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BILL NUMBER:S4225B

TITLE OF BILL: An act to amend the judiciary law, in relation to the number of justices of the supreme court in the second and thirteenth judicial districts

PURPOSE: To increase the number of Justices in the 13th Judicial District to ten and to increase the number of Justices in the 2nd Judicial District to fifty-two.

SUMMARY OF PROVISIONS: Section one amends subdivision 2 and 13 of section 140-a of the Judiciary Law as added by Chapter 690 of the Laws of 2007 to increase the number of Justices in the 13th Judicial District to ten and to increase the number of Justices in the 2nd Judicial District to fifty-two.

Section two allows Justice Thomas P. Aliotta, and his successor in office on the effective date of this act shall for the remainder of the term for which he or she was elected or appointed to be a justice of the supreme court in and for the 13th Judicial District.

Section three requires 2 additional justices of the Supreme court in the 13th District and 2 additional Justices in the 2nd Judicial District provided for in section one of this act shall first be elected at the general election in held in November 2012 and shall first take office January 1, 2013. Another 3 additional Justices of the Supreme Court in the 13th District and two Justices of the Supreme Court in the 2nd District provided for in section one of this act shall first be elected at the general election in held in November 2013 and shall first take office January 1, 2014. The remaining Justice for the 13th District shall first be elected at the general election in held in November 2014 and shall first take office January 1, 2015.

Section four is an immediate effective date.

JUSTIFICATION: On December 5, 2007, the Governor signed legislation, Chapter 690 of the Laws of 2007 creating the 13th Judicial District. Under this law, Staten Island (Richmond County) was allowed to have to have three Supreme Court Justices. Under the State Constitution, a Supreme Court District must have one Justice for every 50,000 residents. Based on the most recent U.S. Census data, Staten Island is allowed 10 Justices. By increasing the number of Justices authorized by the New York Constitution, Staten Island should receive more judges to handle ever-heavier caseloads. This bill is the final step in the process to give

Staten Island the required 10 Justice positions for the 13th Judicial District. The bill will also authorize four Supreme Court Justices to the 2nd Judicial District.

LEGISLATIVE HISTORY: Similar to 2010-11: S.7481 - Passed Senate/A.7481 - Referred to Judiciary Similar to 2009-10: S.4566 - Referred to Judiciary Similar to 2008: S.6754 - Passed Senate/ A.11142 - Referred to Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

4225--B

2011-2012 Regular Sessions

IN SENATE

March 24, 2011
___________

Introduced  by  Sen.  LANZA  -- 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  --  recommitted  to the Committee on Judiciary in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the judiciary law, in relation to the number of justices
  of the supreme court in the second and thirteenth judicial districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2  and 13 of section 140-a of the judiciary
law, subdivision 2 as amended and subdivision 13 as added by chapter 690
of the laws of 2007, are amended to read as follows:
  2. Second district, [forty-nine] FIFTY-TWO;
  13. Thirteenth district, [three] TEN.
  S 2. Justice Thomas P. Aliotta, and his successor  in  office  on  the
effective date of this act shall for the remainder of the term for which
he  or she was elected or appointed be a justice of the supreme court in
and for the thirteenth judicial district.
  S 3. Two of the additional justices of the supreme court in the  thir-
teenth  judicial  district  and  two  additional justices of the supreme
court in the second judicial district provided for  by  section  one  of
this  act  shall  first be elected at the general election to be held in
November 2012 and shall first take office  January  1,  2013.    Another
three  of the additional justices of the supreme court in the thirteenth
judicial district and the other two justices of the supreme court in the
second judicial district provided for by section one of this  act  shall
first be elected at the general election to be held in November 2013 and
shall  first  take  office  January  1, 2014.   The remaining additional
justice of  the  supreme  court  in  the  thirteenth  judicial  district

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03079-07-2
S. 4225--B                          2

provided  for  by  section one of this act shall first be elected at the
general election to be held in November 2014 and shall first take office
January 1, 2015.
  S 4. This act shall take effect immediately.