senate Bill S5827

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly


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

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Actions

view actions (11)
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 - Details

See Assembly Version of this Bill:
A8469
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

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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