senate Bill S1226

2011-2012 Legislative Session

Proposes a constitutional amendment in relation to eliminating mandatory retirement for judges

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Jan 14, 2011 to attorney-general for opinion
Jan 06, 2011 referred to judiciary

S1226 - Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art VI ยง25, Constn
Versions Introduced in 2009-2010 Legislative Session:
S6254

S1226 - Summary

Eliminates the mandatory retirement for judges.

S1226 - Sponsor Memo

S1226 - Bill Text download pdf

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

                                  1226

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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 25 of article 6 of  the  constitution,
  in relation to eliminating mandatory retirement for judges

  Section 1. RESOLVED (if the Assembly concur), That section 25 of arti-
cle 6 of the constitution be amended to read as follows:
  S  25.  [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 fami-
ly court, a judge of a court for the city of New York established pursu-
ant 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, 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

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

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