S T A T E   O F   N E W   Y O R K
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                                  9389--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the uniform justice court act,  the  town  law  and  the
   village  law,  in  relation  to  requiring  certain  town  and village
   justices be admitted to practice law in the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 105 of the uniform justice court act is amended by
 adding a new subdivision (a-1) to read as follows:
   (A-1) EDUCATION. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
 CONTRARY,  NO PERSON MAY SERVE AS A TOWN OR VILLAGE JUSTICE IN A TOWN OR
 VILLAGE WITH A HIGH VOLUME CASELOAD UNLESS THEY ARE ADMITTED TO PRACTICE
 LAW IN THE STATE. FOR THE PURPOSES OF THIS SUBDIVISION, "TOWN OR VILLAGE
 WITH A HIGH VOLUME CASELOAD" SHALL MEAN THE FIFTY HIGHEST  VOLUME  CASE-
 LOADS  IN  TOWN  AND  VILLAGE  COURTS  IN THE STATE AS DETERMINED BY THE
 OFFICE OF COURT ADMINISTRATION IN  CONSULTATION  WITH  THE  DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES. THE INITIAL DETERMINATION SHALL BE BASED ON
 THE SUM OF CASES FROM TWO THOUSAND EIGHTEEN AND TWO  THOUSAND  NINETEEN.
 SUBSEQUENT  DETERMINATIONS  SHALL  TAKE PLACE EVERY TEN YEARS THEREAFTER
 AND SHALL USE THE SUM OF AT LEAST TWO YEARS' DATA.  ANY  CHANGE  IN  THE
 REQUIREMENTS  FOR  ELIGIBILITY  TO SERVE AS A TOWN OR VILLAGE JUSTICE IN
 SUCH TOWN OR VILLAGE SHALL TAKE EFFECT UPON  COMMENCEMENT  OF  THE  NEXT
 JUDICIAL  TERM  OF OFFICE FOLLOWING THE DESIGNATION AS A TOWN OR VILLAGE
 WITH A HIGH VOLUME CASELOAD.
   § 2. Section 31 of the town law is amended by adding a new subdivision
 2-a to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  NO
 PERSON  MAY  SERVE  AS A TOWN JUSTICE IN A TOWN WITH A HIGH VOLUME CASE-
 LOAD, AS DETERMINED PURSUANT TO SUBDIVISION (A-1) OF SECTION ONE HUNDRED
 FIVE OF THE UNIFORM JUSTICE COURT ACT, UNLESS THEY ARE ADMITTED TO PRAC-
 TICE LAW IN THE STATE. ANY CHANGE IN THE REQUIREMENTS FOR ELIGIBILITY TO
 SERVE AS A TOWN JUSTICE IN SUCH TOWN SHALL TAKE EFFECT UPON COMMENCEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14136-03-2
              

 A. 9389--A                          2
 
 OF THE NEXT JUDICIAL TERM OF OFFICE FOLLOWING THE DESIGNATION AS A  TOWN
 WITH A HIGH VOLUME CASELOAD.
   §  3.  Section  3-301  of  the  village law is amended by adding a new
 subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  NO
 PERSON  MAY  SERVE  AS A VILLAGE JUSTICE IN A VILLAGE WITH A HIGH VOLUME
 CASELOAD, AS DETERMINED PURSUANT TO SUBDIVISION  (A-1)  OF  SECTION  ONE
 HUNDRED  FIVE OF THE UNIFORM JUSTICE COURT ACT, UNLESS THEY ARE ADMITTED
 TO PRACTICE LAW IN THE STATE. ANY CHANGE IN THE REQUIREMENTS FOR  ELIGI-
 BILITY  TO  SERVE AS A VILLAGE JUSTICE IN SUCH VILLAGE SHALL TAKE EFFECT
 UPON COMMENCEMENT OF THE NEXT JUDICIAL  TERM  OF  OFFICE  FOLLOWING  THE
 DESIGNATION AS A VILLAGE WITH A HIGH VOLUME CASELOAD.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.