senate Bill S2549

2013-2014 Legislative Session

Proposes a constitutional amendment in relation to eliminating mandatory retirement for judges

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 19, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Feb 15, 2013 opinion referred to judiciary
Jan 23, 2013 to attorney-general for opinion
Jan 18, 2013 referred to judiciary

S2549 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art VI ยง25, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1226
2009-2010: S6254

S2549 - Bill Texts

view summary

Eliminates the mandatory retirement for judges.

view sponsor memo
BILL NUMBER:S2549

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 25 of article 6 of the constitution,
in relation to eliminating mandatory retirement for judges

PURPOSE: To eliminate the New York State constitutional requirement
mandating that New York State judges retire at the age of 70

SUMMARY OF PROVISIONS: This resolution would eliminate the mandate
requiring New York State judges to retire at the age of 70 by removing
sections 25(b) and (c) from Article VI from the New York State
Constitution.

EXISTING LAW: Article VI Sections 25 (b) and (c) mandate that New
York State judges retire at age 70 and outlines limited exceptions to
this requirement.

JUSTIFICATION: Age discrimination has no place in the workforce. Yet
the New York State Constitution mandates that all New York State
judges retire when they reach the age of 70. This sends a terrible
message that those over the age of 70 do not have the mental capacity
to function effectively in the workplace or handle complex tasks.

In the past 50 years 19 Court of Appeals judges, and countless lower
court judges, have been forced to retire due to this arbitrary age
limit. Federal judges, on the other hand, including those in United
States Supreme Court, have worked well into their 80's with no
problems. There is no valid justification as to why New York State
judges should be forced to retire,

LEGISLATIVE HISTORY: 2009: S.6254 (Duane) Attorney General's Opinion
Referred to Judiciary 2010: S.6254 (Duane) Attorney General's Opinion
Referred to Judiciary

FISCAL IMPLICATIONS: Minimal.

LOCAL FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: Resolved, the Assembly concur that this amendment be
referred to the first legislative session convening after the next
succeeding general election of members of the Assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for three months previous to the time of such election.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2549

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 eliminating mandatory retirement for judges

  Section 1. RESOLVED (if the Assembly concur), That section 25 of arti-
cle 6 of the constitution be amended to read as follows:
  S  25.  [a.]  The  compensation  of a judge of the court of appeals, a
justice of the supreme court, a judge of the court of claims, a judge of
the county court, a judge of the surrogate's court, a judge of the fami-
ly court, a judge of a court for the city of New York established pursu-
ant to section fifteen of this article, a judge of the district court or
of a retired judge or justice shall be established by law and shall  not
be  diminished during the term of office for which he or she was elected
or appointed. Any judge or justice of a court abolished by section thir-
ty-five of this article, who pursuant to that section becomes a judge or
justice of a court established  or  continued  by  this  article,  shall
receive without interruption or diminution for the remainder of the term
for  which he or she was elected or appointed to the abolished court the
compensation he or she had been receiving upon  the  effective  date  of
this  article  together  with  any  additional  compensation that may be
prescribed by law.
  [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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89048-01-3

S. 2549                             2

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 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. 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 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 divi-
sion. 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.
  c. The provisions of this section shall  also  be  applicable  to  any
judge  or justice who has not reached the age of seventy-six and to whom
it would otherwise have been applicable but for the fact that he or  she
reached the age of seventy and retired before the effective date of this
article.]
  S  2.  RESOLVED (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for three months previous to the time of such election.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.