senate Bill S886A

2013-2014 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 Via A4395 - 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 (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 26, 2013 delivered to secretary of state
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1012
substituted for s886a
Jun 21, 2013 substituted by a4395
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1012
Feb 15, 2013 opinion referred to judiciary
Jan 22, 2013 to attorney-general for opinion
print number 886a
Jan 22, 2013 amend and recommit to judiciary
Jan 11, 2013 to attorney-general for opinion
Jan 09, 2013 referred to judiciary

S886 - Details

See Assembly Version of this Bill:
A4395
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §§2 & 25, Constn
Versions Introduced in 2011-2012 Legislative Session:
S5827, A8469

S886 - 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.

S886 - Sponsor Memo

S886 - Bill Text download pdf

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

                                   886

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S886A (ACTIVE) - Details

See Assembly Version of this Bill:
A4395
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §§2 & 25, Constn
Versions Introduced in 2011-2012 Legislative Session:
S5827, A8469

S886A (ACTIVE) - 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.

S886A (ACTIVE) - Sponsor Memo

S886A (ACTIVE) - Bill Text download pdf

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

                                 886--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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