayors. This year, at local request - i.e., at the request of
the mayor and City Court judges of each affected City -we are asking
that the existing appointive positions in Ithaca and Lockport be
converted to elective.
II. PROCESS
The Committee's recommendations for City Court judicial personnel
reflect not only the Committee's consideration of a series of
objective criteria but also a process of statewide consultation with
mayors, judges and other stakeholders in the justice system. Among the
quantitative factors the Committee considered in determining the
proper allocation of City Court judgeships are:
* Caseloads - including total cases, cases per capita, and annual
civil, criminal misdemeanor and criminal felony caseload growth
trends;
* Demographics - including population changes, economic factors and
crime predictor data that may presage future caseloads;
* Judicial resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court and Domestic Violence
Court cases) that are resource intensive, the availability of other
judges in the affected City Court and other City Courts in the county,
and the need to temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and
* Facilities - including the suitability and sufficiency of existing
courtrooms and other facilities to accommodate the proposed new and
expanded judgeships.
* * * **
As in the early 1980's, 1994, 1998 and 2003, we offer this proposal
confident that it will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice
in urban communities across New York State. Along with members of our
Ad Hoc Committee, we urge enactment of this measure and look forward
to working with the Legislature to ensure the continued vitality of
New York State's local justice system.
This measure will take effect on April 1 following its enactment.
Accordingly, it will have no fiscal impact on the State in FY 2013-14.
2009-10 Legislative History: Senate 5807-B (Sampson) (PASSED)
Assembly 8976-A (Canestrari) (rept ref to Ways & Means)
2011-12 Legislative History: Senate 4596 (Bonacic) (reported to
Finance)
Assembly 7207 (Canestrari) (rept ref to Ways & Means)
FOOTNOTES
{1} As noted, the Legislature has approved these submissions in the
past In 1984, it approved a uniform salary structure for part-time
City Court judges. L. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in
favor of a single enabling court statute in the Uniform City Court
Act, institution of a uniform $15,000 jurisdictional ceiling, merger
of multiple courts into a single court in those cities having
bifurcated or trifurcated court structures, creation of some new
full-time judgeships, conversion of some part-time judgeships to
full-time status and upgrades in the status of other part-time
judgeships. L. 1988, c. 397. In 1995, the Legislature again approved
recommendations calling for creation of new judgeships and conversion
and upgrading of others. L. 1995, c. 463. In 1998 and 1999, the
Legislature approved another recommendation - this one calling for
amendment of section 26 of Article VI of the State Constitution to
permit full-time City Court judges to be assigned to temporary service
on County and Family Courts. In 2001, the Legislature approved another
package of recommendations calling for creation of new judgeships and
conversion and upgrading of others. L. 2001, c. 584. All of these
recommendations were the product of ad hoc committees of City Court
judges assembled by the Judiciary in the early-1980's, 1994, 1998 and
2003, respectively. Most recently, the Legislature approved
recommendations yielding creation of further new judgeships and
conversion and upgrading of many others - including elimination of the
position of Acting City Court Judge. L. 2006, c. 493.
{2} Effective April 1, 2012, this salary range will be from $31,900 to
$63,700. While there is no specific statutory direction that the
actual amount of service given by each judge, as a percentage of his
or her work week, correspond to the fraction of full-time service
represented by his or her compensation, it has informally been the
administrative practice over the years to expect that that be so.
{3} Persons holding the office of full-time City Court judge are not
permitted to practice law. Note that, prior to filing this measure
with the Legislature, all proposed changes in judgeships were shared
with all City Mayors and City Court judges across the State. All
changes are submitted with the approval of the Mayors and judges of
each city affected.
APPENDIX A
TABLE OF CHANGES
City Present Proposed
Allocation Allocation When Change Effective
Albany 4FT 5FT 4/1/14
1PT(1/2)
Amsterdam 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Auburn 1FT 1FT 4/1/14
1PT(1/4) 1PT(1/2)
Batavia 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Beacon 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Binghamton 2FT 3FT 4/1/14
1PT(1/2)
Buffalo 13FT 14FT 1/1/15
Canandaigua 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Cohoes 2PT(1/2) 2PT(1/2) NO CHANGE
Corning 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Cortland 1FT 1FT 4/1/14
1PT(1/4) 1PT(1/2)
Dunkirk 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Elmira 2FT 2FT NO CHANGE
Fulton 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Geneva 1PT(1/2) 1PT(1/2) NO CHANGE
2PT(1/4) 2PT(1/4)
Glen Cove 2PT(1/2) 2PT(1/2) NO CHANGE
Glens Falls 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Gloversville 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Hornell 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Hudson 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Ithaca 1FT 2FT 4/1/14
1PT(1/2)
Jamestown 1FT 2FT 4/1/14
1PT(1/2)
Johnstown 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Kingston 1FT 2FT NO CHANGE
1PT(1/2)
Lackawanna 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Little Falls 2PT(1/4) 2PT(1/4) NO CHANGE
Lockport 1FT 2FT 4/1/14
1PT(1/2)
Long Beach 2FT 2FT NO CHANGE
Mechanic-
ville 2PT(1/4) 2PT(1/4) NO CHANGE
Middletown 1FT 2FT 4/1/14
1PT(1/2)
Mt. Vernon 3FT 3FT NO CHANGE
1PT(1/2) 1PT(1/2)
Newburgh 2FT 3FT 1/1/15
New
Rochelle 2FT 3FT 4/1/14
1PT(1/2)
Niagara Falls 4FT 4FT NO CHANGE
N. Tonawanda 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Norwich 1PT(1/2) 1FT 4/1/14
1PT(1/4) 1PT(1/4)
Ogdensburg 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Olean 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Oneida 1PT(1/2) 1FT 4/1/14
1PT(1/4) 1PT(1/4)
Oneonta 1PT(1/2) 1FT 4/1/14
1PT(1/4) 1PT(1/4)
Oswego 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Peekskill 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Plattsburgh 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Port Jervis 1PT(1/2) 1PT (1/2) 4/1/14
1PT(1/4) 1PT(1/2)
Poughkeepsie 2FT 2FT NO CHANGE
Rensselaer 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Rochester 9FT 10FT 1/1/15
Rome 1FT 2FT 4/1/14
1PT(1/4)
Rye 1FT 1FT 4/1/14
1PT(1/4) 1PT(1/2)
Salamanca 2PT(1/4) 1PT(1/2) 4/1/14
1PT(1/4)
Saratoga 1FT 2FT 4/1/14
Springs 1PT(1/2)
Schenectady 3FT 4FT 1/1/15
Sherrill 1PT(1/4) 1PT(1/4) NO CHANGE
Syracuse 8FT 9FT 1/1/15
Tonawanda 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Troy 1FT 2FT 1/1/15
1PT(3/4) 1PT(3/4)
Utica 3FT 3FT NO CHANGE
Watertown 1FT 2FT 4/1/14
1PT(1/4)
Watervliet 1PT(1/2) 2PT(1/2) 4/1/13
1PT(1/4)
White Plains 3FT 4FT 4/1/13
1PT(1/2)
Yonkers 6FT 7FT 1/1/15
S4043-2013 Text
S T A T E O F N E W Y O R K
4043 2013-2014 Regular Sessions I N SENATE March 5, 2013
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the uniform city court act and the judiciary law, in relation to judges of city courts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (b) 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:
(1) be an attorney admitted to practice law in this state for at least five years as of the date he or she commences the duties of office, and be a resident of the city in which he or she is elected or appointed, except that the judges of the Sherrill city court may reside anywhere in either Oneida or Madison counties, the city court judge who serves in the office that formerly was that of acting judge of the Oneida city court may reside anywhere in Madison county, the judges of the Peekskill city court may reside anywhere in Westchester county, the city court judge who serves in the office that formerly was that of acting judge of the Port Jervis city court may reside anywhere in either Sullivan or Orange counties, the judges of the Hudson city court may reside anywhere in Columbia county, the city court judge who serves in the office that formerly was that of acting judge of the Mechanicville city court may reside anywhere in Saratoga county, the judges of the Ogdensburg city court may reside anywhere in St. Lawrence county, the judges of the Rensselaer city court may reside anywhere in Rensselaer county and one judge of the Cohoes city court AND THE CITY COURT JUDGE WHO SERVES IN THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY COURT may reside anywhere in Albany county. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09321-01-3
S. 4043 2
S 2. 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:
(d) The number of judges of the city court in each city shall be as provided herein. Full-time judgeships are specifically so designated, all others are part-time:
Par. Name of city 1 Albany, [four] FIVE full-time [and one part-time]; 2 Amsterdam, one full-time and one part-time; 3 Auburn, one full-time and one part-time; 4 Batavia, one full-time and one part-time; 5 Beacon, one full-time and one part-time; 6 Binghamton, [two] THREE full-time [and one part-time]; 7 Buffalo, [thirteen] FOURTEEN full-time; 8 Canandaigua, one full-time and one part-time; 9 Cohoes, two; 10 Corning, one full-time and one part-time; 11 Cortland, one full-time and one part-time; 12 Dunkirk, one full-time and one part-time; 13 Elmira, two full-time; 14 Fulton, one full-time and one part-time; 15 Geneva, three; 16 Glen Cove, two; 17 Glens Falls, one full-time and one part-time; 18 Gloversville, one full-time and one part-time; 19 Hornell, two; 20 Hudson, two; 21 Ithaca, [one] TWO full-time [and one part-time]; 22 Jamestown, [one] TWO full-time [and one part-time]; 23 Johnstown, two; 24 Kingston, [one] TWO full-time [and one part-time]; 25 Lackawanna, one full-time and one part-time; 26 Little Falls, two; 27 Lockport, [one] TWO full-time [and one part-time]; 28 Long Beach, two full-time; 29 Mechanicville, two; 30 Middletown, [one] TWO full-time [and one part-time]; 31 Mount Vernon, three full-time and one part-time; 32 Newburgh, [two] THREE full-time; 33 New Rochelle, [two] THREE full-time [and one part-time]; 34 Niagara Falls, four full-time; 35 North Tonawanda, one full-time and one part-time; 36 Norwich, [two] ONE FULL-TIME AND ONE PART-TIME; 37 Ogdensburg, one full-time and one part-time; 38 Olean, one full-time and one part-time; 39 Oneida, [two] ONE FULL-TIME AND ONE PART-TIME; 40 Oneonta, [two] ONE FULL-TIME AND ONE PART-TIME; 41 Oswego, one full-time and one part-time; 42 Peekskill, one full-time and one part-time; 43 Plattsburgh, one full-time and one part-time; 44 Port Jervis, two; 45 Poughkeepsie, two full-time; 46 Rensselaer, two; 47 Rochester, [nine] TEN full-time; 48 Rome, [one] TWO full-time [and one part-time]; 49 Rye, one full-time and one part-time; S. 4043 3 50 Salamanca, two; 51 Saratoga Springs, [one] TWO full-time [and one part-time]; 52 Schenectady, [three] FOUR full-time; 53 Sherrill, one; 54 Syracuse, [eight] NINE full-time; 55 Tonawanda, one full-time and one part-time; 56 Troy, [one] TWO full-time and one part-time; 57 Utica, three full-time; 58 Watertown, [one] TWO full-time [and one part-time]; 59 Watervliet, two; 60 White Plains, [three] FOUR full-time [and one part-time]; 61 Yonkers, [six] SEVEN full-time.
S 3. Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of section 2104 of the uniform city court act, as amended by chapter 493 of the laws of 2006, are amended to read as follows:
(i) by the mayor of the city for which the court on which he or she will serve has been established, with the advice and consent of the city council: part-time city court judge of Beacon, part-time city court judge of Corning, part-time city court judge of Cortland, part-time city court judge of Gloversville, city court judge of Glen Cove who serves in the office that on June first, two thousand one was an appointive office pursuant to this subparagraph, [part-time city court judge of Ithaca,part-time] city court judge of Jamestown WHO SERVES IN THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU SAND THIRTEEN, part-time city court judge of Olean, city court judges of Plattsburgh, city court judge of Port Jervis who serves in the office that formerly was that of acting city court judge of Port Jervis, city court judges of Rye, city court judge of Salamanca who serves in the office that formerly was that of acting city court judge of Salamanca and the [part-time] city court judge of Watertown WHO SERVES IN THE OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WAS PART-TIME. (ii) by the city council of the city for which the court on which he or she will serve has been established: part-time city court judge of Auburn, part-time city court judge of Batavia, part-time city court judge of Canandaigua, city court judge of Johnstown who serves in the office that formerly was that of acting city court judge of Johnstown, city court judge of Newburgh who serves in the office that on March thirty-first, two thousand one was part-time, city court judge of Norwich who serves in the office that [formerly was that of acting citycourt judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOUSAND THIRTEEN, city court judges of Peekskill, and city court judges of White Plains.
S 4. The opening paragraph of subparagraph (iii) of paragraph 1 of subdivision (e) 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:
by the mayor of the city for which the court on which he or she will serve has been established: [part-time] city court judge of Binghamton WHO SERVES IN THE OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND FOUR TEEN WAS PART-TIME, city court judges of Cohoes, part-time city court judge of Dunkirk, part-time city court judge of Fulton, city court judge of Geneva who serves in the office that formerly was that of acting city court judge of Geneva, city court judge of Hornell who serves in the office that formerly was that of acting city court judge of Hornell, city court judge of Hudson who serves in the office that formerly was that of acting city court judge of Hudson, [part-time] city court judge S. 4043 4 of Kingston WHO SERVES IN THE OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WAS PART-TIME, part-time city court judge of Lackawan na, city court judge of Little Falls who serves in the office that formerly was that of acting CITY court judge of Little Falls, [part-timecity court judge of Lockport,] city court judge of Mechanicville who serves in the office that formerly was that of acting city court judge of Mechanicville, [part-time] city court judge of Middletown WHO SERVES IN THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANU ARY FIRST, TWO THOUSAND THIRTEEN, part-time city court judge of Mount Vernon, [part-time] city court judge of New Rochelle [and full-time citycourt judge of such city who serves in the office created during thecalendar year commencing January first, two thousand one] WHO SERVES IN THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOUSAND THIRTEEN AND THE CITY COURT JUDGE OF SUCH CITY WHO SERVES IN THE OFFICE THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS AN APPOINTIVE OFFICE PURSUANT TO THIS SUBPARAGRAPH, part-time city court judge of North Tonawanda, part-time city court judge of Ogdensburg, PART-TIME city court judge of Oneida [who serves in the office thatformerly was that of acting city court judge of Oneida], PART-TIME city court judge of Oneonta [who serves in the office that formerly was thatof acting city court judge of Oneonta], part-time city court judge of Oswego, city court judges of Poughkeepsie, city court judge of Rensse laer who serves in the office that formerly was that of acting city court judge of Rensselaer, [part-time] city court judge of Saratoga Springs WHO SERVES IN THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOUSAND THIRTEEN, part-time city court judge of Tonawanda and city court judge of Watervliet who serves in the office that formerly was that of acting city court judge of Watervliet. Provided, however, the following special provisions shall be applicable in the city of Poughkeepsie:
S 5.
Section 221-i of the judiciary law, as amended by chapter 493 of the laws of 2006, is amended to read as follows:
S 221-i. Salary of judges of the city courts outside the city of New York. [The] EXCEPT AS OTHERWISE PROVIDED BY CHAPTER FIVE HUNDRED SIXTY SEVEN OF THE LAWS OF TWO THOUSAND TEN, THE annual salary of each judge of a city court outside the city of New York shall be as follows (where this section provides different salaries for judicial positions on the same court having the same title, the greater salary shall be paid the person holding the position paid the greater salary on the day imme diately preceding the day on which such salaries took effect):
City Title Albany City Court Judge (FT) 113,900 [Albany City Court Judge 54,400] Amsterdam City Court Judge (FT) 108,800 Amsterdam City Court Judge 27,200 Auburn City Court Judge (FT) 108,800 Auburn City Court Judge [27,200] 54,400 Batavia City Court Judge (FT) 108,800 Batavia City Court Judge 27,200 Beacon City Court Judge (FT) 108,800 Beacon City Court Judge 27,200 Binghamton City Court Judge (FT) 108,800 [Binghamton City Court Judge 54,400] Buffalo Chief Judge (FT) 115,100 S. 4043 5 Buffalo City Court Judge (FT) 113,900 Canandaigua City Court Judge (FT) 108,800 Canandaigua City Court Judge 27,200 Cohoes City Court Judge 54,400 Corning City Court Judge (FT) 108,800 Corning City Court Judge 27,200 Cortland City Court Judge (FT) 108,800 Cortland City Court Judge [27,200] 54,400 Dunkirk City Court Judge (FT) 108,800 Dunkirk City Court Judge 27,200 Elmira City Court Judge (FT) 108,800 Fulton City Court Judge (FT) 108,800 Fulton City Court Judge 27,200 Geneva City Court Judge 54,400 Geneva City Court Judge 27,200 Glen Cove City Court Judge 54,400 Gloversville City Court Judge (FT) 108,800 Gloversville City Court Judge 27,200 Glens Falls City Court Judge (FT) 108,800 Glens Falls City Court Judge 27,200 Hornell City Court Judge 54,400 Hornell City Court Judge 27,200 Hudson City Court Judge 54,400 Hudson City Court Judge 27,200 Ithaca City Court Judge (FT) 108,800 [Ithaca City Court Judge 54,400] Jamestown City Court Judge (FT) 108,800 [Jamestown City Court Judge 54,400] Johnstown City Court Judge 54,400 Johnstown City Court Judge 27,200 Kingston City Court Judge (FT) 108,800 [Kingston City Court Judge 54,400] Lackawanna City Court Judge (FT) 108,800 Lackawanna City Court Judge 54,400 Lockport City Court Judge (FT) 108,800 [Lockport City Court Judge 54,400] Long Beach City Court Judge (FT) 118,300 Little Falls City Court Judge 27,200 Mechanicville City Court Judge 27,200 Middletown City Court Judge (FT) 108,800 [Middletown City Court Judge 54,400] Mount Vernon City Court Judge (FT) 118,300 Mount Vernon City Court Judge 54,400 Newburgh City Court Judge (FT) 108,800 Niagara Falls Chief Judge (FT) 115,100 Niagara Falls City Court Judge (FT) 113,900 Norwich City Court Judge (FT) [54,400] 108,800 Norwich City Court Judge 27,200 New Rochelle City Court Judge (FT) 118,300 [New Rochelle City Court Judge 54,400] North Tonawanda City Court Judge (FT) 108,800 North Tonawanda City Court Judge 54,400 Ogdensburg City Court Judge (FT) 108,800 Ogdensburg City Court Judge 27,200 Olean City Court Judge (FT) 108,800 S. 4043 6 Olean City Court Judge 27,200 Oneida City Court Judge (FT) [54,400] 108,800 Oneida City Court Judge 27,200 Oneonta City Court Judge(FT) [54,400] 108,800 Oneonta City Court Judge 27,200 Oswego City Court Judge (FT) 108,800 Oswego City Court Judge 27,200 Peekskill City Court Judge (FT) 108,800 Peekskill City Court Judge 54,400 Poughkeepsie City Court Judge (FT) 108,800 Plattsburgh City Court Judge (FT) 108,800 Plattsburgh City Court Judge 27,200 Port Jervis City Court Judge 54,400 [Port Jervis City Court Judge 27,200] Rensselaer City Court Judge 54,400 Rensselaer City Court Judge 27,200 Rochester Chief Judge (FT) 115,100 Rochester City Court Judge (FT) 113,900 Rome City Court Judge (FT) 113,900 [Rome City Court Judge 54,400] Rye City Court Judge (FT) 108,800 Rye City Court Judge [27,200] 54,400 Salamanca City Court Judge 54,400 SALAMANCA CITY COURT JUDGE 27,200 Saratoga Springs City Court Judge (FT) 108,800 [Saratoga Springs City Court Judge 54,400] Schenectady City Court Judge (FT) 108,800 Sherrill City Court Judge 27,200 Syracuse Chief Judge (FT) 115,100 Syracuse City Court Judge (FT) 113,900 Tonawanda City Court Judge (FT) 108,800 Tonawanda City Court Judge 54,400 Troy City Court Judge (FT) 113,900 Troy City Court Judge 81,600 Utica Chief Judge (FT) 115,100 Utica City Court Judge (FT) 113,900 Watertown City Court Judge (FT) 108,800 [Watertown City Court Judge 27,200] Watervliet City Court Judge 54,400 [Watervliet City Court Judge 27,200] White Plains City Court Judge (FT) 116,800 [White Plains City Court Judge 54,400] Yonkers Chief Judge (FT) 119,500 Yonkers City Court Judge (FT) 118,300
S 6. Transition. Notwithstanding any other provision of law, for purposes of this act:
(a) On the effective date of this section:
(i) each of the following part-time judgeships shall be abolished and replaced by a full-time judgeship: the part-time city court judge of Albany, the part-time city court judge of Binghamton, the part-time city court judge of Ithaca, the part-time city court judge of Jamestown, the part-time city court judge of Kingston, the part-time city court judge of Lockport, the part-time city judge of Middletown, the part-time city court judge of New Rochelle, the part-time city court judge of Norwich whose office is paid the greater compensation on such date, the part time city court judge of Oneida whose office is paid the greater compen S. 4043 7 sation on such date, the part-time city court judge of Oneonta whose office is paid the greater compensation on such date, the part-time city court judge of Rome, the part-time city court judge of Saratoga Springs, the part-time city court judge of Watertown and the part-time city court judge of White Plains. Each person in a judgeship abolished by this subdivision shall continue in service in the full-time judgeship that replaces such abolished judgeship hereunder for the remainder of the term of office to which he or she was selected in such abolished judge ship except that the person who continues in service in the full-time judgeship that replaces the abolished judgeship in the city court of Lockport shall do so until the thirty-first day of December next succeeding the date on which such term of office would otherwise expire; and (ii) the office of the elected part-time city court judge of Salamanca shall receive the increase in compensation provided in section 221-i of the judiciary law as amended by section five of this act. (b) The new offices of full-time city court judge in the cities of Buffalo, Newburgh, Rochester, Schenectady, Syracuse, Troy and Yonkers, respectively, shall first be filled by election at the next general election at which they can be filled for a full term to commence January first next thereafter. Upon the first occurrence of a vacancy in the office of full-time city court judge of the city court of Lockport established by paragraph (i) of subdivision (a) of this section, the office shall be filled by election for a term commencing the first day of January next succeeding the election.
S 7. (a) In the event that the compensation to be paid a judge of a city court, as prescribed by this act or any other provision of law, is lower than the compensation being paid such judge immediately prior to the effective date of this section, such judge shall, for as long as he or she holds the office in which he or she is serving on such effective date, receive such higher compensation (plus any increases thereto as shall thereafter be provided by law). (b) Notwithstanding any provision of this act, this act shall not extend or diminish any term of judicial office commenced prior to the effective date of this section.
S 8. This act shall take effect on the first of April next succeeding the date on which it shall have become a law; provided, however, that no changes in the number or compensation of judges, as provided in sections two and five of this act, may take effect in a city in which a full-time judgeship replaces a part-time judgeship pursuant to this act until authorized under section six of this act.
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