senate Bill S964

2013-2014 Legislative Session

Makes the city court judges in the city of Norwich full-time positions

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S964 - Bill Details

See Assembly Version of this Bill:
A4288
Current Committee:
Senate Judiciary
Law Section:
Uniform City Court Act
Laws Affected:
Amd §2104, UCCA; amd §8, Chap 493 of 2006
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3135A, A4401
2009-2010: S439, A4477

S964 - Bill Texts

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Makes the city court judgeships in the city of Norwich full-time positions.

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BILL NUMBER:S964

TITLE OF BILL:
An act
to amend the uniform city court act and chapter 493 of the laws of 2006,
amending the uniform city court act and the judiciary law relating to
judges of city courts, in relation to making the city court judges in
the city of Norwich full-time positions

PURPOSE OR GENERAL IDEA OF BILL:
This bill makes the city court judges in the city of Norwich full-time
positions.

SUMMARY OF PROVISIONS:
Section 1. Paragraph 36 of subdivision (d) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws of
2006, is amended to read as follows:

36 Norwich - two full-time:

§2. Section 8 of chapter 493 of the laws of 2006, amending the uniform
city court act and the judiciary law relating to judges of city
courts, is amended to read as follows:

§8. Transition. Notwithstanding any other provision of law, for
purposes of this act:

(a) On the effective date of this section:

(i) in each of the following cities, every acting judgeship shall he
abolished and replaced by a part, time judge-ship: Auburn, Beacon,
Canandaigua, Dunkirk, Geneva, Gloversville, Glens Falls, Jamestown,
Johnstown, Lackawanna, Little Falls, Lockport, Mechanicville, Olean,
Oneida, Oswego, Plattsburg, Port Jervis, Rensselaer, Rye, Salamanca,
and Watervliet. Each person serving in a judgeship hereunder for the
remainder of the term of office to which he or she was selected as
acting city court judge: and (ii) each of the following part time
judgeships shall be abolished and replaced by a full-time judgeship:
the part-time city Court judge of Amsterdam, the office of which was
filled by election for a term commencing January 1, 2003, the elected
city court judge of Batavia, the elected city court judge of Beacon:
the elected city court judge of Corning, the elected city court judge
of Dunkirk, the part-time city Court judge of Elmira, the elected
city Court judge of Fulton, The part-time city court judge of Long
Beach, the part-time city court judge of Norwich who serves in the
office that formally was that of acting city court judge of Norwich,
the elected city court judge of Ogdensburg, the elected city court
judge of Olean, the
part-time city court judge of Poughkeepsie, the part-time city Court
judge of Rye, the part-time city court judge Syracuse, and the
part-:time city court jUdge of White Plains the office of which was
filled by appointment in May 2003. Each person serving in a judgeship
abolished by this subdivision shall continue in service in the
full-time judgeship abolished by this subdivision shall
continue in service in the full-time judgeship that replaces such


abolished judgeship for the remainder of the term of office to which
he or she was selected in the abolished judgeship.

(b) The new office of the full-time city court judge in the cities of
Niagara Falls and Norwich created pursuant to this act shall first be
filled by election at the next general election at which it can be
filled for a full term to commence January first next thereafter.

JUSTIFICATION:
Presently, the City Court of Norwich is overburdened. Over the last
three years, the overall case load of the court has increased by 16%,
which has affected not only the abilities of the Court to operate
efficiently in providing justice but also the community.

The Norwich City Court judge was supposed to play an essential role in
the community-driven Hub Drug Court of Chenango County. The Hub Drug
Court has failed to benefit the community because an essential piece
is missing: Norwich City Court Judge. Making the City Court position
full time would not only remedy the community's missing link but also
offer assistance to other courts such as the Chenango County Family
Court which now has the highest case load in the state within the
small county category. Currently, none of this is possible with a
part-time judge.

PRIOR LEGISLATIVE HISTORY:
S.3135 - Enacting Clause Stricken

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This Act shall take effect immediately and shall be deemed to have
been in full force and in effect on and after April 1, 2007.

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

                                   964

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the uniform city court act and chapter 493 of  the  laws
  of  2006,  amending  the  uniform city court act and the judiciary law
  relating to judges of city courts, in  relation  to  making  the  city
  court judges in the city of Norwich full-time positions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 36 of subdivision (d)  of  section  2104  of  the
uniform  city  court act, as amended by chapter 493 of the laws of 2006,
is amended to read as follows:
   36   Norwich, two FULL-TIME;
  S 2. Section 8 of chapter 493  of  the  laws  of  2006,  amending  the
uniform  city court act and the judiciary law relating to judges of city
courts, is amended to read as follows:
  S 8. Transition. Notwithstanding  any  other  provision  of  law,  for
purposes of this act:
  (a) On the effective date of this section:
  (i)  in  each of the following cities, every acting judgeship shall be
abolished and replaced by a part-time judgeship: Auburn, Beacon,  Canan-
daigua,  Dunkirk,  Geneva,  Gloversville, Glens Falls, Jamestown, Johns-
town, Lackawanna,  Little  Falls,  Lockport,  Mechanicville,  [Norwich,]
Olean,  Oneida, Oswego, Peekskill, Plattsburgh, Port Jervis, Rensselaer,
Rye, Salamanca and Watervliet. Each person serving in a judgeship  abol-
ished  by  this  subdivision  shall continue in service in the part-time
judgeship that replaces  such  abolished  judgeship  hereunder  for  the
remainder  of  the  term  of  office  to which he or she was selected as
acting city court judge; and
  (ii) each of the following part-time judgeships shall be abolished and
replaced by a full-time judgeship: the part-time  city  court  judge  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05285-01-3

S. 964                              2

Amsterdam,  the  office  of  which  was  filled  by  election for a term
commencing January 1, 2003, the elected city court judge of Batavia, the
elected city court judge of Beacon, the  elected  city  court  judge  of
Canandaigua,  the  elected city court judge of Corning, the elected city
court judge of Dunkirk, the part-time city court judge  of  Elmira,  the
elected  city  court  judge of Fulton, the part-time city court judge of
Long Beach, THE PART-TIME CITY COURT JUDGE OF NORWICH WHO SERVES IN  THE
OFFICE THAT FORMERLY WAS THAT OF ACTING CITY COURT JUDGE OF NORWICH, the
elected  city court judge of Ogdensburg, the elected city court judge of
Olean, the part-time city court judge  of  Poughkeepsie,  the  part-time
city court judge of Rye, the part-time city court judge of Syracuse, and
the  part-time  city court judge of White Plains the office of which was
filled by appointment in May 2003. Each person serving  in  a  judgeship
abolished by this subdivision shall continue in service in the full-time
judgeship  that  replaces  such abolished judgeship for the remainder of
the term of office to which he or she  was  selected  in  the  abolished
judgeship.
  (b)  The new office of full-time city court judge in the [city] CITIES
of Niagara Falls AND NORWICH created pursuant to this act shall first be
filled by election at the next general  election  at  which  it  can  be
filled for a full term to commence January first next thereafter.
  S 3. This act shall take effect immediately.

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