S T A T E O F N E W Y O R K
________________________________________________________________________
1632
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ZEBROWSKI, GALEF, ROBINSON -- Multi-Sponsored by
-- M. of A. HOOPER, MAYERSOHN -- read once and referred to the Commit-
tee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 25 of article 6 of the constitution,
in relation to authorizing certain judges to continue to serve after
they reach the age of seventy
Section 1. Resolved (if the Senate 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. EACH SUCH
FORMER 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 MAY THEREAFTER CONTINUE TO
PERFORM THE DUTIES OF HIS OR HER OFFICE, WITH POWER TO HEAR AND DETER-
MINE ACTIONS AND PROCEEDINGS, PROVIDED, HOWEVER, THAT IT SHALL BE
CERTIFICATED IN THE MANNER PROVIDED BY LAW THAT THE SERVICES OF SUCH
JUDGE ARE NECESSARY TO EXPEDITE THE BUSINESS OF THE COURT AND THAT HE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89039-01-9
A. 1632 2
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. A retired judge or justice shall be subject to
assignment by the appellate division of the supreme court of the judi-
cial department of his or her residence. Any retired justice of the
supreme court who had been designated 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 2. Resolved (if the Senate concur), That the foregoing amendment 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.