Assembly Bill A1358C

2023-2024 Legislative Session

Relates to requiring certain town and village justices be admitted to practice law in the state

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A1358 - Details

See Senate Version of this Bill:
S139
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2021-2022 Legislative Session:
A9389, S9433

2023-A1358 - Summary

Relates to requiring certain town and village justices be admitted to practice law in the state; requires town and village justices in a town or village with a high arraignment volume be admitted to practice law in New York state for at least five years as of the date they commence the duties of office; provides the determination of a town or village with a high arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-A1358 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1358
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Judiciary
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-01-3
              

2023-A1358A - Details

See Senate Version of this Bill:
S139
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2021-2022 Legislative Session:
A9389, S9433

2023-A1358A - Summary

Relates to requiring certain town and village justices be admitted to practice law in the state; requires town and village justices in a town or village with a high arraignment volume be admitted to practice law in New York state for at least five years as of the date they commence the duties of office; provides the determination of a town or village with a high arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-A1358A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1358--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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 AN ATTORNEY ADMITTED
 TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS  AS  OF  THE  DATE
 THEY  COMMENCE  THE  DUTIES OF OFFICE. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "TOWN OR VILLAGE WITH A HIGH VOLUME CASELOAD" SHALL MEAN THE FIFTY
 HIGHEST VOLUME CASELOADS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-03-3
              

2023-A1358B - Details

See Senate Version of this Bill:
S139
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2021-2022 Legislative Session:
A9389, S9433

2023-A1358B - Summary

Relates to requiring certain town and village justices be admitted to practice law in the state; requires town and village justices in a town or village with a high arraignment volume be admitted to practice law in New York state for at least five years as of the date they commence the duties of office; provides the determination of a town or village with a high arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-A1358B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1358--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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 --  again  reported  from
   said  committee  with  amendments,  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 AN ATTORNEY ADMITTED
 TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS  AS  OF  THE  DATE
 THEY  COMMENCE  THE  DUTIES OF OFFICE. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "TOWN OR VILLAGE WITH A HIGH VOLUME CASELOAD" SHALL MEAN  THE  ONE
 HUNDRED HIGHEST VOLUME CASELOADS 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.    NOTWITHSTANDING  THE  FOREGOING,
 NON-ATTORNEY  JUSTICES IN OFFICE AS OF THE EFFECTIVE DATE OF THIS SUBDI-
 VISION SHALL REMAIN ELIGIBLE TO SERVE AS A  JUSTICE  FOR  THE  COURT  ON
 WHICH THEY CURRENTLY SIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-05-3
              

2023-A1358C (ACTIVE) - Details

See Senate Version of this Bill:
S139
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2021-2022 Legislative Session:
A9389, S9433

2023-A1358C (ACTIVE) - Summary

Relates to requiring certain town and village justices be admitted to practice law in the state; requires town and village justices in a town or village with a high arraignment volume be admitted to practice law in New York state for at least five years as of the date they commence the duties of office; provides the determination of a town or village with a high arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-A1358C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1358--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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 --  again  reported  from
   said  committee  with  amendments,  ordered  reprinted  as amended and
   recommitted to said committee -- recommitted to the Committee on Judi-
   ciary in  accordance  with  Assembly  Rule  3,  sec.  2  --  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  ARRAIGNMENT  VOLUME  UNLESS THEY ARE AN ATTORNEY
 ADMITTED TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS AS OF THE
 DATE THEY COMMENCE THE DUTIES OF OFFICE. FOR THE PURPOSES OF THIS SUBDI-
 VISION, "TOWN OR VILLAGE WITH A HIGH ARRAIGNMENT VOLUME" SHALL MEAN  THE
 ONE  HUNDRED  HIGHEST  ARRAIGNMENT VOLUMES IN TOWN AND VILLAGE COURTS IN
 THE STATE AS DETERMINED BY THE OFFICE OF COURT ADMINISTRATION IN CONSUL-
 TATION WITH THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  THE  INITIAL
 DETERMINATION  SHALL  BE BASED ON THE SUM OF ARRAIGNMENTS FROM TWO THOU-
 SAND 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  ARRAIGNMENT  VOLUME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-07-4
              

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