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

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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 - Bill 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 - Bill Texts

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Eliminates the mandatory retirement for judges.

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BILL NUMBER:S1226

TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 25 of article VI of the constitution,
in relation to eliminating mandatory retirement for judges

PURPOSE:

To eliminate the New York State constitutional requirement mandating
that New York State judges retire at the age of 70

SUMMARY OF PROVISIONS:

This resolution would eliminate the mandate requiring New York State
judges to retire at the age of 70 by removing sections 25(b) and (c)
from Article VI from the New York State Constitution.

EXISTING LAW:

Article VI Sections 25 (b) and (c) mandate that New York State judges
retire at age 70 and outlines limited exceptions to this requirement.

JUSTIFICATION:

Age discrimination has no place in the workforce. Yet the New York
State Constitution mandates that all New York State judges retire
when they reach the age of 70. This sends a terrible message that
those over the age of 70 do not have the mental capacity to function
effectively in the workplace or handle complex tasks.

In the past 50 years 19 Court of Appeals judges, and countless lower
court judges, have been forced to retire due to this arbitrary age
limit. Federal judges, on the other hand, including those in United
States Supreme Court, have worked well into their 80's with no
problems. There is no valid justification as to why New York State
judges should be forced to retire.

LEGISLATIVE HISTORY:

2009: S.6254 (Duane) Attorney General's Opinion Referred to Judiciary
2010: S.6254 (Duane)Attorney General's Opinion Referred to Judiciary

FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Resolved, the Assembly concur that this amendment be referred to the
first 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 three months
previous to the time of such election.

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                    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.
                                                           LBD89017-01-1

S. 1226                             2

that the services of such judge or justice are necessary to expedite the
business of the court and that he or she is mentally and physically 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 December 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 designated 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 divi-
sion. A retired judge or justice shall not be counted in determining the
number  of justices in a judicial district for purposes of subdivision d
of section six of this article.
  c. The provisions of this section shall  also  be  applicable  to  any
judge  or justice who has not reached the age of seventy-six and to whom
it would otherwise have been applicable but for the fact that he or  she
reached the age of seventy and retired before the effective date of this
article.]
  S  2.  RESOLVED (if the Assembly concur), That the foregoing amendment
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 three months previous to the time of such election.

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