Increases the number of city court judges in certain cities and sets forth the annual salary for such city court judges.
Sponsor: BONACIC
Law Section: Uniform City Court Act
Law: Amd S2104, UCCA; amd S221-i, Judy L
Co-sponsor(s):
BRESLIN
Committee: FINANCE
Law Section: Uniform City Court Act
Law: Amd S2104, UCCA; amd S221-i, Judy L
S4596A-2011 Actions
- May 24, 2012: PRINT NUMBER 4596B
- May 24, 2012: AMEND AND RECOMMIT TO FINANCE
- May 15, 2012: REPORTED AND COMMITTED TO FINANCE
- Feb 17, 2012: PRINT NUMBER 4596A
- Feb 17, 2012: AMEND AND RECOMMIT TO JUDICIARY
- Jan 4, 2012: REFERRED TO JUDICIARY
- May 3, 2011: REPORTED AND COMMITTED TO FINANCE
- Apr 13, 2011: REFERRED TO JUDICIARY
S4596A-2011 Meetings
Judiciary: May 15, 2012S4596A-2011 Votes
VOTE: COMMITTEE VOTE:
- Judiciary
- May 3, 2011
Ayes (19): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Krueger, Perkins, Serrano, Stavisky
Ayes W/R (3): Adams, Gianaris, Squadron
Nays (1): Ranzenhofer
VOTE: COMMITTEE VOTE:
- Judiciary
- May 15, 2012
Ayes (19): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Krueger, Perkins, Serrano, Stavisky
Ayes W/R (4): LaValle, Adams, Gianaris, Squadron
S4596A-2011 Memo
BILL NUMBER:S4596A
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 modifica-
tions 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 fund-
ing (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 represen-
tative of all regions of the State and courts of varying sizes, under-
takes 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 collab-
oration 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 2009, 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 a central focus in the
State's twin battles against drug crime and family violence. Across the
State, many of them 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 some-
times 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 six years since
the Judiciary last reported on the needs of the City Courts and three
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
year and now has filed its report and recommendations with us.
This measure would give effect to these recommendations. They include:
o Increase allocations of four regular part-time judgeships and convert
ten 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 sala-
ry 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 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 oper-
ations. It does not reflect the reality of those operations in 2009.
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 10 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, 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 demon-
strated that it is difficult to find a sufficient pool of lawyers will-
ing 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 judge-
ships in Ithaca and Lockport:
A preponderance of the State's 163 City Court judges are elected. The
remainder are appointed 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 two of the existing appointive positions 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, judg-
es 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 2012-13.
2009-2010 LEGISLATIVE HISTORY:
Senate 5807-B (Sampson) Passed
Assembly 8976-A (Canestrari) Reported Referred to Ways & Means
2011-12 LEGISLATIVE HISTORY:
Senate 4596 (Bonacic) (Reported to Finance)
Assembly 7207 (Canestrari) Reported Referred 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.
(2) This salary range is between $27,200 and $54,400. 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 4/1/13
1PT(1/2)
Amsterdam 1FT 1FT NO CHANGE
1PT(1/4) 1PT(1/4)
Auburn 1FT 1FT NO CHANGE
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 2FT NO CHANGE
1PT(1/2) 1PT(1/2)
Buffalo 13FT 14FT 1/1/14
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 4/1/13
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 4/1/13
1PT(1/2)
Jamestown 1FT 2FT 4/1/13
1PT(1/2)
Johnstown 1PT(1/2) 1PT(1/2) NO CHANGE
1PT(1/4) 1PT(1/4)
Kingston 1FT 1FT NO CHANGE
1PT(1/2) 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 4/1/13
1PT(1/2)
Long Beach 2FT 2FT NO CHANGE
Mechanic-
ville 2PT(1/4) 2PT(1/4) NO CHANGE
Middletown 1FT 2FT 4/1/13
1PT(1/2)
Mt. Vernon 3FT 3FT NO CHANGE
1PT(1/2) 1PT(1/2)
Newburgh 2FT 3FT 1/1/14
New
Rochelle 2FT 3FT 4/1/13
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 4/1/13
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 4/1/13
1PT(1/4) 1PT(1/4)
Oneonta 1PT(1/2) 1FT(1/2) 4/1/13
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) 4/1/13
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 9FT NO CHANGE
Rome 1FT 2FT 4/1/13
1PT(1/2)
Rye 1FT 1FT 4/1/13
1PT(1/4) 1PT(1/2)
Salamanca 2PT(1/4) 1PT(1/2) 4/1/13
1PT(1/4)
Saratoga 1FT 2FT 4/1/13
Springs 1PT(1/2)
Schenectady 3FT 3FT NO CHANGE
Sherrill 1PT(1/4) 1PT(1/4) NO CHANGE
Syracuse 8FT 8FT NO CHANGE
Tonawanda 1FT 1FT NO CHANGE
1PT(1/2) 1PT(1/2)
Troy 1FT 2FT 1/1/14
1PT(3/4) 1PT(3/4)
Utica 3FT 3FT NO CHANGE
Watertown 1FT 1FT NO CHANGE
1PT(1/4) 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 1/1/14
S4596A-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
4596--A
2011-2012 Regular Sessions
I N SENATE
April 13, 2011
___________
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 -- recommitted to the Commit-
tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09903-04-1
S. 4596--A 2
THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.
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 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 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 full-time;
S. 4596--A 3
48 Rome, [one] TWO full-time [and one part-time];
49 Rye, one full-time and one part-time;
50 Salamanca, two;
51 Saratoga Springs, [one] TWO full-time [and one part-time];
52 Schenectady, three full-time;
53 Sherrill, one;
54 Syracuse, eight 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 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.
(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 city
court 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,
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 of King-
S. 4596--A 4
ston, part-time city court judge of Lackawanna, city court judge of
Little Falls who serves in the office that formerly was that of acting
CITY court judge of Little Falls, [part-time city court judge of Lock-
port,] 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 JANUARY FIRST, TWO THOUSAND
THIRTEEN, part-time city court judge of Mount Vernon, [part-time] city
court judge of New Rochelle [and full-time city court judge of such city
who serves in the office created during the calendar 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 Tona-
wanda, part-time city court judge of Ogdensburg, PART-TIME city court
judge of Oneida [who serves in the office that formerly was that of
acting city court judge of Oneida], PART-TIME city court judge of Oneon-
ta [who serves in the office that formerly was that of acting city court
judge of Oneonta], part-time city court judge of Oswego, city court
judges of Poughkeepsie, city court judge of Rensselaer 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 former-
ly was that of acting city court judge of Watervliet. Provided, howev-
er, 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 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 immediately 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
Buffalo City Court Judge (FT) 113,900
Canandaigua City Court Judge (FT) 108,800
S. 4596--A 5
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
Olean City Court Judge 27,200
Oneida City Court Judge (FT) [54,400] 108,800
S. 4596--A 6
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 Ithaca, the part-time city
court judge of Jamestown, 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 compensation 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 and the part-
S. 4596--A 7
time city court judge of White Plains. Each person in a judgeship abol-
ished 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 judgeship 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 Decem-
ber next succeeding the date on which such term of office would other-
wise expire; and
(ii) the office of the part-time city court judge of Salamanca senior
in service on such date 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, 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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