Assembly Bill A5304

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5304
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  an  amendment to section 25 of article 6 of the constitution,
   in relation to service by retired justices and  requiring  judges  and
   justices to retire at age 76

   Section  1.  Resolved  (if  the  Senate concur), That subdivision b of
 section 25 of article 6 of  the  constitution  be  amended  to  read  as
 follows:
   b.  Each  judge of the court of appeals, justice of the supreme court,
 judge of the court of claims, judge of the county court,  judge  of  the
 surrogate's  court,  judge of the family court, judge of a court for the
 city of New York established pursuant to section fifteen of this article
 and judge of the district court shall retire on the last day of December
 in the year in which he or she reaches the age of [seventy] SEVENTY-SIX.
 Each [such] former judge of the court of  appeals  and  justice  of  the
 supreme  court  may  thereafter  perform  the duties of a justice of the
 supreme court, with power to hear and determine actions and proceedings,
 provided, however, that it shall be certificated in the manner  provided
 by law that the services of such judge or justice are necessary to expe-
 dite  the business of the court and that he or she is mentally and phys-
 ically able and competent to perform the full duties of such office. Any
 such certification shall be valid for a term of two  years  and  may  be
 extended as provided by law for AN additional TERM OR terms of two years
 IN THE MANNER PROVIDED BY LAW. A retired judge or justice shall serve no
 longer  than  until  the last day of December in the year in which he or
 she reaches the age of [seventy-six] EIGHTY. A retired judge or  justice
 shall  be subject to assignment by the appellate division of the supreme
 court of the judicial department of his or her residence.   Any  retired
 justice  of the supreme court who had been designated to and served as a
 justice of any appellate  division  immediately  preceding  his  or  her
 reaching  the  age of [seventy] SEVENTY-SIX shall be eligible for desig-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89098-03-3
 A. 5304                             2
 
 nation by the governor as a  temporary  or  additional  justice  of  the
 appellate  division.  A retired judge or justice shall not be counted in
 determining the number of justices in a judicial district  for  purposes
 of subdivision d of section six of this article.
   §  2.  Resolved (if the Senate concur), That the foregoing be referred
 to the first  regular  legislative  session  convening  after  the  next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.