Repeals the requirement of an undertaking by a surrogate or a county judge.
TITLE OF BILL: An act to repeal subdivision 3 of section 184 of the judiciary law, relating to the requirement of an undertaking by a surrogate or a county judge
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Surrogate's Court Advisory Committee.
This measure would repeal subdivision three of section 184 of the Judiciary Law as obsolete, unnecessary and a possible source of mischief and misunderstanding. This bond requirement of Surrogates and County Judges is obsolete. The function of a surety under this statute has been superseded for all purposes by the State, commencing when Surrogates became State officers in 1977, when the State took over the expenses of all courts of the Unified Court System except the town and village courts. L. 1976, c. 966. While Surrogates are deemed "local officers" for purposes of filing of oaths of office based upon the definitions in section 2 of the Public Officers Law, they are "state officers" for purposes of filing of the undertaking as it is the State that is fiscally responsible for the acts of Surrogates and is the body "authorized to require the undertaking". See Public Officers Law § 11(2). As to State officers, the State Comptroller may waive the filing of any undertaking, blanket or individual, as the State has become a self-insurer. Public Officers Law, § 11(4). The Comptroller has waived the filing of undertakings by Surrogates and County Judges and so Surrogates and County Judges are now required to filed undertakings. The responsibility for a Judge's individual obligation in the course of his or her official duties to apply and pay over monies and effects as shall come into his or her hands in the execution of his or her office has been assumed by the state under the Public Officers Law.
This measure would have no fiscal impact on the State. It would take effect immediately.
LEGISLATIVE HISTORY: None. New proposal.
STATE OF NEW YORK ________________________________________________________________________ 6659 IN SENATE March 8, 2012 ___________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 repeal subdivision 3 of section 184 of the judiciary law, relating to the requirement of an undertaking by a surrogate or a county judge THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 184 of the judiciary law is REPEALED. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14031-01-2