Assembly Bill A1842

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

                                  1842

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. BREN-
  NAN -- read once and referred to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to article 6 of the constitution,  in  relation  to
  the  composition  of  judicial  departments and the abolishment of the
  court of claims, the county court, the family courts, the  surrogate's
  court, the city-wide courts of civil and criminal jurisdiction for the
  city  of  New York and the district court, merging the jurisdiction of
  such courts with that of the supreme court, providing for  the  manner
  of  selecting  justices  of  the  supreme  court  and  designating the
  justices of the appellate divisions, and the repeal of  subdivision  a
  of  section  4  and  sections 9-a, 10-a, 11-a, 12-a, 13-a, 14-a, 15-a,
  16-a, 21-a, 34, 35, 36, 36-a, 36-c and 37 of article 6 thereof  relat-
  ing thereto

  Section 1.  Resolved (if the Senate concur), That section 1 of article
6 of the constitution be amended to read as follows:
  Section 1. a. There shall be a unified court system for the state. The
state-wide  courts  shall  consist  of  the  court of appeals[,] AND the
supreme court including the appellate divisions thereof[, the  court  of
claims,  the  county court, the surrogate's court and the family court],
as hereinafter provided. [The legislature shall establish in and for the
city of New York, as part of the unified court system for the  state,  a
single,  city-wide  court  of civil jurisdiction and a single, city-wide
court of criminal jurisdiction, as hereinafter provided,  and  may  upon
the  request  of the mayor and the local legislative body of the city of
New York, merge the two courts into one city-wide court  of  both  civil
and criminal jurisdiction.] The unified court system for the state shall
also  include  the [district,] town, city and village courts outside the
city of New York, as hereinafter provided.
  b. The court of appeals, the supreme  court  including  the  appellate
divisions  thereof,  [the  court of claims, the county court, the surro-
gate's court, the family court, the courts or court of civil and  crimi-

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

                                                           LBD89042-01-9

A. 1842                             2

nal  jurisdiction of the city of New York,] and such other courts as the
legislature may determine shall be courts of record.
  c.  All  processes,  warrants  and  other  mandates  of  the  court of
appeals[,] AND the supreme court including the appellate divisions ther-
eof, [the court of claims, the county court, the surrogate's  court  and
the  family  court] may be served and executed in any part of the state.
[All processes, warrants and other mandates of the courts  or  court  of
civil  and criminal jurisdiction of the city of New York may, subject to
such limitation as may be prescribed by the legislature, be  served  and
executed  in  any  part  of the state.] The legislature may provide that
processes, warrants and other mandates of the  [district  court  may  be
served  and  executed  in  any  part  of  the  state and that processes,
warrants and other mandates of] town, village and  city  courts  outside
the city of New York may be served and executed in any part of the coun-
ty  in  which  such  courts  are located or in any part of any adjoining
county.
  S 2. Resolved (if the Senate concur), That subdivision a of section  4
of  article 6 of the constitution be REPEALED and a new subdivision a be
added to read as follows:
  A. THE LEGISLATURE SHALL WITHIN TWO YEARS OF  THE  EFFECTIVE  DATE  OF
THIS SUBDIVISION, AND MAY ONCE AFTER EACH FEDERAL DECENNIAL CENSUS THER-
EAFTER, DIVIDE THE STATE INTO NOT LESS THAN FOUR NOR MORE THAN SIX JUDI-
CIAL DEPARTMENTS. EACH JUDICIAL DEPARTMENT SHALL BE BOUNDED BY THE LINES
OF  JUDICIAL  DISTRICTS. THE JUDICIAL DEPARTMENTS HERETOFORE ESTABLISHED
AND IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL CONTIN-
UE UNTIL CHANGED BY THE LEGISLATURE.
  S 3. Resolved (if the Senate concur), That subdivision c of section  4
of article 6 of the constitution be amended to read as follows:
  c.  The  governor shall designate the presiding justice of each appel-
late division, who shall act as such during his or her  term  of  office
and  shall  be  a  resident of the department. The other justices of the
appellate divisions shall be designated by the governor,  from  all  the
justices  [elected to] OF the supreme court, OTHER THAN THOSE SERVING BY
INTERIM APPOINTMENT PURSUANT TO SECTION THIRTEEN OF  THIS  ARTICLE,  for
terms  of five years or the unexpired portions of their respective terms
of office, if less than five years.
  S 4. Resolved (if the Senate concur), That section 6 of article  6  of
the constitution be amended to read as follows:
  S  6.  a.  The  state  shall  be divided into [eleven] TWELVE judicial
districts. The first judicial district shall consist of the [counties of
Bronx and] COUNTY OF  New  York.  The  second  judicial  district  shall
consist  of  the  counties  of  Kings  and  Richmond. The third judicial
district shall consist of the  counties  of  Albany,  Columbia,  Greene,
Rensselaer,  Schoharie,  Sullivan[,]  and  Ulster.  The  fourth judicial
district shall consist of the  counties  of  Clinton,  Essex,  Franklin,
Fulton,  Hamilton,  Montgomery,  St.  Lawrence,  Saratoga,  Schenectady,
Warren and Washington. The fifth judicial district shall consist of  the
counties  of Herkimer, Jefferson, Lewis, Oneida, Onondaga[,] and Oswego.
The sixth judicial district shall consist of  the  counties  of  Broome,
Chemung,  Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga
and Tompkins. The seventh judicial district shall consist of  the  coun-
ties  of Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and
Yates. The eighth judicial district shall consist  of  the  counties  of
Allegany,  Cattaraugus,  Chautauqua, Erie, Genesee, Niagara, Orleans and
Wyoming. The ninth judicial district shall consist of  the  counties  of
Dutchess,  Orange,  Putnam, Rockland and Westchester. The tenth judicial

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district shall consist of the counties of Nassau and Suffolk. The  elev-
enth  judicial  district  shall  consist  of  the  county of Queens. THE
TWELFTH JUDICIAL DISTRICT SHALL CONSIST OF THE COUNTY OF BRONX.
  b.  [Once every ten years the legislature may increase or decrease the
number of judicial  districts  or  alter  the  composition  of  judicial
districts  and  thereupon  re-apportion  the  justices  to be thereafter
elected in the  judicial  districts  so  altered]  THE  LEGISLATURE  MAY
INCREASE  OR  DECREASE  THE  NUMBER  OF  JUDICIAL DISTRICTS OR ALTER THE
COMPOSITION OF JUDICIAL DISTRICTS AT ANY TIME WITHIN TWO  YEARS  OF  THE
EFFECTIVE DATE OF THIS SUBDIVISION AND ONCE AFTER EACH FEDERAL DECENNIAL
CENSUS. Each judicial district shall be bounded by county lines.
  c.  [The justices of the supreme court shall be chosen by the electors
of the judicial district in which they  are  to  serve.]  The  terms  of
justices  of the supreme court shall be fourteen years [from and includ-
ing the first day of January next after their election].
  d. The supreme court is continued. It shall consist of the  number  of
justices  of  the supreme court including the justices designated to the
appellate divisions of the supreme court, [judges of the county court of
the counties of Bronx, Kings, Queens and  Richmond  and  judges  of  the
court of general sessions of the county of New York authorized by law on
the  thirty-first day of August next after the approval and ratification
of this amendment by the people] AND JUDGES  OF  THE  COURT  OF  CLAIMS,
JUDGES  OF  THE  COUNTY COURT, JUDGES OF THE FAMILY COURT, JUDGES OF THE
DISTRICT COURTS AND JUDGES OF THE CITY-WIDE COURT OF CRIMINAL  JURISDIC-
TION  OF  THE CITY OF NEW YORK AND ELECTED JUDGES OF THE CITY-WIDE COURT
OF CIVIL JURISDICTION OF THE CITY OF NEW YORK  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SECTION TWENTY-SEVEN OF THIS ARTICLE, all of whom shall be
justices  of  the  supreme  court  for the remainder of their terms. THE
JUDGES OF THE COURT OF CLAIMS IN OFFICE ON THE DATE OF ABOLITION OF THAT
COURT IN ACCORDANCE WITH SECTION TWENTY-SEVEN OF  THIS  ARTICLE,  SHALL,
FOR THE REMAINDER OF THE TERMS FOR WHICH THEY WERE APPOINTED,  BE STATE-
WIDE  JUSTICES  OF  THE SUPREME COURT.   SUCH SUPREME COURT JUSTICES AND
THEIR SUCCESSORS IN SUCH OFFICES SHALL BE KNOWN AS STATEWIDE JUSTICES OF
THE SUPREME COURT.
  E. EXCEPT FOR STATEWIDE JUSTICES OF  THE  SUPREME  COURT  AND  SUPREME
COURT  JUSTICES IN OFFICE ON THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
JUSTICES OF THE SUPREME COURT SHALL BE RESIDENTS OF THE COUNTY IN  WHICH
THEY  ARE  TO SERVE.   SUPREME COURT JUSTICES IN OFFICE ON THE EFFECTIVE
DATE OF THIS SUBDIVISION SHALL BE RESIDENTS OF THE JUDICIAL DISTRICT  IN
WHICH  THEY  ARE  TO SERVE. EXCEPT FOR STATEWIDE JUSTICES OF THE SUPREME
COURT AND SUPREME COURT JUSTICES  WITHIN  THE  CITY  OF  NEW  YORK,  ALL
SUPREME COURT JUSTICES SHALL BE APPOINTED BY THE GOVERNOR UPON THE NOMI-
NATION  OF THE CHIEF ELECTED OFFICIAL OF THE COUNTY IN WHICH THEY ARE TO
SERVE BY AND WITH THE ADVICE AND CONSENT OF THE SENATE  AS  PROVIDED  IN
SECTION  THIRTEEN  OF  THIS ARTICLE.   STATEWIDE JUSTICES OF THE SUPREME
COURT SHALL BE APPOINTED BY THE GOVERNOR BY  AND  WITH  THE  ADVICE  AND
CONSENT  OF  THE SENATE AS PROVIDED IN SECTION THIRTEEN OF THIS ARTICLE.
SUPREME COURT JUSTICES WITHIN THE CITY OF NEW YORK SHALL BE APPOINTED BY
THE GOVERNOR UPON THE NOMINATION OF THE MAYOR OF THE CITY OF NEW YORK BY
AND WITH THE ADVICE AND CONSENT OF THE SENATE  AS  PROVIDED  IN  SECTION
THIRTEEN OF THIS ARTICLE.
  F.  The legislature may increase OR DECREASE the number of justices of
the supreme court in any judicial district, OR THE NUMBER  OF  STATEWIDE
JUSTICES  OF  THE SUPREME COURT, except that [the number in any district
shall not be increased to exceed one  justice  for  fifty  thousand,  or
fraction over thirty thousand, of the population thereof as shown by the

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last  federal  census or state enumeration. The legislature may decrease
the number of justices of the supreme court in  any  judicial  district,
except that the number in any district shall not be less than the number
of justices of the supreme court authorized by law on the effective date
of  this  article]  UPON  THE  ABOLITION OF THE COUNTY COURT PURSUANT TO
SECTION TWENTY-SEVEN OF THIS  ARTICLE,  THERE  SHALL  BE  AT  LEAST  ONE
JUSTICE  OF  THE  SUPREME  COURT,  OTHER THAN A STATEWIDE JUSTICE OF THE
SUPREME COURT, SELECTED FROM EACH COUNTY OF THE STATE, WHO  SHALL  BE  A
RESIDENT OF THAT COUNTY.
  [e]  G.  The  clerks  of  the  several counties shall be clerks of the
supreme court, with such powers and duties as  shall  be  prescribed  by
law.
  S  5.  Resolved (if the Senate concur), That section 7 of article 6 of
the constitution be amended to read as follows:
  S 7. a. The supreme court shall have general original jurisdiction  in
law  and  equity,  INCLUDING  THE  JURISDICTION  OF THE COURTS ABOLISHED
PURSUANT TO SECTION TWENTY-SEVEN OF  THIS  ARTICLE,  and  the  appellate
jurisdiction  herein  provided.  [In the city of New York, it shall have
exclusive jurisdiction over crimes prosecuted by  indictment,  provided,
however, that the legislature may grant to the city-wide court of crimi-
nal  jurisdiction of the city of New York jurisdiction over misdemeanors
prosecuted by indictment and to the family court in the city of New York
jurisdiction over crimes and offenses by or against  minors  or  between
spouses or between parent and child or between members of the same fami-
ly or household.]
  b.  IN  EACH COUNTY HAVING A POPULATION IN EXCESS OF TWO HUNDRED THOU-
SAND INHABITANTS AS OF THE MOST RECENT DECENNIAL CENSUS THERE SHALL BE A
SEPARATE SURROGATE'S DIVISION OF THE SUPREME COURT WHICH SHALL  EXERCISE
JURISDICTION OVER ALL ACTIONS AND PROCEEDINGS RELATING TO THE AFFAIRS OF
DECEDENTS,  PROBATE OF WILLS, ADMINISTRATION OF ESTATES, GUARDIANSHIP OF
THE PROPERTY OF MINORS, LIFETIME  TRUSTS,  CONSERVATORSHIPS,  COMMITTEES
FOR  INCOMPETENTS OR PATIENTS, ACTIONS OR PROCEEDINGS ARISING THEREUNDER
OR PERTAINING THERETO AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY  LAW.
JUDGES  WHO  HOLD OR ASSUME THE OFFICE OF JUDGE OF THE SURROGATE'S COURT
IN ANY SUCH COUNTY ON THE EFFECTIVE DATE OF THIS SUBDIVISION, AND  THEIR
SUCCESSORS IN OFFICE SHALL BE ASSIGNED BY THE CHIEF ADMINISTRATOR TO THE
SURROGATE'S DIVISION.
  C.  If  the  legislature  shall  create  new  classes  of  actions and
proceedings, the supreme court shall have jurisdiction over such classes
of actions and proceedings, but the legislature may provide that another
court or other courts shall also have jurisdiction and that actions  and
proceedings  of  such  classes  may be originated in such other court or
courts.
  S 6. Resolved (if the Senate concur), That subdivisions  d  and  e  of
section  8  of  article  6  of  the  constitution  be amended to read as
follows:
  d. If so directed by the  appellate  division  of  the  supreme  court
establishing  an  appellate term, an appellate term shall have jurisdic-
tion to hear and determine appeals [now or hereafter] authorized by  law
to  be  taken  [to the supreme court or] to the appellate division other
than [appeals from the supreme court, a surrogate's  court,  the  family
court  or]  appeals  in  criminal  cases  prosecuted by indictment or by
information as provided in section six of article one.
  e. As may be provided by law, an appellate term shall  have  jurisdic-
tion  to hear and determine appeals from [the district court or] a town,
village or city court outside the city of New York.

A. 1842                             5

  S 7. Resolved (if the Senate concur), That subdivision a of section  9
of  article 6 of the constitution, such section as renumbered by section
ten of this resolution, be amended to read as follows:
  a.  Courts for towns, villages and cities outside the city of New York
are continued and shall have the jurisdiction prescribed by the legisla-
ture [but not in any  respect  greater  than  the  jurisdiction  of  the
district  court  as  provided  in  section  sixteen  of this article] IN
ACTIONS  AND  PROCEEDINGS  FOR  THE  RECOVERY  OF  MONEY,  ACTIONS   AND
PROCEEDINGS FOR THE RECOVERY OF CHATTELS AND ACTIONS AND PROCEEDINGS FOR
THE FORECLOSURE OF MECHANIC'S LIENS AND LIENS ON PERSONAL PROPERTY WHERE
THE  AMOUNT SOUGHT TO BE RECOVERED OR THE VALUE OF THE PROPERTY SHALL BE
FIXED BY LAW BUT SHALL NOT EXCEED FIFTEEN THOUSAND DOLLARS EXCLUSIVE  OF
INTEREST  AND  COSTS,  SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL
PROPERTY AND TO REMOVE TENANTS THEREFROM, CRIMES AND OTHER VIOLATIONS OF
LAW, OTHER THAN THOSE PROSECUTED BY  INDICTMENT  OR  BY  INFORMATION  AS
PROVIDED  IN SECTION SIX OF ARTICLE ONE, AND OVER SUCH OTHER ACTIONS AND
PROCEEDINGS NOT WITHIN THE EXCLUSIVE JURISDICTION OF THE SUPREME  COURT,
AS MAY BE PROVIDED BY LAW.  THE COURTS SHALL FURTHER EXERCISE SUCH EQUI-
TY  JURISDICTION  AS  MAY  BE  PROVIDED BY LAW AND THEIR JURISDICTION TO
ENTER JUDGMENT UPON A COUNTERCLAIM FOR THE RECOVERY OF MONEY ONLY  SHALL
BE UNLIMITED, IF PROVIDED BY LAW.
  S  8.    Resolved (if the Senate concur), That sections 9, 10, 11, 12,
13, 14, 15, 16 and 21 of article 6 of  the  constitution  be  renumbered
sections 9-a, 10-a, 11-a, 12-a, 13-a, 14-a, 15-a, 16-a and 21-a.
  S  9.  Resolved (if the Senate concur), That sections 9-a, 10-a, 11-a,
12-a, 13-a, 14-a, 15-a, 16-a and 21-a of article 6 of the  constitution,
as  renumbered by section eight of this resolution, and sections 34, 35,
36, 36-a, 36-c and 37 of article 6 of the constitution be REPEALED.
  S 10. Resolved (if the Senate concur), That sections 17, 18,  19,  20,
22,  23,  24,  25, 26, 27, 28, 29, 30, 31, 32 and 33 of article 6 of the
constitution be renumbered sections 9, 10, 11, 12, 15, 16, 17,  18,  19,
20, 21, 22, 23, 24, 25 and 26.
  S 11. Resolved (if the Senate concur), That section 11 of article 6 of
the  constitution,  as  renumbered by section ten of this resolution, be
amended to read as follows:
  S 11.  a.  The supreme court may transfer any  action  or  proceeding,
except  one  over  which it shall have exclusive jurisdiction which does
not depend upon the monetary amount sought, to any  other  court  having
jurisdiction  of  the  subject  matter  within  the  judicial department
provided that such other court has  jurisdiction  over  the  classes  of
persons  named as parties.  As may be provided by law, the supreme court
may transfer to itself any action or proceeding originated or pending in
another court within the judicial department [other than  the  court  of
claims]  upon  a  finding that such a transfer will promote the adminis-
tration of justice.
  b.  [The county court shall transfer to the supreme  court  or  surro-
gate's court or family court any action or proceeding which has not been
transferred  to it from the supreme court or surrogate's court or family
court and over which the county court has no jurisdiction.   The  county
court may transfer any action or proceeding, except a criminal action or
proceeding  involving  a felony prosecuted by indictment or an action or
proceeding required by this article to be dealt with in the  surrogate's
court  or  family  court,  to  any  court, other than the supreme court,
having jurisdiction of the subject matter  within  the  county  provided
that such other court has jurisdiction over the classes of persons named
as parties.

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  c.    As may be provided by law, the supreme court or the county court
may transfer to the county court any action or proceeding originated  or
pending  in  the district court or a town, village or city court outside
the city of New York upon a finding that such a  transfer  will  promote
the administration of justice.
  d.    The surrogate's court shall transfer to the supreme court or the
county court or the family court or the courts for the city of New  York
established  pursuant  to  section fifteen of this article any action or
proceeding which has not been transferred to it from any of said  courts
and over which the surrogate's court has no jurisdiction.
  e.  The family court shall transfer to the supreme court or the surro-
gate's  court or the county court or the courts for the city of New York
established pursuant to section fifteen of this article  any  action  or
proceeding  which has not been transferred to it from any of said courts
and over which the family court has no jurisdiction.
  f.   The courts for the city  of  New  York  established  pursuant  to
section  fifteen  of this article shall transfer to the supreme court or
the surrogate's court or the family court any action or proceeding which
has not been transferred to them from any of said courts and over  which
the said courts for the city of New York have no jurisdiction.
  g.    As  may be provided by law, the supreme court shall transfer any
action or proceeding to any  other  court  having  jurisdiction  of  the
subject  matter  in  any other judicial district or county provided that
such other court has jurisdiction over the classes of persons  named  as
parties.
  h.    As  may  be  provided  by law, the county court, the surrogate's
court, the family court and the courts for the city of New  York  estab-
lished  pursuant  to  section  fifteen  of this article may transfer any
action or proceeding, other than one which has  previously  been  trans-
ferred  to  it,  to  any  other  court, except the supreme court, having
jurisdiction of the subject matter in any  other  judicial  district  or
county  provided that such other court has jurisdiction over the classes
of persons named as parties.
  i.] As may be provided by law, [the district court or] a town, village
or city court outside the city of New York may transfer  any  action  or
proceeding,  other than one which has previously been transferred to it,
to any court, other than [the county court or the surrogate's  court  or
the  family  court  or]  the  supreme  court, having jurisdiction of the
subject matter in the same or an adjoining  county  provided  that  such
other  court  has  jurisdiction  over  the  classes  of persons named as
parties.
  [j] C.   Each court shall exercise jurisdiction  over  any  action  or
proceeding transferred to it pursuant to this section.
  [k]  D.    The legislature may provide that the verdict or judgment in
actions and proceedings so transferred shall not be subject to the limi-
tation of monetary jurisdiction of the court to which  the  actions  and
proceedings are transferred if that limitation be lower than that of the
court in which the actions and proceedings were originated.
  S  12.  Resolved (if the Senate concur), That subdivision a, the open-
ing paragraph of subdivision b and subdivision c of section 12 of  arti-
cle  6 of the constitution, such section as renumbered by section ten of
this resolution, be amended to read as follows:
  a. No person, other than one who holds [such] office at the  effective
date of SECTION THIRTEEN OF this article, may assume the office of judge
of the court of appeals[,] OR justice of the supreme court[, or judge of
the  court of claims] unless he or she has been admitted to practice law

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in this state at least ten years. No person, other than  one  who  holds
such office at the effective date of this article, may assume the office
of  judge of [the county court, surrogate's court, family court, a court
for the city of New York established pursuant to section fifteen of this
article,  district  court  or] A city court outside the city of New York
unless he or she has been admitted to practice  law  in  this  state  at
least  five years or such greater number of years as the legislature may
determine.
  A judge of the court of appeals[,] OR justice of  the  supreme  court,
[judge  of  the  court  of claims, judge of a county court, judge of the
surrogate's court, judge of the family court or judge of a court for the
city of New York established pursuant to section fifteen of  this  arti-
cle]  who is elected or appointed after the effective date of this arti-
cle, may not:
  c. Qualifications for and restrictions upon the judges of  [district,]
town,  village  or  city courts outside the city of New York, other than
such qualifications and restrictions specifically set forth in  subdivi-
sion  a  of  this  section,  shall  be  prescribed  by  the legislature,
provided, however, that the legislature shall require a course of train-
ing and education to be completed by justices of town and village courts
selected after the effective date of this  article  who  have  not  been
admitted to practice law in this state. Judges of such courts shall also
be subject to such rules of conduct not inconsistent with laws as may be
promulgated  by  the chief administrator of the courts with the approval
of the court of appeals.
  S 13. Resolved (if the Senate concur), That article 6 of the constitu-
tion be amended by adding two new sections 13 and 14 to read as follows:
  S 13. A. THERE SHALL BE A  JUDICIAL  NOMINATING  COMMISSION  FOR  EACH
JUDICIAL  DISTRICT  OUTSIDE  THE CITY OF NEW YORK TO EVALUATE THE QUALI-
FICATIONS OF CANDIDATES FOR APPOINTMENT IN SUCH DISTRICT TO  THE  OFFICE
OF  JUSTICE  OF  THE  SUPREME  COURT  OTHER THAN THE OFFICE OF STATEWIDE
JUSTICE OF THE SUPREME COURT.   THERE SHALL BE  ONE  CITY-WIDE  JUDICIAL
NOMINATING  COMMISSION  TO EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR
APPOINTMENT TO THE OFFICE OF JUSTICE OF THE  SUPREME  COURT  WITHIN  THE
CITY  OF  NEW  YORK,  OTHER  THAN THE OFFICE OF STATEWIDE JUSTICE OF THE
SUPREME COURT. THERE SHALL BE ONE STATEWIDE JUDICIAL NOMINATING  COMMIS-
SION TO EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR APPOINTMENT TO THE
OFFICE OF STATEWIDE JUSTICE OF THE SUPREME COURT, AND FOR DESIGNATION TO
THE OFFICE OF PRESIDING JUSTICE AND JUSTICE OF THE APPELLATE DIVISION.
  B.  (1)    EACH  SUCH  COMMISSION  SHALL  CONSIST OF THIRTEEN AT-LARGE
MEMBERS OF WHOM FOUR SHALL BE APPOINTED BY THE GOVERNOR,  THREE  BY  THE
CHIEF JUDGE OF THE COURT OF APPEALS, ONE EACH BY THE TEMPORARY PRESIDENT
OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND ONE BY THE PRESIDENT
OF THE NEW YORK STATE BAR ASSOCIATION.  THE CHIEF ADMINISTRATOR  OF  THE
COURTS  SHALL  BE  A MEMBER OF THE STATEWIDE JUDICIAL NOMINATING COMMIS-
SION.  EACH COMMISSION, OTHER THAN  THE  STATEWIDE  JUDICIAL  NOMINATING
COMMISSION,  ALSO  SHALL  INCLUDE  ONE  AT-LARGE MEMBER APPOINTED BY THE
PRESIDING JUSTICE OF THE APPELLATE DIVISION OF THE DEPARTMENT  IN  WHICH
THE DISTRICT IS LOCATED AND TWO REGIONAL MEMBERS FROM EACH COUNTY IN THE
DISTRICT  APPOINTED  BY THE CHIEF ELECTED OFFICIAL OF THE COUNTY, EXCEPT
THAT THERE SHALL BE FOUR REGIONAL MEMBERS APPOINTED FROM EACH COUNTY  IN
THE  CITY  OF  NEW  YORK,  TWO  OF  WHOM SHALL BE APPOINTED BY THE CHIEF
ELECTED OFFICIAL OF SUCH COUNTY  AND TWO OF WHOM SHALL BE  APPOINTED  BY
THE  MAYOR  OF  SUCH  CITY.  REGIONAL  MEMBERS SHALL SERVE ONLY WHEN THE
VACANT OFFICE IS TO BE FILLED BY A RESIDENT OF THEIR COUNTY.

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  (2) OF THE FOUR MEMBERS OF EACH COMMISSION APPOINTED BY THE  GOVERNOR,
NOT  MORE  THAN TWO SHALL BE ENROLLED IN THE SAME POLITICAL PARTY AND AT
LEAST TWO SHALL NOT BE MEMBERS OF THE BAR OF THE STATE.   OF  THE  THREE
MEMBERS  APPOINTED  BY THE CHIEF JUDGE OF THE COURT OF APPEALS, NOT MORE
THAN TWO SHALL BE MEMBERS OF THE BAR OF THE STATE.  THE MEMBER APPOINTED
BY  THE PRESIDING JUSTICE OF THE APPELLATE DIVISION SHALL BE A MEMBER OF
THE BAR OF THE STATE.  THE TWO REGIONAL MEMBERS FROM EACH COUNTY OUTSIDE
THE CITY OF NEW YORK SHALL NOT BE ENROLLED IN THE SAME  POLITICAL  PARTY
AND ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE.  THE TWO REGIONAL
MEMBERS  FROM EACH COUNTY IN THE CITY OF NEW YORK APPOINTED BY THE CHIEF
ELECTED OFFICIAL OF EACH SUCH COUNTY SHALL NOT BE ENROLLED IN  THE  SAME
POLITICAL  PARTY  AND ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE,
AND THE TWO REGIONAL MEMBERS FROM EACH COUNTY IN THE CITY  OF  NEW  YORK
APPOINTED  BY  THE  MAYOR OF SUCH CITY SHALL NOT BE ENROLLED IN THE SAME
POLITICAL PARTY AND ONE SHALL NOT BE A MEMBER OF THE BAR OF  THE  STATE.
EXCEPT  FOR  THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS,  NO AT-LARGE OR
REGIONAL MEMBER OF ANY COMMISSION SHALL HOLD OR HAVE HELD  ANY  JUDICIAL
OFFICE  OR  HOLD  ANY ELECTED PUBLIC OFFICE FOR WHICH HE OR SHE RECEIVES
COMPENSATION DURING HIS OR HER PERIOD OF SERVICE, EXCEPT THAT THE GOVER-
NOR AND CHIEF JUDGE MAY EACH APPOINT NO MORE THAN ONE  FORMER  JUDGE  OR
JUSTICE  OF THE UNIFIED COURT SYSTEM TO EACH COMMISSION.  NO AT-LARGE OR
REGIONAL MEMBER OF ANY COMMISSION SHALL HOLD  OFFICE  IN  ANY  POLITICAL
PARTY,  AND, EXCEPT FOR THE CHIEF ADMINISTRATOR OF THE COURTS, NO MEMBER
SHALL BE ELIGIBLE FOR APPOINTMENT TO JUDICIAL OFFICE IN ANY COURT OF THE
STATE DURING THE MEMBER'S PERIOD OF SERVICE OR WITHIN ONE YEAR THEREAFT-
ER.
  (3) THE MEMBERS OF EACH COMMISSION FIRST  APPOINTED  BY  THE  GOVERNOR
SHALL  HAVE,  RESPECTIVELY, ONE, TWO, THREE AND FOUR YEAR TERMS AS HE OR
SHE SHALL DESIGNATE.  THE MEMBERS FIRST APPOINTED BY THE CHIEF JUDGE  OF
THE  COURT OF APPEALS SHALL HAVE, RESPECTIVELY, TWO, THREE AND FOUR YEAR
TERMS AS HE OR SHE SHALL DESIGNATE.  THE MEMBER FIRST APPOINTED  BY  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  SHALL HAVE A FOUR YEAR TERM.  THE
MEMBER FIRST APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL HAVE A THREE
YEAR TERM.  THE MEMBER FIRST APPOINTED BY THE  MINORITY  LEADER  OF  THE
SENATE  SHALL  HAVE  A TWO YEAR TERM.  THE MEMBER FIRST APPOINTED BY THE
MINORITY LEADER OF THE ASSEMBLY SHALL HAVE A ONE YEAR TERM.  THE MEMBERS
FIRST APPOINTED BY THE PRESIDING JUSTICE OF THE APPELLATE  DIVISION  AND
THE PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION SHALL HAVE FOUR YEAR
TERMS.    THE  REGIONAL MEMBERS FIRST APPOINTED FROM EACH COUNTY OUTSIDE
THE CITY OF NEW YORK SHALL HAVE, RESPECTIVELY, TWO AND FOUR  YEAR  TERMS
AS  THE PERSON APPOINTING THEM SHALL DESIGNATE. THE TWO REGIONAL MEMBERS
APPOINTED FROM EACH COUNTY WITHIN THE CITY OF  NEW  YORK  BY  THE  CHIEF
ELECTED  OFFICIAL OF EACH COUNTY SHALL HAVE, RESPECTIVELY, ONE AND THREE
YEAR TERMS AS THE PERSON APPOINTING THEM SHALL  DESIGNATE  AND  THE  TWO
REGIONAL  MEMBERS APPOINTED FROM EACH COUNTY WITHIN THE CITY OF NEW YORK
BY THE MAYOR OF SUCH CITY SHALL HAVE, RESPECTIVELY, TWO  AND  FOUR  YEAR
TERMS  AS  THE MAYOR SHALL DESIGNATE.  EACH SUBSEQUENT APPOINTMENT SHALL
BE FOR A TERM OF FOUR YEARS.
  (4) THE GOVERNOR SHALL DESIGNATE A  CHAIRPERSON  FOR  EACH  COMMISSION
FROM AMONG ITS AT-LARGE MEMBERS.
  (5)  EACH  AT-LARGE  MEMBER OF EACH COMMISSION SHALL BE A RESIDENT OF,
HAVE AN OFFICE IN OR WORK IN THE JUDICIAL DISTRICT IN WHICH HE OR SHE IS
TO SERVE, EXCEPT THAT EACH AT-LARGE MEMBER OF THE  CITY-WIDE  COMMISSION
FOR  THE  CITY  OF NEW YORK SHALL BE A RESIDENT OF, HAVE AN OFFICE IN OR
WORK IN SUCH CITY AND EACH AT-LARGE MEMBER OF THE  STATEWIDE  COMMISSION
SHALL BE A RESIDENT OF THE STATE.

A. 1842                             9

  C.   (1)   THE STATEWIDE JUDICIAL NOMINATING COMMISSION SHALL CONSIDER
THE QUALIFICATIONS OF ALL CANDIDATES FOR APPOINTMENT TO  THE  OFFICE  OF
STATEWIDE  JUSTICE  OF  THE  SUPREME  COURT  AND  FOR DESIGNATION TO THE
OFFICES OF PRESIDING JUSTICE AND JUSTICE OF THE APPELLATE DIVISION;  AND
EACH SUCH OTHER DISTRICT COMMISSION SHALL CONSIDER THE QUALIFICATIONS OF
CANDIDATES FOR APPOINTMENT OUTSIDE THE CITY OF NEW YORK TO THE OFFICE OF
JUSTICE OF THE SUPREME COURT OTHER THAN STATEWIDE JUSTICE OF THE SUPREME
COURT.  THE CITY-WIDE COMMISSION FOR THE CITY OF NEW YORK SHALL CONSIDER
CANDIDATES  FOR APPOINTMENT WITHIN SUCH CITY TO THE OFFICE OF JUSTICE OF
THE SUPREME COURT OTHER THAN STATEWIDE JUSTICE  OF  THE  SUPREME  COURT.
WHENEVER  ONE  OR  MORE VACANCIES IN SUCH OFFICES OCCUR, THE APPROPRIATE
COMMISSION SHALL PREPARE A WRITTEN REPORT AND RECOMMEND TO THE APPROPRI-
ATE APPOINTING AUTHORITY PERSONS WHO BY  THEIR  CHARACTER,  TEMPERAMENT,
PROFESSIONAL  APTITUDE  AND EXPERIENCE ARE WELL-QUALIFIED FOR THAT JUDI-
CIAL OFFICE.  EXCEPT AS MAY OTHERWISE BE PROVIDED BY LAW, NO PERSON  MAY
BE RECOMMENDED TO FILL A VACANCY IN THE OFFICE OF JUSTICE OF THE SUPREME
COURT,  EXCEPT FOR THE OFFICE OF STATEWIDE JUSTICE OF THE SUPREME COURT,
UNLESS HE OR SHE IS A RESIDENT OF THE COUNTY IN WHICH THE LAST PERSON TO
HOLD SUCH OFFICE RESIDED WHEN HE OR SHE LAST ASSUMED IT.
  (2) THE LEGISLATURE SHALL PRESCRIBE BY LAW THE ORGANIZATION AND PROCE-
DURE OF EACH COMMISSION, PROVIDED, HOWEVER,  THAT  WHERE  THERE  IS  ONE
VACANCY  TO  BE  FILLED,  AT  LEAST THREE PERSONS AND NOT MORE THAN FIVE
PERSONS SHALL BE RECOMMENDED AS PROVIDED HEREIN;  WHERE  THERE  ARE  TWO
VACANCIES  TO  BE  FILLED  BY  RESIDENTS  OF THE SAME COUNTY OR JUDICIAL
DISTRICT, OR IN THE OFFICE OF STATEWIDE JUSTICE OF THE SUPREME COURT, AT
LEAST FIVE PERSONS AND NOT MORE THAN EIGHT PERSONS SHALL BE RECOMMENDED;
AND, WHERE THERE ARE THREE OR MORE VACANCIES TO BE FILLED  BY  RESIDENTS
OF  THE  SAME COUNTY OR JUDICIAL DISTRICT, OR IN THE OFFICE OF STATEWIDE
JUSTICE OF THE SUPREME COURT, THE NUMBER OF PERSONS RECOMMENDED  BY  THE
APPROPRIATE  COMMISSION SHALL BE AT LEAST TWO TIMES THE NUMBER OF VACAN-
CIES AND NOT MORE THAN THREE TIMES THE NUMBER OF  VACANCIES.    NOTWITH-
STANDING  THE  FOREGOING,  WHERE  A COMMISSION IS UNABLE TO RECOMMEND AS
WELL-QUALIFIED FOR THE OFFICE SUCH NUMBER OF PERSONS  AS  IS  PRESCRIBED
HEREIN,  IT  SHALL  RECOMMEND  SUCH  LESSER  NUMBER  OF  PERSONS WHO ARE
WELL-QUALIFIED THEREFOR.
  D.  (1)  FROM AMONG THOSE RECOMMENDED BY THE APPROPRIATE COMMISSION AS
PROVIDED IN PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION, THE GOVERNOR
SHALL APPOINT A PERSON TO FILL THE OFFICE OF STATEWIDE  JUSTICE  OF  THE
SUPREME  COURT,  BY  AND  WITH THE ADVICE AND CONSENT OF THE SENATE, AND
DESIGNATE A PERSON AS PRESIDING JUSTICE  OR  JUSTICE  OF  THE  APPELLATE
DIVISION;  THE  GOVERNOR  SHALL, UPON THE NOMINATION OF THE MAYOR OF THE
CITY OF NEW YORK, APPOINT A PERSON TO FILL THE OFFICE OF JUSTICE OF  THE
SUPREME  COURT  WITHIN  THE CITY OF NEW YORK, BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE; AND THE GOVERNOR SHALL, UPON  THE  NOMINATION  OF
THE  CHIEF  ELECTED  OFFICIAL  OF  THE COUNTY IN WHICH A VACANCY OCCURS,
APPOINT A PERSON TO FILL THE OFFICE OF  JUSTICE  OF  THE  SUPREME  COURT
OUTSIDE  THE CITY OF NEW YORK, BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE, WHENEVER A VACANCY OCCURS THEREIN.
  (2) IN THE CASE OF EACH APPOINTMENT THAT IS SUBJECT TO THE ADVICE  AND
CONSENT  OF  THE  SENATE,  THE GOVERNOR SHALL TRANSMIT TO THE SENATE THE
WRITTEN REPORT OF THE APPROPRIATE COMMISSION RELATING TO THE APPOINTEE.
  E. WHEN A VACANCY OCCURS IN THE OFFICE OF JUSTICE OF THE SUPREME COURT
AND THE SENATE IS NOT IN SESSION TO GIVE ITS ADVICE AND  CONSENT  TO  AN
APPOINTMENT  TO FILL THE VACANCY, THE GOVERNOR SHALL FILL THE VACANCY BY
INTERIM APPOINTMENT AS PROVIDED IN SUBDIVISION D OF THIS  SECTION.    AN
INTERIM  APPOINTMENT SHALL CONTINUE UNTIL THE SENATE SHALL PASS UPON THE

A. 1842                            10

SELECTION.  IF THE SENATE CONFIRMS AN APPOINTMENT, THE JUSTICE OR  JUDGE
SHALL  SERVE  A TERM AS PROVIDED IN SUBDIVISION C OF SECTION SIX OF THIS
ARTICLE FOR JUSTICES OF THE SUPREME COURT, COMMENCING FROM THE  DATE  OF
SUCH  AN  INTERIM APPOINTMENT.   IF THE SENATE REJECTS AN APPOINTMENT, A
VACANCY IN THE OFFICE SHALL OCCUR SIXTY DAYS AFTER SUCH REJECTION.
  S 14. A. THE RETENTION IN OFFICE OF EVERY JUSTICE OF THE SUPREME COURT
APPOINTED PURSUANT TO SECTION SIX OF THIS ARTICLE, OTHER THAN  STATEWIDE
JUSTICES OF THE SUPREME COURT, SHALL BE SUBJECT TO APPROVAL BY THE ELEC-
TORATE  OF  THE  COUNTY OF THE JUSTICE'S RESIDENCE AT THE TIME HE OR SHE
LAST ASSUMED OFFICE, AT THE NEXT GENERAL ELECTION FOLLOWING THE  EXPIRA-
TION  OF TWO YEARS FROM THE COMMENCEMENT OF HIS OR HER TERM, EXCEPT THAT
FOR JUSTICES OF THE SUPREME COURT IN OFFICE ON  THE  EFFECTIVE  DATE  OF
THIS  SECTION,  THE RETENTION IN OFFICE AT SUCH TIME SHALL BE SUBJECT TO
APPROVAL OF THE ELECTORATE OF THE JUDICIAL DISTRICT  OF  SUCH  JUSTICE'S
RESIDENCE  AT  THE  TIME  HE OR SHE LAST ASSUMED OFFICE.  AT LEAST SIXTY
DAYS BEFORE SUCH ELECTION, THE JUDICIAL NOMINATING  COMMISSION  FOR  THE
APPROPRIATE  JUDICIAL  DISTRICT  SHALL  PUBLISH A WRITTEN REPORT SETTING
FORTH THE QUALIFICATIONS OF THE CANDIDATE FOR RETENTION AND THE  COMMIS-
SION'S  RECOMMENDATION AS TO WHETHER OR NOT THE CANDIDATE IS WELL QUALI-
FIED FOR RETENTION BY VIRTUE  OF  HIS  OR  HER  CHARACTER,  TEMPERAMENT,
PROFESSIONAL  APTITUDE  AND EXPERIENCE.  THE FOLLOWING QUESTION SHALL BE
SUBMITTED TO THE ELECTORATE AT SUCH ELECTION:
  "SHALL ............ , A JUSTICE OF THE SUPREME COURT, BE  RETAINED  IN
OFFICE?"
  IF  A MAJORITY OF THOSE VOTING ON THE QUESTION VOTE "YES," THE JUSTICE
SHALL BE CONTINUED IN OFFICE UNTIL THE EXPIRATION OF HIS  OR  HER  TERM.
IF  A  MAJORITY  OF THOSE VOTING ON THE QUESTION VOTE "NO," A VACANCY IN
THE OFFICE SHALL BE CREATED AS OF THE FIRST DAY OF JANUARY IN  THE  YEAR
FOLLOWING  THE  ELECTION.    THIS SECTION SHALL APPLY TO JUSTICES OF THE
SUPREME COURT WHO ARE SERVING ON THE APPELLATE DIVISION AT  THE  EXPIRA-
TION  OF TWO YEARS FROM THE COMMENCEMENT OF THEIR TERM BUT A DESIGNATION
TO THE APPELLATE DIVISION SHALL NOT BE SUBMITTED TO THE  ELECTORATE  FOR
APPROVAL.
  B.    A  JUSTICE  OF THE SUPREME COURT WHO SHALL DESIRE TO RETAIN SUCH
JUDICIAL OFFICE FOR ANOTHER TERM AFTER  THE  EXPIRATION  OF  A  TERM  OF
OFFICE,  SHALL FILE WITH THE SECRETARY OF STATE AND ALSO SHALL FILE WITH
THE APPROPRIATE  JUDICIAL  NOMINATING  COMMISSION,  NOT  LESS  THAN  ONE
HUNDRED  EIGHTY DAYS PRIOR TO THE EXPIRATION OF SUCH TERM, A DECLARATION
OF INTENT TO SEEK ANOTHER TERM.  PRESIDING JUSTICES AND JUSTICES OF  THE
APPELLATE  DIVISION  WHO SHALL DESIRE TO RETAIN SUCH JUDICIAL OFFICE FOR
ANOTHER TERM AFTER THE EXPIRATION OF A TERM OF OFFICE ON  THE  APPELLATE
DIVISION,  REGARDLESS OF THE EXPIRATION DATE OF ANY SUPREME COURT OFFICE
THAT HE OR SHE ALSO HOLDS, SHALL FILE WITH THE SECRETARY  OF  STATE  AND
ALSO  SHALL  FILE WITH THE STATEWIDE JUDICIAL NOMINATING COMMISSION, NOT
LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF SUCH  TERM,
A  DECLARATION  OF  INTENT TO SEEK ANOTHER TERM.  FAILURE TO FILE SUCH A
DECLARATION WITHIN THE TIME SPECIFIED SHALL  CREATE  A  VACANCY  IN  THE
OFFICE AT THE END OF SUCH TERM.  IF SUCH JUSTICE OF THE SUPREME COURT OR
PRESIDING  JUSTICE  OR JUSTICE OF THE APPELLATE DIVISION IS FOUND BY HIS
OR HER CHARACTER, TEMPERAMENT, PROFESSIONAL APTITUDE AND  EXPERIENCE  TO
BE  WELL  QUALIFIED FOR REAPPOINTMENT, OR REDESIGNATION IN THE CASE OF A
PRESIDING JUSTICE OR JUSTICE OF THE APPELLATE DIVISION, BY THE APPROPRI-
ATE JUDICIAL NOMINATING COMMISSION, SUCH JUSTICE OR  PRESIDING  JUSTICE,
AS THE CASE MAY BE, SHALL CONTINUE IN OFFICE FOR A NEW TERM.

A. 1842                            11

  S  14.  Resolved (if the Senate concur), That subdivision b of section
16 of article 6 of the  constitution,  such  section  as  renumbered  by
section ten of this resolution, be amended to read as follows:
  b.  Judges  of [the court of claims, the county court, the surrogate's
court, the family court, the courts for the city of New York established
pursuant to section fifteen of this article,  the  district  court  and]
such other courts as the legislature may determine may be removed by the
senate,  on the recommendation of the governor, if two-thirds of all the
members elected to the senate concur therein.
  S 15. Resolved (if the Senate concur), That subdivisions a  and  b  of
section  18 of article 6 of the constitution, such section as renumbered
by section ten of this resolution, be amended to read as follows:
  a. The compensation of a judge of the court of appeals, a  justice  of
the supreme court, a judge of the court of claims, a judge of the county
court, [a judge of the surrogate's court, a judge of the family court, a
judge  of  a  court  for  the  city  of New York established pursuant to
section fifteen of this article, a judge of the district court] or of  a
retired  judge  or  justice shall be established by law and shall not be
diminished during the term of office for which he or she was elected  or
appointed.  [Any  judge or justice of a court abolished by section thir-
ty-five of this article, who pursuant to that section becomes a judge or
justice of a court established  or  continued  by  this  article,  shall
receive without interruption or diminution for the remainder of the term
for  which he or she was elected or appointed to the abolished court the
compensation he or she had been receiving upon  the  effective  date  of
this  article  together  with  any  additional  compensation that may be
prescribed by law.]
  b. Each judge of the court of appeals[,] AND 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 expe-
dite  the business of the court and that he or she is mentally and phys-
ically 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 Decem-
ber  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 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 OR COUNTY for
purposes of subdivision d of section six of this article.
  S 16. Resolved (if the Senate concur), That section 19 of article 6 of
the constitution, as renumbered by section ten of  this  resolution,  be
amended to read as follows:

A. 1842                            12

  S  19.  a.  A  justice  of the supreme court may perform the duties of
office or hold court in any county and may be  temporarily  assigned  to
the supreme court in any judicial district [or to the court of claims. A
justice  of the supreme court in the city of New York may be temporarily
assigned  to  the  family court in the city of New York or to the surro-
gate's court in any county within the city of New York when required  to
dispose of the business of such court].
  b. [A judge of the court of claims may perform the duties of office or
hold  court in any county and may be temporarily assigned to the supreme
court in any judicial district.
  c. A judge of the county court may perform the  duties  of  office  or
hold  court in any county and may be temporarily assigned to the supreme
court in the judicial department of his or her residence or to the coun-
ty court or the family court in any county or to the  surrogate's  court
in any county outside the city of New York or to a court for the city of
New York established pursuant to section fifteen of this article.
  d.  A  judge of the surrogate's court in any county within the city of
New York may perform the duties of office or hold court  in  any  county
and  may  be  temporarily  assigned to the supreme court in the judicial
department of his or her residence.
  e. A judge of the surrogate's court in any county outside the city  of
New  York  may  perform the duties of office or hold court in any county
and may be temporarily assigned to the supreme  court  in  the  judicial
department  of his or her residence or to the county court or the family
court in any county or to a court for the city of New  York  established
pursuant to section fifteen of this article.
  f.  A  judge  of  the family court may perform the duties of office or
hold court in any county and may be temporarily assigned to the  supreme
court in the judicial department of his or her residence or to the coun-
ty  court  or the family court in any county or to the surrogate's court
in any county outside of the city of New York or to a court for the city
of New York established pursuant to section fifteen of this article.
  g. A judge of a court for the city of New York established pursuant to
section fifteen of this article may perform the duties of office or hold
court in any county and may be temporarily assigned to the supreme court
in the judicial department of his or her  residence  or  to  the  county
court  or  the  family court in any county or to the other court for the
city of New York established pursuant to section fifteen of  this  arti-
cle.
  h.  A judge of the district court in any county may perform the duties
of office or hold court in any county and may be temporarily assigned to
the county court in the judicial department of his or her  residence  or
to  a  court  for  the  city of New York established pursuant to section
fifteen of this article or to the district court in any county.
  i.] Temporary assignments of [all the  foregoing  judges  or  justices
listed in this section] A JUSTICE OF THE SUPREME COURT, and of judges of
the  city  courts pursuant to paragraph two of subdivision [j] C of this
section, shall be made by the  chief  administrator  of  the  courts  in
accordance with standards and administrative policies established pursu-
ant to section [twenty-eight] TWENTY-ONE of this article.
  [j] C. (1) The legislature may provide for temporary assignments with-
in  the  county of residence or any adjoining county, of judges of town,
village or city courts outside the city of New York.
  (2) In addition to any temporary assignments to which  a  judge  of  a
city court may be subject pursuant to paragraph one of this subdivision,
such  judge  also may be temporarily assigned by the chief administrator

A. 1842                            13

of the courts to the county court, the  family  court  or  the  district
court  within  his  or  her  county of residence or any adjoining county
provided he or she is not permitted to practice law.
  [k]  D.  While temporarily assigned pursuant to the provisions of this
section, any judge or justice shall have the powers, duties  and  juris-
diction  of a judge or justice of the court to which assigned. After the
expiration of any temporary assignment, as provided in this section, the
judge or justice assigned shall have all the powers, duties  and  juris-
diction  of  a  judge  or  justice  of  the court to which he or she was
assigned with respect to matters pending before him or  her  during  the
term of such temporary assignment.
  S  17.  Resolved (if the Senate concur), That subdivision a of section
22 of article 6 of the  constitution,  such  section  as  renumbered  by
section ten of this resolution, be amended to read as follows:
  a.  The  legislature  shall  provide for the allocation of the cost of
operating and maintaining the court of appeals, the  appellate  division
of  the  supreme  court  in  each judicial department[,] AND the supreme
court, [the court of claims, the county court,  the  surrogate's  court,
the family court, the courts for the city of New York established pursu-
ant  to  section  fifteen of this article and the district court,] among
the state, the counties, the city of New York and other political subdi-
visions.
  S 18. Resolved (if the Senate concur), That article 6 of the constitu-
tion be amended by adding two new sections 27 and 28 to read as follows:
  S 27. A. THE COUNTY COURT, THE FAMILY COURT AND THE SURROGATE'S  COURT
SHALL BE ABOLISHED APRIL FIRST, TWO THOUSAND TWELVE. THE COURT OF CLAIMS
SHALL  BE  ABOLISHED JANUARY FIRST, TWO THOUSAND THIRTEEN. THE CITY-WIDE
COURTS OF CIVIL AND CRIMINAL JURISDICTION FOR THE CITY OF NEW  YORK  AND
THE  DISTRICT  COURT  SHALL  BE  ABOLISHED  JANUARY  FIRST, TWO THOUSAND
TWELVE. THE PROVISIONS OF THIS ARTICLE IN EFFECT ON  THE  DAY  PRECEDING
THE  EFFECTIVE  DATE OF THIS SECTION AND APPLICABLE TO ANY OF THE COURTS
ABOLISHED HEREBY OR TO THE JUDGES THEREOF, INCLUDING THE  PROVISIONS  OF
FORMER  SECTION TWENTY-SIX, SHALL CONTINUE IN EFFECT UNTIL THE ABOLITION
OF THE COURT AS PROVIDED FOR IN THIS SECTION.  UPON THE ABOLITION OF THE
COURT OF CLAIMS, ITS SEALS,  RECORDS,  PAPERS  AND  DOCUMENTS  SHALL  BE
DEPOSITED  IN  THE  OFFICE  OF  THE CLERK OF THE APPELLATE DEPARTMENT IN
WHICH THE COURT IS LOCATED.   UPON THE ABOLITION  OF  THE  OTHER  COURTS
SPECIFIED  IN  THIS  SECTION, THEIR SEALS, RECORDS, PAPERS AND DOCUMENTS
SHALL, UNLESS OTHERWISE PROVIDED BY LAW, BE DEPOSITED IN THE  OFFICE  OF
THE  CLERKS  OF THE SUPREME COURT OF THE SEVERAL COUNTIES IN WHICH THESE
COURTS NOW EXIST.
  B. THE JUDGES OF THE COURT OF CLAIMS, THE  COUNTY  COURT,  THE  FAMILY
COURT, THE SURROGATE'S COURT AND THE CITY-WIDE COURTS OF CIVIL AND CRIM-
INAL  JURISDICTION  FOR  THE  CITY OF NEW YORK AND THE DISTRICT COURT IN
OFFICE ON THE DATE OF ABOLITION OF THEIR RESPECTIVE  COURTS  SHALL,  FOR
THE  REMAINDER OF THE TERMS FOR WHICH THEY WERE ELECTED OR APPOINTED, BE
JUSTICES OF THE SUPREME COURT IN  AND  FOR  THE  COUNTY  IN  WHICH  THEY
RESIDED  ON  THAT  DATE.    SUCH JUDGES OF THE COURT OF CLAIMS AND THEIR
SUCCESSORS IN OFFICE SHALL BE KNOWN AS STATEWIDE JUSTICES OF THE SUPREME
COURT. THE NUMBER OF JUSTICES OF THE SUPREME COURT  SHALL  ALSO  INCLUDE
THE  JUDGES OF THE COURTS ABOLISHED BY THIS SECTION AUTHORIZED BY LAW ON
THE EFFECTIVE DATE HEREOF, PROVIDED HOWEVER, THAT SUCH NUMBER SHALL  NOT
INCLUDE  ANY  JUDGE TO BE ELECTED FROM A DISTRICT NOT ESTABLISHED BY LAW
PRIOR TO DECEMBER THIRTY-FIRST, NINETEEN HUNDRED NINETY-TWO.  THE  SALA-
RIES  OF  SUCH  JUSTICES  SHALL BE THE SAME AS THE SALARIES OF THE OTHER
JUSTICES OF THE SUPREME COURT AND SHALL BE PAID IN THE SAME MANNER.

A. 1842                            14

  C. ALL ACTIONS AND PROCEEDINGS PENDING IN A COURT  ABOLISHED  BY  THIS
SECTION  ON THE DATE OF ABOLITION OF SUCH  COURT SHALL BE TRANSFERRED TO
THE SUPREME COURT IN THE COUNTY IN WHICH THE ACTION  OR  PROCEEDING  WAS
PENDING, OR OTHERWISE, AS MAY BE PROVIDED BY LAW.
  D.   IN THE EVENT THAT A JUDGMENT OR ORDER WAS ENTERED BEFORE THE DATE
THIS SECTION BECAME PART OF THIS  ARTICLE  IN  THE  MANNER  PROVIDED  BY
SECTION  TWENTY-EIGHT  OF THIS ARTICLE AND A RIGHT OF APPEAL EXISTED AND
NOTICE OF APPEAL THEREFROM IS FILED AFTER THIS SECTION  BECAME  PART  OF
THIS  ARTICLE  IN  THE  MANNER  PROVIDED BY SECTION TWENTY-EIGHT OF THIS
ARTICLE, SUCH APPEAL SHALL BE TAKEN FROM THE SUPREME COURT, THE COURT OF
CLAIMS, THE COUNTY COURT, THE SURROGATE'S COURT, THE FAMILY  COURT,  THE
CITY-WIDE  COURTS OF CIVIL AND CRIMINAL JURISDICTION FOR THE CITY OF NEW
YORK AND THE DISTRICT COURT TO THE APPELLATE  DIVISION  OF  THE  SUPREME
COURT  IN  THE  JUDICIAL  DEPARTMENT  IN  WHICH  SUCH COURT WAS LOCATED;
PROVIDED HOWEVER, THAT ANY SUCH APPELLATE DIVISION OF THE SUPREME  COURT
MAY  TRANSFER  ANY  SUCH  APPEAL TO AN APPELLATE TERM, IF SUCH APPELLATE
TERM BE ESTABLISHED. FURTHER APPEAL FROM A DECISION OF AN APPELLATE TERM
OR THE APPELLATE DIVISION OF THE SUPREME COURT SHALL BE AS  PROVIDED  BY
LAW, CONSISTENT WITH THIS ARTICLE.
  E.    IN  THE  EVENT  THAT  AN APPEAL WAS DECIDED BEFORE THE DATE THIS
SECTION BECAME PART OF THIS ARTICLE AS PROVIDED BY SECTION  TWENTY-EIGHT
OF  THIS  ARTICLE  AND  A  FURTHER APPEAL COULD BE TAKEN AS OF RIGHT AND
NOTICE OF APPEAL THEREFROM IS FILED AFTER THE DATE THIS  SECTION  BECAME
PART  OF THIS ARTICLE AS PROVIDED BY SECTION TWENTY-EIGHT OF  THIS ARTI-
CLE, SUCH APPEAL MAY BE TAKEN FROM THE APPELLATE DIVISION OF THE SUPREME
COURT TO THE COURT OF APPEALS AND FROM ANY OTHER COURT TO THE  APPELLATE
DIVISION  OF  THE SUPREME COURT.   FURTHER APPEAL FROM A DECISION OF THE
APPELLATE DIVISION OF  THE  SUPREME  COURT  SHALL  BE  GOVERNED  BY  THE
PROVISIONS  OF  THIS ARTICLE.  IF A FURTHER APPEAL COULD NOT BE TAKEN AS
OF RIGHT, SUCH APPEAL SHALL BE GOVERNED BY THE PROVISIONS OF THIS  ARTI-
CLE.
  F.  AS MAY BE PROVIDED BY LAW, THE NONJUDICIAL PERSONNEL OF THE COURTS
ABOLISHED  BY  THIS SECTION IN OFFICE ON THE DATE OF ABOLITION SHALL, TO
THE EXTENT PRACTICABLE, BE CONTINUED WITHOUT DECREASE  IN  SALARIES  AND
WITH  THE  SAME STATUS AND RIGHTS IN THE COURTS ESTABLISHED OR CONTINUED
BY THIS ARTICLE; AND ESPECIALLY SKILLED, EXPERIENCED AND TRAINED PERSON-
NEL SHALL, TO THE EXTENT PRACTICABLE, BE ASSIGNED TO LIKE  FUNCTIONS  IN
THE  SUPREME  COURT.    IF THE ABOLITION OF SUCH COURTS SHALL REQUIRE OR
MAKE POSSIBLE A REDUCTION IN THE NUMBER OF NONJUDICIAL PERSONNEL, OR  IN
THE NUMBER OF CERTAIN CATEGORIES OF SUCH PERSONNEL, SUCH REDUCTION SHALL
BE  MADE, TO THE EXTENT PRACTICABLE, BY PROVISION THAT THE DEATH, RESIG-
NATION, REMOVAL OR RETIREMENT OF AN EMPLOYEE SHALL NOT CREATE A  VACANCY
UNTIL THE REDUCED NUMBER OF PERSONNEL HAS BEEN REACHED.
  S  28.  NOTWITHSTANDING THE PROVISIONS OF SECTION ONE OF ARTICLE NINE-
TEEN OF THIS CONSTITUTION, THE AMENDMENTS TO SUBDIVISION  A  OF  SECTION
FOUR,  SUBDIVISIONS  A  AND B OF SECTION SIX, AND THE REPEAL OF SECTIONS
TEN-A, ELEVEN-A, TWELVE-A, THIRTEEN-A, FOURTEEN-A,  TWENTY-ONE-A,  THIR-
TY-FOUR,  THIRTY-FIVE,  THIRTY-SIX, THIRTY-SIX-A, THIRTY-SIX-C AND THIR-
TY-SEVEN OF THIS ARTICLE, AS FIRST PROPOSED BY A  CONCURRENT  RESOLUTION
PASSED  BY  THE  LEGISLATURE  IN  THE  YEAR  TWO THOUSAND NINE, ENTITLED
"CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY  PROPOSING  AMENDMENTS
TO  ARTICLE  6  OF  THE  CONSTITUTION, IN RELATION TO THE COMPOSITION OF
JUDICIAL DEPARTMENTS AND THE ABOLISHMENT OF THE  COURT  OF  CLAIMS,  THE
COUNTY  COURT,  THE  FAMILY COURTS, THE SURROGATE'S COURT, THE CITY-WIDE
COURTS OF CIVIL AND CRIMINAL JURISDICTION FOR THE CITY OF NEW  YORK  AND
THE DISTRICT COURT, MERGING THE JURISDICTION OF SUCH COURTS WITH THAT OF

A. 1842                            15

THE SUPREME COURT, PROVIDING FOR THE MANNER OF SELECTING JUSTICES OF THE
SUPREME  COURT  AND DESIGNATING THE JUSTICES OF THE APPELLATE DIVISIONS,
AND THE REPEAL OF SUBDIVISION A OF SECTION 4  AND  SECTIONS  9-A,  10-A,
11-A,  12-A, 13-A, 14-A, 15-A, 16-A, 21-A, 34, 35, 36, 36-A, 36-C AND 37
OF ARTICLE 6 THEREOF RELATING THERETO" SHALL TAKE EFFECT ON APRIL FIRST,
TWO THOUSAND THIRTEEN; THE REPEAL OF SECTION NINE-A OF THIS ARTICLE,  AS
PROPOSED  IN  SUCH  CONCURRENT  RESOLUTION, SHALL TAKE EFFECT ON JANUARY
FIRST, TWO THOUSAND FOURTEEN; AND THE REPEAL OF SECTIONS  FIFTEEN-A  AND
SIXTEEN-A  OF  THIS  ARTICLE, AS PROPOSED IN SUCH CONCURRENT RESOLUTION,
SHALL TAKE EFFECT ON JANUARY FIRST, TWO THOUSAND FIFTEEN.
  S 19. Resolved (if the Senate concur), That the  foregoing  amendments
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.