NY State Senate Bill 2021-S7216

Senate Bill S7216

2021-2022 Legislative Session

Prohibits 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

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2022	opinion referred to judiciary
Jan 28, 2022	to attorney-general for opinion
Jan 05, 2022	referred to judiciary
Jun 09, 2021	to attorney-general for opinion
Jun 07, 2021	referred to rules

co-Sponsors

2021-S7216 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 6 §2, Constn

2021-S7216 (ACTIVE) - Summary

2021-S7216 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7216

SPONSOR: SERINO
 
TITLE OF BILL:  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 constitu-
tion, 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

 
PURPOSE:

To prohibit a governor subject to an impeachment investigation or
impeachment proceedings for filling vacancies on the court of appeals

 
SUMMARY OF PROVISIONS:

Section 1: Amends Article VI of the New York State Constitution to
prohibit a governor from filling vacancies among designated justices of
the supreme court to serve as associate judges of the court of appeals,

appointing a person to fill the office of chief judge or associate judge
when a vacancy occurs in the court of appeals, and making interim
appointments to fill vacancies in the office of chief judge or associate
judge of the court of appeals if such governor is subject to an impeach-
ment investigation or if the assembly has begun impeachment proceedings
against such governor.

Section 2: Provides the procedure, in conformity with section 1 of arti-
cle 19 of the constitution, for a constitutional amendment.

 
EXISTING LAW:

Nothing prohibits the governor from filling vacancies on the New York
State Court of Appeals during an on-going impeachment proceeding,
despite judges of the court of appeals serving as members of the court
for the trial of impeachments.

 
JUSTIFICATION:

The New York State Court of Appeals consists of one chief judge and six
associate judges, all of whom are appointed by the Governor and
confirmed by the State Senate. Additionally, the Governor may designate
up to four justices of the Supreme Court to serve as associate judges of
the Court of Appeal in cases when the Court has certified that it is
unable to hear and dispose of causes with reasonable speed, and may fill
vacancies by interim appointments on the Court when the Senate is not in
session.

However, despite the fact that judges of the Court of Appeals serve as
members of the court for the trial of impeachments, there are no
provisions to prohibit a Governor from filling vacancies in cases where
the Governor is actively subject to an impeachment investigation or
impeachment proceedings. While the New York State Constitution has
provisions to address certain potential conflicts of interest during
trials of impeachment against a Governor or Lieutenant-Governor specif-
ically, prohibiting the Lieutenant-Governor and the Temporary President
of the Senate to act as members of the court for such an impeachment-no
such prohibition exists for judges of the Court of Appeals, despite the
possibility that some judges may have been appointed by such a Governor
during the impeachment proceedings for the trial at hand.

Impeachment proceedings and impeachment trials are serious, somber
actions to hold public officials who may have abused their office and
violated the public trust to account. An individual subject to such a
serious investigation should not be allowed to appoint a judge who will
serve for 14 years-well beyond the term of the governor.  Furthermore,
it is counterintuitive that such a public official could choose members
of his or her jury as an impeachment proceeding is ongoing, and this
constitutional amendment could prevent such a conflict of interest by
prohibiting a governor from filling vacancies on the Court of Appeals if
such governor is subject to an impeachment investigation or if the
assembly has begun impeachment proceedings against such governor.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Resolved, if the Assembly concur, That the foregoing be referred to the
first regular legislation 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 three
months previous to the time of such election.

2021-S7216 (ACTIVE) - Bill Text download pdf

                            
 
                     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
                                ___________
 
 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.

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Senate Bill S7216

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Sponsored By

Susan Serino