assembly Bill A344

2019-2020 Legislative Session

Relating to the timeliness of judicial decisions

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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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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
Jan 09, 2019 referred to judiciary

A344 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Add Art 2-A §49, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8408
2015-2016: A701
2017-2018: A2503
2021-2022: A3086

A344 (ACTIVE) - Summary

Relates to the timeliness of judicial decisions; considered misconduct.

A344 (ACTIVE) - Bill Text download pdf


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

                                   344

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

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:
  § 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