NY State Assembly Bill 2023-A1358

Assembly Bill A1358

2023-2024 Legislative Session

Relates to requiring certain town and village justices be admitted to practice law in the state

download bill text pdf

Current Bill Status - In Assembly 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 03, 2024	referred to judiciary
May 31, 2023	print number 1358b
May 31, 2023	amend and recommit to judiciary
May 02, 2023	print number 1358a
May 02, 2023	amend and recommit to judiciary
Jan 17, 2023	referred to judiciary

Bill Amendments

Original

B (Active)

2023-A1358 - Details

Current Committee:: Assembly Judiciary
Law Section:: Uniform Justice Court Act
Laws Affected:: Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2021-2022 Legislative Session:: A9389

2023-A1358 - Summary

Relates to requiring certain town and village justices be admitted to practice law in the state; requires town and village justices in a town or village with a high volume caseload be admitted to practice law in New York state for at least five years as of the date they commence the duties of office; provides the determination of a town or village with a high volume caseload shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-A1358 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1358
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Judiciary
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-01-3

 A. 1358                             2
 
 SERVE AS A TOWN JUSTICE IN SUCH TOWN SHALL TAKE EFFECT UPON COMMENCEMENT
 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.

2023-A1358A - Details

Current Committee:: Assembly Judiciary
Law Section:: Uniform Justice Court Act
Laws Affected:: Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2021-2022 Legislative Session:: A9389

2023-A1358A - Summary

2023-A1358A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1358--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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 AN ATTORNEY ADMITTED
 TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS  AS  OF  THE  DATE
 THEY  COMMENCE  THE  DUTIES OF OFFICE. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "TOWN OR VILLAGE WITH A HIGH VOLUME CASELOAD" SHALL MEAN THE FIFTY
 HIGHEST VOLUME CASELOADS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-03-3

 A. 1358--A                          2
 
 FIVE  OF  THE  UNIFORM  JUSTICE  COURT  ACT, UNLESS THEY ARE AN ATTORNEY
 ADMITTED TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS AS OF THE
 DATE THEY COMMENCE THE DUTIES OF OFFICE. ANY CHANGE IN THE  REQUIREMENTS
 FOR  ELIGIBILITY  TO  SERVE  AS  A  TOWN JUSTICE IN SUCH TOWN SHALL TAKE
 EFFECT UPON COMMENCEMENT 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 AN ATTOR-
 NEY ADMITTED TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS AS OF
 THE  DATE THEY COMMENCE THE DUTIES OF OFFICE. ANY CHANGE IN THE REQUIRE-
 MENTS FOR ELIGIBILITY 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.

2023-A1358B (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Uniform Justice Court Act
Laws Affected:: Amd §105, UJCA; amd §31, Town L; amd §3-301, Vil L
Versions Introduced in 2021-2022 Legislative Session:: A9389

2023-A1358B (ACTIVE) - Summary

2023-A1358B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1358--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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 --  again  reported  from
   said  committee  with  amendments,  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 AN ATTORNEY ADMITTED
 TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS  AS  OF  THE  DATE
 THEY  COMMENCE  THE  DUTIES OF OFFICE. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "TOWN OR VILLAGE WITH A HIGH VOLUME CASELOAD" SHALL MEAN  THE  ONE
 HUNDRED HIGHEST VOLUME CASELOADS 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.    NOTWITHSTANDING  THE  FOREGOING,
 NON-ATTORNEY  JUSTICES IN OFFICE AS OF THE EFFECTIVE DATE OF THIS SUBDI-
 VISION SHALL REMAIN ELIGIBLE TO SERVE AS A  JUSTICE  FOR  THE  COURT  ON
 WHICH THEY CURRENTLY SIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-05-3

 A. 1358--B                          2
 
   § 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 AN ATTORNEY
 ADMITTED TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS AS OF THE
 DATE THEY COMMENCE THE DUTIES OF OFFICE. ANY CHANGE IN THE  REQUIREMENTS
 FOR  ELIGIBILITY  TO  SERVE  AS  A  TOWN JUSTICE IN SUCH TOWN SHALL TAKE
 EFFECT UPON COMMENCEMENT OF THE NEXT JUDICIAL TERM OF  OFFICE  FOLLOWING
 THE  DESIGNATION AS A TOWN WITH A HIGH VOLUME CASELOAD.  NOTWITHSTANDING
 THE FOREGOING, NON-ATTORNEY JUSTICES IN OFFICE AS OF THE EFFECTIVE  DATE
 OF  THIS SUBDIVISION SHALL REMAIN ELIGIBLE TO SERVE AS A JUSTICE FOR THE
 COURT ON WHICH THEY CURRENTLY SIT.
   § 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 AN ATTOR-
 NEY ADMITTED TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS AS OF
 THE DATE THEY COMMENCE THE DUTIES OF OFFICE. ANY CHANGE IN THE  REQUIRE-
 MENTS  FOR  ELIGIBILITY  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.
 NOTWITHSTANDING THE FOREGOING, NON-ATTORNEY JUSTICES IN OFFICE AS OF THE
 EFFECTIVE DATE OF THIS SUBDIVISION SHALL REMAIN ELIGIBLE TO SERVE  AS  A
 JUSTICE FOR THE COURT ON WHICH THEY CURRENTLY SIT.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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