Bill S964-2013

Makes the city court judges in the city of Norwich full-time positions

Makes the city court judgeships in the city of Norwich full-time positions.

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  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jan 9, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S964

TITLE OF BILL: An act to amend the uniform city court act and chapter 493 of the laws of 2006, amending the uniform city court act and the judiciary law relating to judges of city courts, in relation to making the city court judges in the city of Norwich full-time positions

PURPOSE OR GENERAL IDEA OF BILL: This bill makes the city court judges in the city of Norwich full-time positions.

SUMMARY OF PROVISIONS: Section 1. Paragraph 36 of 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:

36 Norwich - two full-time:

§2. Section 8 of chapter 493 of the laws of 2006, amending the uniform city court act and the judiciary law relating to judges of city courts, is amended to read as follows:

§8. Transition. Notwithstanding any other provision of law, for purposes of this act:

(a) On the effective date of this section:

(i) in each of the following cities, every acting judgeship shall he abolished and replaced by a part, time judge-ship: Auburn, Beacon, Canandaigua, Dunkirk, Geneva, Gloversville, Glens Falls, Jamestown, Johnstown, Lackawanna, Little Falls, Lockport, Mechanicville, Olean, Oneida, Oswego, Plattsburg, Port Jervis, Rensselaer, Rye, Salamanca, and Watervliet. Each person serving in a judgeship hereunder for the remainder of the term of office to which he or she was selected as acting city court judge: and (ii) each of the following part time judgeships shall be abolished and replaced by a full-time judgeship: the part-time city Court judge of Amsterdam, the office of which was filled by election for a term commencing January 1, 2003, the elected city court judge of Batavia, the elected city court judge of Beacon: the elected city court judge of Corning, the elected city court judge of Dunkirk, the part-time city Court judge of Elmira, the elected city Court judge of Fulton, The part-time city court judge of Long Beach, the part-time city court judge of Norwich who serves in the office that formally was that of acting city court judge of Norwich, the elected city court judge of Ogdensburg, the elected city court judge of Olean, the part-time city court judge of Poughkeepsie, the part-time city Court judge of Rye, the part-time city court judge Syracuse, and the part-:time city court jUdge of White Plains the office of which was filled by appointment in May 2003. Each person serving in a judgeship abolished by this subdivision shall continue in service in the full-time judgeship abolished by this subdivision shall continue in service in the full-time judgeship that replaces such

abolished judgeship for the remainder of the term of office to which he or she was selected in the abolished judgeship.

(b) The new office of the full-time city court judge in the cities of Niagara Falls and Norwich created pursuant to this act shall first be filled by election at the next general election at which it can be filled for a full term to commence January first next thereafter.

JUSTIFICATION: Presently, the City Court of Norwich is overburdened. Over the last three years, the overall case load of the court has increased by 16%, which has affected not only the abilities of the Court to operate efficiently in providing justice but also the community.

The Norwich City Court judge was supposed to play an essential role in the community-driven Hub Drug Court of Chenango County. The Hub Drug Court has failed to benefit the community because an essential piece is missing: Norwich City Court Judge. Making the City Court position full time would not only remedy the community's missing link but also offer assistance to other courts such as the Chenango County Family Court which now has the highest case load in the state within the small county category. Currently, none of this is possible with a part-time judge.

PRIOR LEGISLATIVE HISTORY: S.3135 - Enacting Clause Stricken

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This Act shall take effect immediately and shall be deemed to have been in full force and in effect on and after April 1, 2007.


Text

STATE OF NEW YORK ________________________________________________________________________ 964 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. LIBOUS -- 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 chapter 493 of the laws of 2006, amending the uniform city court act and the judiciary law relating to judges of city courts, in relation to making the city court judges in the city of Norwich full-time positions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 36 of 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: 36 Norwich, two FULL-TIME; S 2. Section 8 of chapter 493 of the laws of 2006, amending the uniform city court act and the judiciary law relating to judges of city courts, is amended to read as follows: S 8. Transition. Notwithstanding any other provision of law, for purposes of this act: (a) On the effective date of this section: (i) in each of the following cities, every acting judgeship shall be abolished and replaced by a part-time judgeship: Auburn, Beacon, Canan- daigua, Dunkirk, Geneva, Gloversville, Glens Falls, Jamestown, Johns- town, Lackawanna, Little Falls, Lockport, Mechanicville, [Norwich,] Olean, Oneida, Oswego, Peekskill, Plattsburgh, Port Jervis, Rensselaer, Rye, Salamanca and Watervliet. Each person serving in a judgeship abol- ished by this subdivision shall continue in service in the part-time judgeship that replaces such abolished judgeship hereunder for the remainder of the term of office to which he or she was selected as acting city court judge; and (ii) each of the following part-time judgeships shall be abolished and replaced by a full-time judgeship: the part-time city court judge of
Amsterdam, the office of which was filled by election for a term commencing January 1, 2003, the elected city court judge of Batavia, the elected city court judge of Beacon, the elected city court judge of Canandaigua, the elected city court judge of Corning, the elected city court judge of Dunkirk, the part-time city court judge of Elmira, the elected city court judge of Fulton, the part-time city court judge of Long Beach, THE PART-TIME CITY COURT JUDGE OF NORWICH WHO SERVES IN THE OFFICE THAT FORMERLY WAS THAT OF ACTING CITY COURT JUDGE OF NORWICH, the elected city court judge of Ogdensburg, the elected city court judge of Olean, the part-time city court judge of Poughkeepsie, the part-time city court judge of Rye, the part-time city court judge of Syracuse, and the part-time city court judge of White Plains the office of which was filled by appointment in May 2003. Each person serving in a judgeship abolished by this subdivision shall continue in service in the full-time judgeship that replaces such abolished judgeship for the remainder of the term of office to which he or she was selected in the abolished judgeship. (b) The new office of full-time city court judge in the [city] CITIES of Niagara Falls AND NORWICH created pursuant to this act shall first be filled by election at the next general election at which it can be filled for a full term to commence January first next thereafter. S 3. This act shall take effect immediately.

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