senate Bill S5827

2011-2012 Legislative Session

Authorizes retired supreme court justices to serve as justice of supreme court until age 80

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Archive: Last Bill Status - Passed Assembly


  • 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
Sep 13, 2011 delivered to secretary of state
Jun 23, 2011 returned to senate
passed assembly
ordered to third reading rules cal.603
substituted for a8469
Jun 22, 2011 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1509
to attorney-general for opinion
Jun 19, 2011 referred to rules

Votes

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S5827 - Bill Details

See Assembly Version of this Bill:
A8469
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §§2 & 25, Constn

S5827 - Bill Texts

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Authorizes retired supreme court justices to serve as justice of supreme court until age 80; provides that judges of the court of appeals need not retire until the end of the year in which they turn age 80; prohibits the appointment of any person over age 70 to the court of appeals.

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BILL NUMBER:S5827

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 persons
appointed to the court of appeals, and proposing an amendment to
section 25 of article 6 of the constitution,
in relation to service by retired justices and requiring judges
of the court of appeals to retire at age 80

PURPOSE OF BILL:
To raise from 76 to 80 the maximum age that retired
judges may be certified to continue to serve, and to raise the
retirement age for judges of the court of appeals.

SUMMARY OF PROVISIONS OF BILL:
Amends Article 6, §2 and 25(b) of the
State Constitution to increase the maximum age for which a judge,
justice or retired justice can serve.

JUSTIFICATION:
The State Constitution requires judges to retire at the end of the
calendar year in which they turn 70. It also authorizes judges to be
certified to continue to serve up to three times in two year
increments, until age 76. The Certification must find that that his
or her services are necessary to expedite the business of the Court,
and that he or she is physically and mentally competent to fully
perform the duties of the office.

This constitutional amendment would raise the age through which
retired judges can continue to serve from 76 to 80, allowing the
State to retain experienced and able judges who are willing to work.

In addition, this measure would change the retirement age for judges
of the Court of Appeals from 70 to 80, provided that no judge could
be appointed to the Court of Appeals after they have reached the last
day of December of the year in which they turn 70, consistent with
the existing constitutional provision.

In 1999, The Office of Court Administration's Task Force on Mandatory
Retirement of Judges concluded that "it is in the best interests of
the judiciary and the people of the State of New York to amend the
laws governing mandatory retirement of judges." The two
recommendations made in that, report - creation of a "senior status"
and expansion of the certification process to judges not covered by
it - were not acted upon.

This measure takes a different approach - amending the Constitution to
increase the age until which judges can be certified from 76 to 80.
Raising the age that retired judges can serve from 76 to 80 will
enable the state judiciary to continue to benefit from the service of
many dedicated, experienced and productive judges currently being lost.

In addition, this bill provides that Court of Appeals judges would be
able to serve out the end of their fourteen years terms without


being required to retire at age 70, although appointment past the age
of 70 would not be possible.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None anticipated.

EFFECTIVE DATE:
This is a constitutional amendment requiring passage by two successive
legislatures and approval by the voters.

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

                                  5827

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 19, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 6 of the constitution, in
  relation to persons appointed to the court of appeals,  and  proposing
  an  amendment  to  section  25  of  article  6 of the constitution, in
  relation to service by retired justices and requiring  judges  of  the
  court of appeals to retire at age 80

  Section  1.  RESOLVED  (if the Assembly concur), That subdivision e of
section 2 of article 6  of  the  constitution  be  amended  to  read  as
follows:
  e.  The  governor  shall  appoint,  with the advice and consent of the
senate, from among those recommended by the judicial nominating  commis-
sion,  a person to fill the office of chief judge or associate judge, as
the case may be, whenever a vacancy occurs  in  the  court  of  appeals;
provided,  however, that no person may be appointed a judge of the court
of appeals unless such person is a resident of the state [and], has been
admitted to the practice of law in this state for at least ten years AND
WHO HAS NOT REACHED THE LAST DAY OF DECEMBER IN THE YEAR IN WHICH HE  OR
SHE  REACHES  THE  AGE  OF SEVENTY.   The governor shall transmit to the
senate the written report  of  the  commission  on  judicial  nomination
relating to the nominee.
  S  2. 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,] 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 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 EIGHTY. Each [such] former

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89023-02-1

S. 5827                             2

[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  busi-
ness 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 certif-
ication 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]  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 desig-
nated 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  division.  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.
  S 3. RESOLVED (if the Assembly concur), That the foregoing be referred
to  the  first  regular  legislative  session  convening  after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.

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