NY State Senate Bill 2021-S7218

Senate Bill S7218

2021-2022 Legislative Session

Relates to requiring certain court of appeals judges to recuse themselves from serving as a juror during an impeachment trial of a governor that appointed them

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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
Jan 05, 2022	referred to judiciary
Jun 07, 2021	referred to rules

co-Sponsors

2021-S7218 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add §60-a, Judy L

2021-S7218 (ACTIVE) - Summary

Requires court of appeals judges to recuse themselves from serving as a juror during an impeachment trial of a governor that appointed them.

2021-S7218 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7218

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring certain
court of appeals judges to recuse themselves from serving as a juror
during an impeachment trial of a governor that appointed them

 
PURPOSE:

To require judges of the court of appeals appointed by a governor
subject to a trial of impeachment to recuse himself or herself from
serving on the court for the trial of impeachment.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Judiciary Law by adding a new section 60-a requir-
ing judges of the court of appeals appointed by a governor subject to a
trial of impeachment to recuse himself or herself from serving on the
court for the trial of impeachment.

Section 2: Establishes the effective date.

 
EXISTING LAW:

The Lieutenant-Governor and Temporary President of the Senate are
prohibited from serving as a member of the court for the trial of
impeachments against the Governor or Lieutenant-Governor, however judges
of the Court of Appeals currently may serve as a member of the court for
the trial of impeachment against the Governor who appointed them.

 
JUSTIFICATION:

The New York State Constitution establishes that the court for the trial
of impeachments is comprised of the Lieutenant Governor, state senators,
and the judges of the Court of Appeals. In recognition of the importance
of preventing potential conflicts of interest, or even the appearance of
a conflict of interest, the State Constitution prohibits the Lieuten-
ant-Governor an the Temporary President of the Senate from acting as
members of the court for the trial of impeachments against the Governor
or Lieutenant-Governor.

However, while the Lieutenant-Governor is selected on the same ticket as
the Governor in a general election, nominees for the position are chosen
separately during primaries, and the Temporary President of the Senate
is chosen by members of the New York State Senate itself.  Judges of the
Court of Appeals are unique among members of courts for impeachment
trials in that they are the only members chosen by the Governor. Cases
of impeachment and subsequent trials inherently deal with violations of
the public trust, hence it is critical that the process is one that the
public can trust is fair and impartial. While the judges on the Court of
Appeals may be people of the utmost integrity, even the appearance of a
conflict of interest threatens to erode the public trust in the process.

The independence of any members of an impeachment trial is essential to
avoid undermining faith in the process. In light of this, this legis-
lation would require judges of the court of appeals appointed by a
governor subject to a trial of impeachment to recuse himself or herself
from serving on the court for the trial of impeachment. This commonsense
step would strengthen public trust in the independence of any such
proceeding and prevent potential conflicts of interest.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7218 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7218
 
                        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
 
 AN ACT to amend the judiciary law,  in  relation  to  requiring  certain
   court  of  appeals judges to recuse themselves from serving as a juror
   during an impeachment trial of a governor that appointed them

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The judiciary law is amended by adding a new section 60-a
 to read as follows:
   § 60-A. RECUSAL AS JUROR DURING IMPEACHMENT TRIAL. ANY  JUDGE  OF  THE
 COURT  OF  APPEALS THAT WAS APPOINTED BY THE GOVERNOR SUBJECT TO A TRIAL
 OF IMPEACHMENT, OUTLINED IN SECTION TWENTY-FOUR OF ARTICLE  SIX  OF  THE
 STATE  CONSTITUTION, SHALL RECUSE HIMSELF OR HERSELF FROM SERVING ON THE
 COURT FOR THE TRIAL OF IMPEACHMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11804-01-1

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Senate Bill S7218

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Sponsored By

Susan Serino