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
A. 9389--A 2
OF THE NEXT JUDICIAL TERM OF OFFICE FOLLOWING THE DESIGNATION AS A TOWN
WITH A HIGH VOLUME CASELOAD.
§ 3. Section 3-301 of the village law is amended by adding a new
subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
PERSON MAY SERVE AS A VILLAGE JUSTICE IN A VILLAGE WITH A HIGH VOLUME
CASELOAD, AS DETERMINED PURSUANT TO SUBDIVISION (A-1) OF SECTION ONE
HUNDRED FIVE OF THE UNIFORM JUSTICE COURT ACT, UNLESS THEY ARE ADMITTED
TO PRACTICE LAW IN THE STATE. ANY CHANGE IN THE REQUIREMENTS FOR ELIGI-
BILITY TO SERVE AS A VILLAGE JUSTICE IN SUCH VILLAGE SHALL TAKE EFFECT
UPON COMMENCEMENT OF THE NEXT JUDICIAL TERM OF OFFICE FOLLOWING THE
DESIGNATION AS A VILLAGE WITH A HIGH VOLUME CASELOAD.
§ 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.