Senate Bill S8224

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

                                  8224

                            I N  S E N A T E

                              June 16, 2010
                               ___________

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

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 25 of article 6 of  the  constitution,
  in relation to service by retired judges and justices

  Section  1.  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  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
business 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
certification 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.

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

                                                           LBD89208-01-0

S. 8224                             2

  S 2. 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.