S T A T E   O F   N E W   Y O R K
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                                  8469

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced  by  M. of A. WEINSTEIN, LANCMAN -- read once and referred to
  the Committee on Judiciary

            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  Senate 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 Senate 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

A. 8469                             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 Senate 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.