senate Bill S886

Amended

Authorizes retired supreme court justices to serve as justice of supreme court until age 80

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 11 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 22 / Jan / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 22 / Jan / 2013
    • PRINT NUMBER 886A
  • 22 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 15 / Feb / 2013
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1012
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • SUBSTITUTED BY A4395

Summary

Authorizes retired supreme court justices to serve as justice of supreme court until age 80; provides that judges of the court of appeals need not retire until the end of the year in which they turn age 80; prohibits the appointment of any person over age 70 to the court of appeals.

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Bill Details

Versions:
S886
S886A
Legislative Cycle:
2013-2014
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 ยงยง2 & 25, Constn
Versions Introduced in 2011-2012 Legislative Cycle:
S5827

Sponsor Memo

BILL NUMBER:S886

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to
section 2 of article 6 of the constitution, in relation to persons
appointed to the court of appeals, and proposing an amendment to
section 25 of article 6 of the constitution,
in relation to service by retired justices and requiring judges
of the court of appeals to retire at age 80

PURPOSE OF BILL:
To raise from 76 to 80 the maximum age that retired judges may be
certified to continue to serve, and to raise the retirement age for
judges of the Court of Appeals.

SUMMARY OF PROVISIONS OF BILL:
Amends subdivision (e) of section 2 of Article 6 and subdivision (b)
of section 25 of Article 6 of the New York State Constitution to
increase the maximum age for which a judge, justice or retired
justice can serve.

JUSTIFICATION:
The State Constitution requires judges to retire at the end of the
calendar year in which they turn 70. It also authorizes judges to be
certified to continue to serve up to three times in two year
increments, until age 76. The certification must find that that his
or her services are necessary to expedite the business of the Court,
and that he or she is physically and mentally competent to fully
perform the duties of the office.

This constitutional amendment would raise the age through which
retired judges can continue to serve from 76 to 80, allowing the
State to retain experienced and able judges who are willing to work.
In addition, this measure would change the retirement age for judges
of the Court of Appeals from 70 to 80, provided that no judge could
be appointed to the Court of Appeals after they have reached the last
day of December of the year in which they turn 70, consistent with
the existing constitutional provision.

In 1999, The Office of Court Administration's Task Force on Mandatory
Retirement of Judges concluded that "it is in the best interests of
the judiciary and the people of the State of New York to amend the
laws governing mandatory retirement of judges." The two
recommendations made in that, report - creation of a "senior status"
and expansion of the certification process to judges not covered by
it - were not acted upon.

This measure takes a different approach - amending the Constitution to
increase the age until which judges can be certified from 76 to 80.
Raising the age that retired judges can serve from 76 to 80 will
enable the state judiciary to continue to benefit from the service of
many dedicated, experienced and productive judges currently being lost.

In addition, this bill provides that Court of Appeals judges would be
able to serve out the end of their fourteen years terms without being


required to retire at age 70, although appointment past the age of 70
would not be possible.

LEGISLATIVE HISTORY:
S.5827 of 2011: Passed Senate and Assembly. Delivered to Secretary of
State

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None anticipated.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing be referred to the
first regular legislative session convening after the next succeeding
general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.

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

                                   886

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 6 of the constitution, in
  relation to persons appointed to the court of appeals,  and  proposing
  an  amendment  to  section  25  of  article  6 of the constitution, in
  relation to service by retired justices and requiring  judges  of  the
  court of appeals to retire at age 80

  Section  1.  RESOLVED  (if the Assembly concur), That subdivision e of
section 2 of article 6  of  the  constitution  be  amended  to  read  as
follows:
  e.  The  governor  shall  appoint,  with the advice and consent of the
senate, from among those recommended by the judicial nominating  commis-
sion,  a person to fill the office of chief judge or associate judge, as
the case may be, whenever a vacancy occurs  in  the  court  of  appeals;
provided,  however, that no person may be appointed a judge of the court
of appeals unless such person is a resident of the state [and], has been
admitted to the practice of law in this state for at least ten years AND
WHO HAS NOT REACHED THE LAST DAY OF DECEMBER IN THE YEAR IN WHICH HE  OR
SHE  REACHES  THE  AGE  OF SEVENTY.   The governor shall transmit to the
senate the written report  of  the  commission  on  judicial  nomination
relating to the nominee.
  S  2. RESOLVED (if the Assembly concur), That subdivision b of section
25 of article 6 of the constitution be amended to read as follows:
  b. Each [judge of the court of appeals,] justice of the supreme court,
judge of the court of claims, judge of the county court,  judge  of  the
surrogate's  court,  judge of the family court, judge of a court for the
city of New York established pursuant to section fifteen of this article
and judge of the district court shall retire on the last day of December
in the year in which he or she reaches the age of seventy. EACH JUDGE OF
THE COURT OF APPEALS SHALL RETIRE ON THE LAST DAY  OF  DECEMBER  IN  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89031-01-3

S. 886                              2

YEAR  IN  WHICH  HE OR SHE REACHES THE AGE OF EIGHTY. Each [such] former
[judge of the court of appeals and] justice of  the  supreme  court  may
thereafter  perform  the  duties of a justice of the supreme court, with
power  to hear and determine actions and proceedings, provided, however,
that it shall be certificated in the manner provided  by  law  that  the
services  of such [judge or] justice are necessary to expedite the busi-
ness of the court and that he or she is mentally and physically able and
competent to perform the full duties of such office.  Any  such  certif-
ication  shall  be  valid for a term of two years and may be extended as
provided by law for additional terms of two years. A [retired judge  or]
justice shall serve no longer than until the last day of December in the
year  in  which  he  or  she  reaches the age of [seventy-six] EIGHTY. A
retired judge or justice shall be subject to assignment by the appellate
division of the supreme court of the judicial department of his  or  her
residence.  Any retired justice of the supreme court who had been desig-
nated  to  and served as a justice of any appellate division immediately
preceding his or her reaching the age of seventy shall be  eligible  for
designation  by the governor as a temporary or additional justice of the
appellate division. A retired judge or justice shall not be  counted  in
determining  the  number of justices in a judicial district for purposes
of subdivision d of section six of this article.
  S 3. RESOLVED (if the Assembly concur), That the foregoing be referred
to the first  regular  legislative  session  convening  after  the  next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.

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