senate Bill S7116

2019-2020 Legislative Session

Requires judges who recuse themselves to provide the reason for the recusal

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Feb 13, 2020 advanced to third reading
Feb 12, 2020 2nd report cal.
Feb 11, 2020 1st report cal.406
Jan 08, 2020 referred to judiciary

Votes

view votes

Feb 11, 2020 - Judiciary committee Vote

S7116
9
1
committee
9
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Feb 11, 2020

nay (1)

Co-Sponsors

S7116 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Judiciary Law
Laws Affected:
Add §9, Judy L

S7116 (ACTIVE) - Summary

Requires judges who recuse themselves to provide the reason for the recusal; provides an exception when the reason for the recusal will result in embarrassment or is of a compelling personal nature.

S7116 (ACTIVE) - Sponsor Memo

S7116 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7116
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to requiring  judges  who
   recuse themselves to provide the reason for the recusal
 
   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  9  to
 read as follows:
   §  9.  RECUSAL;  REASON. ANY JUDGE WHO RECUSES HIMSELF OR HERSELF FROM
 SITTING IN OR TAKING ANY PART IN  THE  DECISION  OF  AN  ACTION,  CLAIM,
 MATTER,  MOTION  OR PROCEEDING SHALL PROVIDE THE REASON FOR SUCH RECUSAL
 IN WRITING OR ON THE RECORD; PROVIDED, HOWEVER, THAT NO JUDGE  SHALL  BE
 REQUIRED  TO  PROVIDE  A WRITTEN REASON FOR SUCH RECUSAL WHEN THE REASON
 WILL RESULT IN EMBARRASSMENT, OR IS OF  A  COMPELLING  PERSONAL  NATURE,
 AFFECTING  THE  PRIVACY  OF  THE  JUDGE OR A PERSON RELATED TO THE JUDGE
 WITHIN THE SIXTH DEGREE BY CONSANGUINITY OR AFFINITY.
   § 2. This act shall take effect immediately.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14485-02-9


Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.