Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 | referred to judiciary |
Jan 07, 2015 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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A701 (ACTIVE) - Details
A701 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 701 2015-2016 Regular Sessions I N A S S E M B L Y January 7, 2015 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to the timeliness of judicial decisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 2-A of the judiciary law is amended by adding a new section 49 to read as follows: S 49. TIMELY JUDICIAL DECISIONS. 1. A JUDGE SHALL RENDER DECISIONS ON MOTIONS AND ISSUE NON-JURY VERDICTS IN A TIMELY MANNER. 2. TIMELY IS DEFINED AS BEING NO LATER THAN NINE MONTHS FROM THE DATE THE PARTIES HAVE FULLY SUBMITTED THE MATTER FOR THE JUDGE'S CONSIDER- ATION. 3. THE FAILURE TO MAKE A TIMELY DECISION SHALL BE CONSIDERED MISCON- DUCT. THE CLERK OF THE COURT SHALL REFER ANY UNTIMELY DECISIONS TO THE COMMISSION FOR CONSIDERATION OF POSSIBLE DISCIPLINE OF THE JUDGE. 4. A JUDGE SHALL NOT INTERFERE WITH THE CLERK'S DUTY TO TRANSMIT SUCH INFORMATION TO THE COMMISSION. ANY SUCH INTERFERENCE MAY SUBJECT A JUDGE TO REMOVAL FROM OFFICE. 5. THE COMMISSION SHALL REMOVE FROM OFFICE ANY JUDGE FOUND TO BE IN VIOLATION OF THIS SECTION MORE THAN FIVE TIMES, AND MAY ISSUE SUCH LESS- ER PENALTIES AS IT DEEMS APPROPRIATE FOR LESS NUMEROUS VIOLATIONS. 6. A JUDGE SHALL BE REMOVED FROM OFFICE FOR FAILURE TO RENDER A DECI- SION ON A MOTION OR A NON-JURY VERDICT WITHIN TWO YEARS FROM THE DATE THE PARTIES HAVE FULLY SUBMITTED THE MATTER FOR THE JUDGE'S CONSIDER- ATION. 7. WITH RESPECT TO MATTERS CURRENTLY PENDING BEFORE A JUDGE WHICH HAVE NOT BEEN DECIDED WITHIN THE TIME LIMIT SET FORTH IN SUBDIVISION SIX OF THIS SECTION, THE JUDGE SHALL HAVE SIX MONTHS TO RENDER A TIMELY DECI- SION. IF A DECISION IS NOT RENDERED WITHIN SUCH TIME, ALL PENALTIES SET EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04413-01-5