|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Sep 13, 2011||delivered to secretary of state|
|Jun 23, 2011||returned to senate|
ordered to third reading rules cal.603
substituted for a8469
|Jun 22, 2011||referred to judiciary|
delivered to assembly
ordered to third reading cal.1509
to attorney-general for opinion
|Jun 19, 2011||referred to rules|
senate Bill S5827
Archive: Last Bill Status - Passed Assembly
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5827 - Details
- See Assembly Version of this Bill:
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Amd Art 6 §§2 & 25, Constn
S5827 - Summary
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.
S5827 - Sponsor Memo
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
S5827 - Bill Text download pdf
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.
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