senate Bill S4587B

2011-2012 Legislative Session

Increases the mandatory retirement age for all judges and justices of the unified court system, except for justices of town and village courts, from 70 to 74

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Archive: Last Bill Status -


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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.393
Feb 28, 2012 to attorney-general for opinion
Feb 17, 2012 print number 4587b
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
returned to senate
died in assembly
Jun 22, 2011 referred to judiciary
delivered to assembly
passed senate
May 26, 2011 to attorney-general for opinion
May 16, 2011 amended on third reading 4587a
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.445
Apr 27, 2011 opinion referred to judiciary
to attorney-general for opinion
Apr 13, 2011 referred to judiciary

Votes

view votes

Mar 20, 2012 - Judiciary committee Vote

S4587B
20
1
committee
20
Aye
1
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

May 3, 2011 - Judiciary committee Vote

S4587
20
1
committee
20
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S4587 - Details

Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §25, add §36-d, Constn

S4587 - Summary

Increases the mandatory retirement age for all judges and justices of the unified court system, except for justices of town and village courts, from 70 to 74; permits justices of the supreme court and judges of the court of appeals to continue in service past the mandatory retirement age for three two year terms.

S4587 - Sponsor Memo

S4587 - Bill Text download pdf

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

                                  4587

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- 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 retirement of judges and justices

  Section 1. Resolved (if the Assembly concur), That  subdivision  b  of
section  25  of  article  6  of  the  constitution be amended to read as
follows:
  b. Each judge of the court of appeals[,] SHALL RETIRE ON THE LAST  DAY
OF  DECEMBER  IN  THE YEAR IN WHICH HE OR SHE REACHES THE AGE OF SEVENTY
AND EACH 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  AND  JUDGE  OF  A  CITY  COURT OUTSIDE THE CITY OF NEW YORK shall
retire on the last day of December in  the  year  in  which  he  or  she
reaches  the  age  of [seventy] SEVENTY-FOUR.  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 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 addi-
tional  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] EIGHTY.  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

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

S4587A - Details

Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §25, add §36-d, Constn

S4587A - Summary

Increases the mandatory retirement age for all judges and justices of the unified court system, except for justices of town and village courts, from 70 to 74; permits justices of the supreme court and judges of the court of appeals to continue in service past the mandatory retirement age for three two year terms.

S4587A - Sponsor Memo

S4587A - Bill Text download pdf

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

                                 4587--A
    Cal. No. 445

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to  the  Committee  on Judiciary -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an  amendment to section 25 of article 6 of the constitution,
  in relation to retirement of judges and justices

  Section 1. Resolved (if the Assembly concur), That  subdivision  b  of
section  25  of  article  6  of  the  constitution be amended to read as
follows:
  b. Each judge of the court of appeals[,] SHALL RETIRE ON THE LAST  DAY
OF  DECEMBER  IN  THE YEAR IN WHICH HE OR SHE REACHES THE AGE OF SEVENTY
AND EACH 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  AND  JUDGE  OF  A  CITY  COURT OUTSIDE THE CITY OF NEW YORK shall
retire on the last day of December in  the  year  in  which  he  or  she
reaches  the  age  of [seventy] SEVENTY-FOUR.  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 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 addi-
tional  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] EIGHTY.  A retired judge or justice

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

S4587B (ACTIVE) - Details

Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §25, add §36-d, Constn

S4587B (ACTIVE) - Summary

Increases the mandatory retirement age for all judges and justices of the unified court system, except for justices of town and village courts, from 70 to 74; permits justices of the supreme court and judges of the court of appeals to continue in service past the mandatory retirement age for three two year terms.

S4587B (ACTIVE) - Sponsor Memo

S4587B (ACTIVE) - Bill Text download pdf

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

                                 4587--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to  the  Committee  on Judiciary -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- recommitted to the Committee on Judiciary in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an  amendment to section 25 of article 6 of the constitution,
  in relation to retirement of judges and justices

  Section 1. Resolved (if the Assembly concur), That  subdivision  b  of
section  25  of  article  6  of  the  constitution be amended to read as
follows:
  b. Each judge of the court of appeals[,] SHALL RETIRE ON THE LAST  DAY
OF  DECEMBER  IN  THE YEAR IN WHICH HE OR SHE REACHES THE AGE OF SEVENTY
AND EACH 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  AND  JUDGE  OF  A  CITY  COURT OUTSIDE THE CITY OF NEW YORK shall
retire on the last day of December in  the  year  in  which  he  or  she
reaches  the  age  of [seventy] SEVENTY-FOUR.  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 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 addi-

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

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