S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4533
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. MORINELLO, ASHBY, McDONOUGH, MANKTELOW, DeSTEFA-
   NO, SALKA, REILLY, HAWLEY, NORRIS -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08780-01-1
              

 A. 4533                             2
 
 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.