S T A T E   O F   N E W   Y O R K
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                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MORINELLO  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to  allowing  city  court
   judges  to perform the duties of their position between ages 70 and 76
   where they are certified to be mentally and physically able and compe-
   tent

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The judiciary law is amended by adding a new section 115-a
 to read as follows:
   § 115-A. RETIRED CITY COURT JUDGES. 1. ANY CITY COURT  JUDGE,  RETIRED
 PURSUANT  TO  SECTION TWENTY-THREE OF THIS CHAPTER, MAY, UPON HIS OR HER
 APPLICATION, BE CERTIFIED BY THE ADMINISTRATIVE BOARD FOR SERVICE  AS  A
 RETIRED CITY COURT JUDGE UPON FINDINGS (A) THAT HE OR SHE HAS THE MENTAL
 AND  PHYSICAL CAPACITY TO PERFORM THE DUTIES OF SUCH OFFICE AND (B) THAT
 HIS OR HER SERVICES ARE NECESSARY TO EXPEDITE THE BUSINESS OF THE  COURT
 FOR  THE CITY WITHIN WHICH HE OR SHE RESIDES. A COPY OF SUCH CERTIFICATE
 SHALL BE FILED WITH THE APPELLATE DIVISION OF THE  DEPARTMENT  IN  WHICH
 SUCH RETIRED JUSTICE RESIDES AND IN THE OFFICE OF COURT ADMINISTRATION.
   2.  ANY  SUCH  CERTIFICATION  SHALL  BE  VALID FOR A TERM OF TWO YEARS
 BEGINNING ON THE DATE OF FILING THE CERTIFICATE. AT  THE  EXPIRATION  OF
 SUCH TERM THE RETIRED JUDGE MAY BE CERTIFIED FOR ADDITIONAL TERMS OF TWO
 YEARS EACH BY THE ADMINISTRATIVE BOARD UPON FINDINGS OF CONTINUED MENTAL
 AND PHYSICAL CAPACITY AND NEED FOR HIS OR HER SERVICES. NO RETIRED JUDGE
 MAY  SERVE  UNDER ANY SUCH CERTIFICATION BEYOND THE LAST DAY OF DECEMBER
 IN THE YEAR IN WHICH HE OR SHE REACHES THE AGE OF SEVENTY-SIX.
   3. A RETIRED JUDGE SO  CERTIFIED  SHALL  FOR  ALL  PURPOSES  INCLUDING
 POWERS,  DUTIES,  SALARY  STATUS  AND  RIGHTS,  BE  A  CITY COURT IN THE
 DISTRICT IN WHICH HE OR SHE RESIDES WHEN SO CERTIFIED. A  RETIRED  JUDGE
 SHALL  BE SUBJECT TO ASSIGNMENT BY THE APPELLATE DIVISION OF THE SUPREME
 COURT OF THE JUDICIAL DEPARTMENT OF HIS OR HER RESIDENCE.
   4. THIS SECTION SHALL NOT APPLY TO ANY JUDGE OF A COURT FOR  THE  CITY
 OF NEW YORK.
   § 2. This act shall take effect immediately.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09900-02-9