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

                                  6921

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2009
                               ___________

Introduced by M. of A. WEINSTEIN -- Multi-Sponsored by -- M. of A. BING,
  JOHN, TITONE, ZEBROWSKI -- (at request of the Office of Court Adminis-
  tration) -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend the judiciary law, in relation to the emergency relo-
  cation of terms of courts; and to repeal  certain  provisions  of  the
  judiciary law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 8, 9, 10, 11 and  12  of  the  judiciary  law  are
REPEALED and a new section 8 is added to read as follows:
  S  8.  EMERGENCY  RELOCATIONS  OF  COURT TERMS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, IF AN EMERGENCY OR OTHER EXIGENT CIRCUMSTANCE OR
THE IMMINENT THREAT THEREOF PREVENTS THE SAFE AND PRACTICABLE HOLDING OF
A TERM OF ANY COURT AT THE LOCATION DESIGNATED BY LAW THEREFOR, THEN:
  A. THE GOVERNOR, AFTER CONSULTATION WITH THE CHIEF JUDGE OR HIS OR HER
DESIGNEE IF PRACTICABLE, MAY BY EXECUTIVE ORDER APPOINT ANOTHER LOCATION
FOR THE TEMPORARY HOLDING OF SUCH TERM IF IT IS A TERM OF A TRIAL COURT;
OR
  B. WHERE THE GOVERNOR HAS NOT ACTED PURSUANT TO PARAGRAPH  A  OF  THIS
SUBDIVISION, OR IF IT IS A TERM OF A COURT OTHER THAN A TRIAL COURT, THE
CHIEF  JUDGE  OR  HIS  OR  HER  DESIGNEE (OR THE PRESIDING JUSTICE OF AN
APPELLATE DIVISION OR HIS OR HER DESIGNEE IF IT IS A TERM OF SUCH APPEL-
LATE DIVISION OR OF  AN  APPELLATE  TERM  ESTABLISHED  IN  THE  JUDICIAL
DEPARTMENT  SERVED  BY  SUCH  APPELLATE  DIVISION)  MAY BY ORDER APPOINT
ANOTHER LOCATION FOR THE TEMPORARY HOLDING OF SUCH  TERM;  EXCEPT  THAT,
WHERE  THE  COURT  IS  A  TRIAL  COURT,  NOTHING IN THIS PARAGRAPH SHALL
PREVENT THE ISSUANCE OF A SUPERSEDING ORDER PURSUANT TO PARAGRAPH  A  OF
THIS SUBDIVISION.
  2.  TO THE EXTENT PRACTICABLE, AN ORDER PURSUANT TO SUBDIVISION ONE OF
THIS SECTION:
  A. SHALL DESIGNATE THE MOST PROXIMATE LOCATION IN WHICH SUCH  TERM  OF
COURT  SAFELY  AND  PRACTICABLY CAN BE HELD, WITHOUT LIMITATION BASED ON
THE JUDICIAL DEPARTMENT, JUDICIAL DISTRICT, COUNTY, CITY, TOWN,  VILLAGE
OR OTHER GEOGRAPHICAL DISTRICT FOR WHICH SUCH COURT WAS ESTABLISHED;

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09169-01-9

A. 6921                             2

  B.  SHALL  BE  MADE  IN  CONFORMANCE  WITH  STATE  AND  LOCAL DISASTER
PREPAREDNESS PLANS GOVERNING THE CONTINUED EFFECTIVE  OPERATION  OF  THE
CIVIL  AND  CRIMINAL JUSTICE SYSTEMS PURSUANT TO SECTIONS TWENTY-TWO AND
TWENTY-THREE OF THE EXECUTIVE LAW; AND
  C.  FOR  A  TRIAL  COURT OTHER THAN THE COURT OF CLAIMS, SHALL BE MADE
AFTER CONSULTATION WITH THE CHIEF EXECUTIVE OFFICER OF THE COUNTY, CITY,
TOWN OR VILLAGE FOR WHICH SUCH COURT WAS ESTABLISHED AND THE CHIEF EXEC-
UTIVE OFFICER OF THE CORRESPONDING COUNTY,  CITY,  TOWN  OR  VILLAGE  TO
WHICH  THE  TERM  OF SUCH COURT TEMPORARILY WOULD BE RELOCATED, OR THEIR
DESIGNEES.
  3. AN ORDER PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE
EFFECTIVE  FOR  NO  MORE  THAN  THIRTY  DAYS AND MAY BE REAUTHORIZED FOR
SUCCESSIVE PERIODS OF NO MORE THAN THIRTY DAYS EACH IN LIKE  FASHION  AS
AN  ORIGINAL  ORDER.  AS  SOON AS PRACTICABLE, SUCH ORDER SHALL BE FILED
WITH THE OFFICE OF COURT ADMINISTRATION AND THE OFFICE OF THE  CLERK  OF
EACH  COUNTY AFFECTED THEREBY, AND SHALL BE PUBLICIZED BY THE BEST MEANS
PRACTICABLE AND FOR SUCH DURATION AS SUCH ORDER SHALL PROVIDE.
  4. EVERY TERM OF COURT SUBJECT TO AN ORDER PURSUANT TO SUBDIVISION ONE
OF THIS SECTION SHALL, FOR THE  DURATION  OF  SUCH  ORDER,  CONTINUE  TO
PRESIDE FOR THE ORIGINAL JUDICIAL DEPARTMENT, JUDICIAL DISTRICT, COUNTY,
CITY,  TOWN, VILLAGE OR OTHER GEOGRAPHICAL DISTRICT FOR WHICH SUCH COURT
WAS ESTABLISHED, AND EVERY ACTION AND PROCEEDING IN SUCH TERM  SHALL  BE
SUBJECT TO THE SAME SUBSTANTIVE AND PROCEDURAL LAW AS WOULD HAVE APPLIED
HAD SUCH TERM NOT BEEN TEMPORARILY RELOCATED.
  5.  NOTWITHSTANDING ANY OTHER PROVISION OF SECTION THIRTY-NINE OF THIS
ARTICLE, IF AN ORDER PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  SHALL
TEMPORARILY  RELOCATE  A TERM OF COURT OUTSIDE THE COUNTY, CITY, TOWN OR
VILLAGE FOR WHICH SUCH COURT WAS ESTABLISHED, THEN THE COSTS  OF  TEMPO-
RARILY  PROVIDING FACILITIES SUITABLE AND SUFFICIENT FOR THE TRANSACTION
OF BUSINESS OF SUCH COURT OUTSIDE SUCH COUNTY,  CITY,  TOWN  OR  VILLAGE
SHALL BE CHARGES UPON THE OFFICE OF COURT ADMINISTRATION.
  S  2.  Section  211  of  the  judiciary law is amended by adding a new
subdivision 5 to read as follows:
  5. CONSISTENT WITH THE PROVISIONS OF SECTION EIGHT  OF  THIS  CHAPTER,
THE  CHIEF  JUDGE  MAY RELOCATE A TERM OF COURT IF AN EMERGENCY OR OTHER
EXIGENT CIRCUMSTANCE OR THE IMMINENT THREAT THEREOF  PREVENTS  THE  SAFE
AND  PRACTICABLE  HOLDING OF SUCH TERM AT THE LOCATION DESIGNATED BY LAW
THEREFOR.
  S 3. The disaster preparedness commission is directed to review and if
necessary amend and continuously maintain the state  disaster  prepared-
ness  plan  established  pursuant to section twenty-two of the executive
law, and each county, city, town and village that has prepared  a  local
disaster preparedness plan pursuant to section twenty-three of the exec-
utive  law is directed to review and if necessary amend and continuously
maintain such local plan to  ensure  state  and  local  preparedness  to
effectuate  relocation orders authorized by section eight of the judici-
ary law as added by section one of this act.
  S 4. This act shall take effect immediately.
  REPEAL NOTE.--Sections 8, 9, 10, 11 and 12 of the  judiciary  law,  as
repealed  by  section one of this act, provide limited authorization for
the governor, presiding judges, the mayor of the city of  New  York  and
county  judges to relocate certain courts under the circumstances stated
therein.