NY State Senate Bill S4379

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2022	pocket veto - veto.91
Dec 30, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.805 substituted for a6044 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1742 committee discharged and committed to rules
Mar 09, 2021	reported and committed to finance
Feb 04, 2021	referred to judiciary

Votes

view votes

Jun 10, 2021 - floor Vote

S4379

floor

Aye

Nay

Absent

Excused

Abstained

Jun 10, 2021 - Rules committee Vote

S4379

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 9, 2021 - Judiciary committee Vote

S4379

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S4379 (ACTIVE) - Details

See Assembly Version of this Bill:: A6044
Law Section:: Judiciary Law
Laws Affected:: Amd §§114 & 115, Judy L
Versions Introduced in 2023-2024 Legislative Session:: A3339

S4379 (ACTIVE) - Summary

Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court.

S4379 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4379

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to making technical
changes to provisions providing for certification for service as a
retired judge of the court of appeals or a retired justice of the
supreme court

 
PURPOSE:

To make certification of retired Court of Appeals Judges and Supreme
Court Justices who otherwise meet the statutory criteria for certif-
ication automatic, rather than discretionary.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 114 of the Judiciary Law

("Retired judges of the court of appeals") to state that a Judge of the

Court of Appeals who retires due to reaching the age of 70 shall be
certified by the Administrative Board for service as a Retired Justice
of the Supreme Court upon a finding that he or she has the mental and
physical capacity to perform the duties of the office and that his or
her services are necessary to expedite the business of the Supreme
Court. Under current law, such certification is at the discretion of the
Administrative Board.

Section 2 of the bill amends Section 115 of the Judiciary Law ("Retired
justices of the supreme court") to make similar changes to the law for
retiring Justices of the Supreme Court.

Section of the bill is the effective date.

 
JUSTIFICATION:

Under the New York State Constitution, Judges of the Court of Appeals
and Justices of the Supreme Court - like other judgeships established
under Article VI of the Constitution - are required to retire no later
than December 31 of the year in which he or she turns 70.  However,
pursuant to Section 25(b) of Article VI and Section 115 of the Judiciary
Law, Court of Appeals Judges and Justices of the Supreme Court can apply
to be certified by the Administrative Board of the Courts to service for
up to three separate two year terms as retired Justices of the Supreme
Court upon a finding by the Administrative Board that the retired Judge
or Justice has the mental and physical capacity to perform the duties of
the job and that his or her services are necessary to expedite the busi-
ness of the Supreme Court. Under current law, certification of an appli-
cant is at the discretion of the Administrative Board, even where the
Board reaches findings of mental and physical capacity and that the
applicant's services are necessary.

As a matter of judicial independence, certification of retired Court of
Appeals Judges and Justices of the Supreme Court should be virtually
automatic as long as the Administrative Board does not find that the
applicant lacks mental or physical capacity and there is a need for
additional judicial services to expedite the business of the Supreme
Court.
As Court of Appeals Judge Jacob Fuchsberg noted in the dissenting opin-
ion in MARRO v. BARTLETT (46 N.Y.2d 674, 1979), imbuing the
AdT,inistrative Board with discretion in the certification process
creates a g:ituation where "it now appears that a Judge serving a prere-
tirement term and for each ensuing two-year stint that follows is to be
ever conscious of the fact that his or her tenure may be forfeit to
unpopularity or nonconformity, be it the result of doctrinal differ-
ences, a lack of gregariousness, or any other expression of personality,
ideology or style. Or, perhaps, just whim or caprice."

This legislation would help preserve judicial independence by stating
that a retired Court of Appeals Judge or Justice of the Supreme Court
shall be certified for additional service when the other requirements of
Article VI, Section 25(b) of the Constitution and Section 115 of the
Judiciary Law are met.

 
LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4379 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4379
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, MAYER -- 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  making  technical
   changes  to  provisions  providing  for certification for service as a
   retired judge of the court of appeals or  a  retired  justice  of  the
   supreme court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 114 of the judiciary law, as added by  chapter  704
 of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws
 of 1981, is amended to read as follows:
   §  114.  Retired  judges of the court of appeals.  1. Any judge of the
 court of appeals, retired pursuant to subdivision b of  section  twenty-
 five  of  article  six of the constitution, [may] SHALL, upon his OR HER
 application, be certified by the administrative board for service  as  a
 justice  of  the  supreme court 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 supreme court. A copy of such certificate shall be  filed  with  the
 appellate division of the department in which such retired judge 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] SHALL 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 seven-
 ty-six.
   3. A retired judge so certified shall for  all  purposes,  other  than
 determining  the  number  of  justices  in  a  judicial district for the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08696-02-1

 S. 4379                             2
 
 purposes of subdivision d of section six of article six of the constitu-
 tion and section one hundred forty-a  of  this  chapter,  but  including
 powers,  duties,  salary, status and rights, be a justice of the supreme
 court  in  the  district in which he OR SHE resides when so certified. A
 retired judge shall be subject to assignment by the  appellate  division
 of the supreme court of the judicial department of his OR HER residence.
   4.  The provisions of this section shall also be applicable to a judge
 who has not yet reached the age of seventy-six and who reached  the  age
 of  seventy  and retired as a judge of the court of appeals prior to the
 effective date of this section.
   § 2. Section 115 of the judiciary law, as added by chapter 704 of  the
 laws  of  1962,  subdivision  1 as amended by chapter 751 of the laws of
 1981, is amended to read as follows:
   § 115. Retired justices of the supreme court.  1. Any justice  of  the
 supreme  court, retired pursuant to subdivision b of section twenty-five
 of article six of the constitution, [may] SHALL, upon his OR HER  appli-
 cation,  be  certified  by  the  administrative  board  for service as a
 retired justice of the supreme court 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 supreme court. 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 justice [may] SHALL 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 justice 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 justice so certified shall for all purposes,  other  than
 determining  the  number  of  justices  in  a  judicial district for the
 purposes of subdivision d of section six of article six of the constitu-
 tion and section one hundred forty-a  of  this  chapter,  but  including
 powers,  duties,  salary, status and rights, be a justice of the supreme
 court in the district in which he OR SHE resides when  so  certified.  A
 retired justice shall be subject to assignment by the appellate division
 of the supreme court of the judicial department of his OR HER residence.
   4.  The  provisions  of  this  section  shall  also be applicable to a
 justice of the supreme court, a judge of the county court  of  a  county
 within  the  city  of  New  York,  and  a  judge of the court of general
 sessions of the county of New York who has not yet reached  the  age  of
 seventy-six  and  who  reached  the  age  of seventy and retired as such
 justice or judge prior to the effective date of this section.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S4379

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 10, 2021 - Rules committee Vote

Rules Committee Vote: Jun 10, 2021

Mar 9, 2021 - Judiciary committee Vote

Judiciary Committee Vote: Mar 9, 2021

Co-Sponsors

S4379 (ACTIVE) - Details

S4379 (ACTIVE) - Summary

S4379 (ACTIVE) - Sponsor Memo

S4379 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4379

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Archive: Last Bill Status - Vetoed by Governor

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Votes

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 10, 2021 - Rules committee Vote

Rules Committee Vote: Jun 10, 2021

Mar 9, 2021 - Judiciary committee Vote

Judiciary Committee Vote: Mar 9, 2021

Co-Sponsors

S4379 (ACTIVE) - Details

S4379 (ACTIVE) - Summary

S4379 (ACTIVE) - Sponsor Memo

S4379 (ACTIVE) - Bill Text download pdf

Comments