Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 01, 2010 |
opinion referred to judiciary |
May 04, 2010 |
to attorney-general for opinion |
Apr 28, 2010 |
referred to judiciary |
Senate Bill S7648
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
co-Sponsors
(R, C) Senate District
(R) Senate District
(R, C, IP, RFM) Senate District
2009-S7648 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Rpld Art 6 §2 subs c, d, e & f, amd Art 6 §2, Constn
2009-S7648 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7648 TITLE OF BILL : CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 6 of the constitution in relation to vacancies of the court of appeals; and to repeal subdivisions c, d, e and f of section 2 of article 6 of the constitution relating thereto PURPOSE : This resolution would repeal provisions of New York's Constitution which were enacted in 1977 and which provided for the appointment of Justices of the Court of Appeals by the Governor, subject to the consent of the Senate. The resolution would return the Court of Appeals to a statewide elected body, as it had been from 1846 until 1977. SUMMARY OF PROVISIONS : Section 1 of the resolution would repeal those provisions of the Constitution which created the commission on judicial nomination and requiring the Governor to appoint members of the Court of Appeals from those recommended by the commission. Section 2 provides for the election of the Chief Judge and the Associate Judges of the Court of Appeals in statewide elections upon the expiration of the terms of the current members of the Court of
2009-S7648 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7648 I N S E N A T E April 28, 2010 ___________ Introduced by Sen. VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 6 of the constitution in relation to vacancies of the court of appeals; and to repeal subdivi- sions c, d, e and f of section 2 of article 6 of the constitution relating thereto Section 1. Resolved (if the Assembly concur), That subdivisions c, d, e and f of section 2 of article 6 of the constitution are REPEALED. S 2. Resolved (if the Assembly concur), That section 2 of article 6 of the constitution be amended to read as follows: S 2. a. The court of appeals is continued. It shall consist of the chief judge and the six elected associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, WHO SHALL BE CHOSEN BY THE ELECTORS OF THE STATE and such justices of the supreme court as may be designated for service in said court as hereinafter provided. The official terms of the chief judge and the six ELECTED associate judges shall be fourteen years FROM AND INCLUDING THE FIRST DAY OF JANUARY NEXT AFTER THEIR ELECTION. Five members of the court shall constitute a quorum, and the concur- rence of four shall be necessary to a decision; but no more than seven judges shall sit in any case. In case of the temporary absence or inability to act of any judge of the court of appeals, the court may designate any justice of the supreme court to serve as associate judge of the court during such absence or inability to act. The court shall have power to appoint and to remove its clerk. The powers and jurisdic- tion of the court shall not be suspended for want of appointment when the number of judges is sufficient to constitute a quorum. b. Whenever and as often as the court of appeals shall certify to the governor that the court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the governor shall designate such number of justices of the supreme court as may be so certified to be necessary, but not more than four, to serve as associate judges of the court of appeals. The justices so designated shall be relieved, while so serving, from their duties as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.