NY State Senate Bill S8831

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2020	signed chap.376
Dec 11, 2020	delivered to governor
Jul 23, 2020	returned to senate passed assembly ordered to third reading rules cal.189 substituted for a9542a referred to judiciary delivered to assembly passed senate ordered to third reading cal.1029
Jul 20, 2020	referred to rules

Votes

Co-Sponsors

S8831 (ACTIVE) - Details

See Assembly Version of this Bill:: A9542
Law Section:: Judiciary Law
Laws Affected:: Add §9, Judy L

S8831 (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 personal nature.

S8831 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8831

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring judges who
recuse themselves to provide the reason for the recusal

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase the transparency of judicial recusals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new Section to the Judiciary Law, requiring judges to
provide a reason, on the record, for why they recused themselves.
Exceptions are provided.

Section 2. Effective date.

JUSTIFICATION:

Judicial recusal is an important mechanism to safeguard the perception
of judicial integrity. A judge must currently disqualify themselves from
presiding over a matter when they doubt their ability to preside impar-
tially. Currently, judges also have total discretion to recuse them-
selves without giving a reason. Yet without written order specifically
justifying the recusal, it is difficult to tell whether the disquali-
fication was really necessary. Such is the instance on Long Island where
three judges recused themselves, in a short period of time, from presid-
ing over litigation between the Town of Hempstead and Double Eagle Golf.
None have cited specific reasons for recusal.  Due to this, concerns
have been raised as to whether the justification for their recusal was
legitimate.

This legislation would require a judge to give a written reason or one
on the record when he or she decides to recuse himself or herself.  This
new requirement will help improve the transparency of the judicial deci-
sion-making process. However, the legislation recognizes also recognizes
there are times when a judge must recuse themselves due to a personal
nature that would be either embarrassing to reveal or would be a breach
of privacy, in which an exemption is included in certain circumstances.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8831 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8831
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced  by Sens. KAMINSKY, KAPLAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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 REASON FOR SUCH RECUSAL WHEN THE REASON MAY RESULT
 IN  EMBARRASSMENT,  OR IS OF A PERSONAL NATURE, AFFECTING 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.
                                                            LBD14485-04-0

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The New York State Senate

senate Bill S8831

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Co-Sponsors

S8831 (ACTIVE) - Details

S8831 (ACTIVE) - Summary

S8831 (ACTIVE) - Sponsor Memo

S8831 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8831

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Co-Sponsors

Anna M. Kaplan

S8831 (ACTIVE) - Details

S8831 (ACTIVE) - Summary

S8831 (ACTIVE) - Sponsor Memo

S8831 (ACTIVE) - Bill Text download pdf

Comments