Bill S7820-2013

Provides for the selection a city court judge for the city of Watertown and for the city of Kingston

Provides for the selection of a city court judge for the city of Watertown and for the city of Kingston.

Details

Actions

  • Jun 18, 2014: SUBSTITUTED BY A10022
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1527
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 12, 2014: REFERRED TO JUDICIARY

Votes

Memo

BILL NUMBER:S7820

TITLE OF BILL: An act to amend the uniform city court act, in relation to selection of certain city court judges

PURPOSE: To require the currently appointed full-time city court judge positions (that were previously part-time) in the City of Watertown and the City of Kingston to be converted into publicly elected offices by the residents of those cities.

SUMMARY OF PROVISIONS:

Section 1 and Section 2 - removes the authority of the Mayor of Watertown and the Mayor of Kingston, respectively, to appoint city court judges to office.

Section 3 - Provides that the full-time city court positions of Watertown and Kingston shall be filled through the public election process in accordance with the Uniform City Court Act upon the first occurrence of a vacancy in office, including the expiration of a term.

Section 4 - Provides that this act shall take effect immediately.

JUSTIFICATION: In 2013, A.6552B (Morelle) / S.4043B (Bonacic) - which became Chapter 548 of the Laws of 2013 - made modifications to many City Court judgeships including, in some instances, conversion of part-time positions to full-time status. Both the City of Watertown and City of Kingston saw their part-time judgeships converted to full-time status. However, these newly transformed judgeships remained as an appointed position by each respective city's Mayor.

This bill will remedy this oversight in the selection process of these cities' newly formed full-time judge positions by requiring that future vacancies (including the expiration of current terms) be filled through the formal public election process in accordance with the Uniform City Court Act. The vast majority of the state's municipalities elect their city court judges, which is why this bill seeks to allow Kingston and Watertown to conform to the overwhelming practice of localities across the state.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7820 IN SENATE June 12, 2014 ___________
Introduced by Sen. RITCHIE -- 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, in relation to selection of certain city court judges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph 1 of subdivision (e) of section 2104 of the uniform city court act, as amended by chapter 548 of the laws of 2013, is 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, city court judge of Jamestown 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 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[,] AND THE city court judge of Salamanca who serves in the office that formerly was that of acting city court judge of Salamanca [and the city court judge of Watertown who serves in the office that on March thirty-first, two thousand fourteen was part-time]. S 2. 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 548 of the laws of 2013, 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: 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, [city court judge of Kingston who serves in the office that on March thirty-first, two thousand fourteen was part-time,] 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, city court judge of Mechanicville who serves in the office that formerly was that of acting city court judge of Mechanicville, 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, city court judge of New Rochelle who serves in the office that was created during the calendar year commencing Janu- ary 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 Ogdens- burg, part-time city court judge of Oneida, city court judge of Oneonta 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 judg- es of Poughkeepsie, city court judge of Rensselaer who serves in the office that formerly was that of acting city court judge of Rensselaer, 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 3. For each of the offices of full-time city court judge established in the cities of Kingston and Watertown pursuant to paragraph (i) of subdivision (a) of section 6 of chapter 548 of the laws of 2013, upon the first occurrence of a vacancy in such office following the effective date of this act, such office shall be filled as provided in subpara- graph (i) of paragraph 2 of subdivision (e) of section 2104 of the uniform city court act. S4. This act shall take effect immediately.

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