senate Bill S7820

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

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

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

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A10022
Versions:
S7820
Legislative Cycle:
2013-2014
Law Section:
Uniform City Court Act
Laws Affected:
Amd ยง2104, UCCA

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7820

                            I N  S E N A T E

                              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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15494-01-4

S. 7820                             2

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.