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Assembly Bill A309

2011-2012 Legislative Session

Enacts the "court of appeals nomination reform act"

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Archive: Last Bill Status - In Assembly Committee

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2011-A309 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง63, Judy L
Versions Introduced in 2009-2010 Legislative Session:
A3866

2011-A309 (ACTIVE) - Summary

Enacts the "court of appeals information reform act"; directs the commission on judicial nominations to forward to the governor all well qualified candidates for associate judge and/or chief judge

2011-A309 (ACTIVE) - Bill Text download pdf 

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

                                   309

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the judiciary law, in relation to enacting the "court of
  appeals nomination reform act"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "court of appeals nomination reform act".
  S 2. Subdivision 2 of section 63 of the judiciary law, as  amended  by
chapter 35 of the laws of 1983, is amended to read as follows:
  2.  [(a)  In  recognition  of the unique responsibilities of the chief
judge of the court of appeals for policies of  judicial  administration,
for  a  vacancy in the office of chief judge the commission shall recom-
mend to the governor seven persons.
  (b) For a vacancy in the office of  associate  judge,  the  commission
shall recommend to the governor at least three persons and not more than
seven  persons.  Should  more than one vacancy exist at the same time in
the office of associate judge, the number of persons recommended by  the
commission  to  the governor shall be at least three plus one additional
person for each vacancy in such office, and not more than seven plus one
additional person for each vacancy in such office.
  (c) Should vacancies exist in the offices of chief judge and associate
judge at the same time, the commission shall recommend for the office of
associate judge the number of persons as provided in  paragraph  (b)  of
this  subdivision,  provided,  however,  that  in  addition  thereto the
commission may also recommend for associate judge any of the persons who
have been recommended to the governor for the office  of  chief  judge.]
FOR  A  VACANCY  IN  THE  OFFICE  OF CHIEF JUDGE OR ASSOCIATE JUDGE, THE
COMMISSION SHALL RECOMMEND TO THE GOVERNOR ALL  WELL  QUALIFIED  PERSONS
WHO EXEMPLIFY THE CRITERIA SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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