senate Bill S886A

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

download pdf

Sponsor

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4395
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 Previous Legislative Cycles:
2011-2012: S5827, A8469, S5827
2009-2010: S5827

Sponsor Memo

BILL NUMBER:S886A

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing 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 retire-
ment 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 judg-
es 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, Deliv-
ered to Secretary of State

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None anticipated.

EFFECTIVE DATE: Resolved (if the Assembly concur), That the foregoing
amendment be submitted to the people for approval at the general
election to be held in the year 2013 in accordance with the provisions
of the election law.

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

                                 886--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89031-03-3

S. 886--A                           2

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
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  amendment
be  submitted  to  the people for approval at the general election to be
held in the year 2013 in accordance with the provisions of the  election
law.

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.