Assembly Bill A9389A

2021-2022 Legislative Session

Relates to requiring certain town and village justices be admitted to practice law in the state

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A9389 - Details

See Senate Version of this Bill:
S9433
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2023-2024 Legislative Session:
A1358, S139

2021-A9389 - Summary

Relates to requiring certain town and village justices be admitted to practice law in the state; requires town and village justices in a town or village with a high volume caseload be admitted to practice law in New York state; provides the determination of a town or village with a high volume caseload shall be made by the office of court administration in consultation with the division of criminal justice services.

2021-A9389 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9389
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  uniform  justice court act and the town law, in
   relation to requiring certain town and village justices be admitted to
   practice law in the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 105 of the uniform justice court act is amended by
 adding a new subdivision (a-1) to read as follows:
   (A-1) EDUCATION. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
 CONTRARY,  A  TOWN OR VILLAGE JUSTICE SELECTED FOR A TERM OF OFFICE IN A
 TOWN OR VILLAGE WITH A HIGH VOLUME CASELOAD SHALL BE ADMITTED  TO  PRAC-
 TICE  LAW  IN  THE STATE. FOR THE PURPOSES OF THIS SUBDIVISION, "TOWN OR
 VILLAGE WITH A HIGH VOLUME CASELOAD" SHALL MEAN THE FIFTY HIGHEST VOLUME
 CASELOADS IN TOWN AND VILLAGE COURTS IN THE STATE AS DETERMINED  BY  THE
 OFFICE  OF  COURT  ADMINISTRATION  IN  CONSULTATION WITH THE DIVISION OF
 CRIMINAL JUSTICE SERVICES. ANY CHANGE IN THE REQUIREMENTS FOR  ELIGIBIL-
 ITY  TO SERVE AS A TOWN OR VILLAGE JUSTICE IN SUCH TOWN OR VILLAGE SHALL
 TAKE EFFECT UPON COMMENCEMENT  OF  THE  NEXT  JUDICIAL  TERM  OF  OFFICE
 FOLLOWING  THE DESIGNATION AS A TOWN OR VILLAGE WITH A HIGH VOLUME CASE-
 LOAD.
   § 2. Section 31 of the town law is amended by adding a new subdivision
 2-a to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 TOWN  JUSTICE SELECTED FOR A TERM OF OFFICE IN A TOWN WITH A HIGH VOLUME
 CASELOAD, AS DETERMINED PURSUANT TO SUBDIVISION  (A-1)  OF  SECTION  ONE
 HUNDRED  FIVE  OF  THE  UNIFORM  JUSTICE COURT ACT, SHALL BE ADMITTED TO
 PRACTICE LAW IN THE STATE. ANY CHANGE IN THE REQUIREMENTS FOR  ELIGIBIL-
 ITY  TO  SERVE  AS  A  TOWN  JUSTICE IN SUCH TOWN SHALL TAKE EFFECT UPON
 COMMENCEMENT OF THE NEXT JUDICIAL TERM OF OFFICE  FOLLOWING  THE  DESIG-
 NATION AS A TOWN WITH A HIGH VOLUME CASELOAD.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14136-02-2
              

2021-A9389A (ACTIVE) - Details

See Senate Version of this Bill:
S9433
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2023-2024 Legislative Session:
A1358, S139

2021-A9389A (ACTIVE) - Summary

Relates to requiring certain town and village justices be admitted to practice law in the state; requires town and village justices in a town or village with a high volume caseload be admitted to practice law in New York state; provides the determination of a town or village with a high volume caseload shall be made by the office of court administration in consultation with the division of criminal justice services.

2021-A9389A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9389--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the uniform justice court act,  the  town  law  and  the
   village  law,  in  relation  to  requiring  certain  town  and village
   justices be admitted to practice law in the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 105 of the uniform justice court act is amended by
 adding a new subdivision (a-1) to read as follows:
   (A-1) EDUCATION. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
 CONTRARY,  NO PERSON MAY SERVE AS A TOWN OR VILLAGE JUSTICE IN A TOWN OR
 VILLAGE WITH A HIGH VOLUME CASELOAD UNLESS THEY ARE ADMITTED TO PRACTICE
 LAW IN THE STATE. FOR THE PURPOSES OF THIS SUBDIVISION, "TOWN OR VILLAGE
 WITH A HIGH VOLUME CASELOAD" SHALL MEAN THE FIFTY HIGHEST  VOLUME  CASE-
 LOADS  IN  TOWN  AND  VILLAGE  COURTS  IN THE STATE AS DETERMINED BY THE
 OFFICE OF COURT ADMINISTRATION IN  CONSULTATION  WITH  THE  DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES. THE INITIAL DETERMINATION SHALL BE BASED ON
 THE SUM OF CASES FROM TWO THOUSAND EIGHTEEN AND TWO  THOUSAND  NINETEEN.
 SUBSEQUENT  DETERMINATIONS  SHALL  TAKE PLACE EVERY TEN YEARS THEREAFTER
 AND SHALL USE THE SUM OF AT LEAST TWO YEARS' DATA.  ANY  CHANGE  IN  THE
 REQUIREMENTS  FOR  ELIGIBILITY  TO SERVE AS A TOWN OR VILLAGE JUSTICE IN
 SUCH TOWN OR VILLAGE SHALL TAKE EFFECT UPON  COMMENCEMENT  OF  THE  NEXT
 JUDICIAL  TERM  OF OFFICE FOLLOWING THE DESIGNATION AS A TOWN OR VILLAGE
 WITH A HIGH VOLUME CASELOAD.
   § 2. Section 31 of the town law is amended by adding a new subdivision
 2-a to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  NO
 PERSON  MAY  SERVE  AS A TOWN JUSTICE IN A TOWN WITH A HIGH VOLUME CASE-
 LOAD, AS DETERMINED PURSUANT TO SUBDIVISION (A-1) OF SECTION ONE HUNDRED
 FIVE OF THE UNIFORM JUSTICE COURT ACT, UNLESS THEY ARE ADMITTED TO PRAC-
 TICE LAW IN THE STATE. ANY CHANGE IN THE REQUIREMENTS FOR ELIGIBILITY TO
 SERVE AS A TOWN JUSTICE IN SUCH TOWN SHALL TAKE EFFECT UPON COMMENCEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14136-03-2
              

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