S T A T E O F N E W Y O R K
________________________________________________________________________
7216
2021-2022 Regular Sessions
I N S E N A T E
June 7, 2021
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Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to subdivisions b, e, and f of section 2 of
article VI of the constitution, in relation to prohibiting the governor
from making appointments to the court of appeals when he or she is
subject to an impeachment investigation or if the assembly has begun
impeachment proceedings against such governor
Section 1. Resolved (if the Assembly concur), That subdivisions b, e
and f of section 2 of article 6 of the constitution be amended to read
as follows:
b. Whenever and as often as the court of appeals shall certify to the
governor that the court is unable, by reason of the accumulation of
causes pending therein, to hear and dispose of the same with reasonable
speed, the governor shall designate such number of justices of the
supreme court as may be so certified to be necessary, but not more than
four, to serve as associate judges of the court of appeals. The justices
so designated shall be relieved, while so serving, from their duties as
justices of the supreme court, and shall serve as associate judges of
the court of appeals until the court shall certify that the need for the
services of any such justices no longer exists, whereupon they shall
return to the supreme court. The governor may fill vacancies among such
designated judges; HOWEVER, THE GOVERNOR SHALL NOT FILL VACANCIES WHILE
SUCH GOVERNOR IS THE SUBJECT OF AN IMPEACHMENT INVESTIGATION BEING
CONDUCTED BY A STANDING COMMITTEE OF THE ASSEMBLY OR WHILE THE ASSEMBLY
HAS BEGUN IMPEACHMENT PROCEEDINGS AGAINST SUCH GOVERNOR UNTIL THE
CONCLUSION OF THE TRIAL OF THE IMPEACHMENT BY THE SENATE. No such
justices shall serve as associate judge of the court of appeals except
while holding the office of justice of the supreme court. The desig-
nation of a justice of the supreme court as an associate judge of the
court of appeals shall not be deemed to affect his or her existing
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89144-01-1
S. 7216 2
office any longer than until the expiration of his or her designation as
such associate judge, nor to create a vacancy.
e. The governor shall appoint, with the advice and consent of the
senate, from among those recommended by the judicial nominating commis-
sion, a person to fill the office of chief judge or associate judge, as
the case may be, whenever a vacancy occurs in the court of appeals;
provided, however, that no person may be appointed a judge of the court
of appeals unless such person is a resident of the state and has been
admitted to the practice of law in this state for at least ten years.
The governor shall transmit to the senate the written report of the
commission on judicial nomination relating to the nominee. THE GOVERNOR
SHALL NOT APPOINT A PERSON TO FILL THE OFFICE OF CHIEF JUDGE OR ASSOCI-
ATE JUDGE WHILE SUCH GOVERNOR IS THE SUBJECT OF AN IMPEACHMENT INVESTI-
GATION BEING CONDUCTED BY A STANDING COMMITTEE OF THE ASSEMBLY OR WHILE
THE ASSEMBLY HAS BEGUN IMPEACHMENT PROCEEDINGS AGAINST SUCH GOVERNOR
UNTIL THE CONCLUSION OF THE TRIAL OF THE IMPEACHMENT BY THE SENATE.
f. When a vacancy occurs in the office of chief judge or associate
judge of the court of appeals and the senate is not in session to give
its advice and consent to an appointment to fill the vacancy, the gover-
nor shall fill the vacancy by interim appointment upon the recommenda-
tion of a commission on judicial nomination as provided in this section.
An interim appointment shall continue until the senate shall pass upon
the governor's selection. HOWEVER, THE GOVERNOR SHALL NOT FILL A VACAN-
CY IN THE OFFICE OF CHIEF JUDGE OR ASSOCIATE JUDGE OF THE COURT OF
APPEALS IF SUCH GOVERNOR IS THE SUBJECT OF AN IMPEACHMENT INVESTIGATION
BEING CONDUCTED BY A STANDING COMMITTEE OF THE ASSEMBLY OR IF THE ASSEM-
BLY HAS BEGUN IMPEACHMENT PROCEEDINGS AGAINST SUCH GOVERNOR UNTIL THE
CONCLUSION OF THE TRIAL OF THE IMPEACHMENT BY THE SENATE. If the senate
confirms an appointment, the judge shall serve a term as provided in
subdivision a of this section commencing from the date of his or her
interim appointment. If the senate rejects an appointment, a vacancy in
the office shall occur sixty days after such rejection. If an interim
appointment to the court of appeals be made from among the justices of
the supreme court or the appellate divisions thereof, that appointment
shall not affect the justice's existing office, nor create a vacancy in
the supreme court, or the appellate division thereof, unless such
appointment is confirmed by the senate and the appointee shall assume
such office. If an interim appointment of chief judge of the court of
appeals be made from among the associate judges, an interim appointment
of associate judge shall be made in like manner; in such case, the
appointment as chief judge shall not affect the existing office of asso-
ciate judge, unless such appointment as chief judge is confirmed by the
senate and the appointee shall assume such office.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.