Assembly Bill A6748

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6748
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, SHIMSKY, WALLACE, MAGNARELLI -- read
   once and referred to the Committee on Judiciary
 
 AN ACT to amend the uniform justice court act, in relation to  requiring
   town and village justices be admitted to the practice of law
 
   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, as amended by
 chapter 250 of the laws of 1975, subdivision (c) as amended  by  chapter
 843  of  the laws of 1980 and subdivision (d) as added by chapter 739 of
 the laws of 1976, is amended to read as follows:
 § 105. [Training] QUALIFICATION, TRAINING  and  education  of  justices;
 expenses thereof; requirements; restriction.
   [(a) Training.] 1. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (B) AND
 (C) OF THIS SUBDIVISION, ANY PERSON SERVING AS A TOWN OR VILLAGE JUSTICE
 FOR  A  TERM OF OFFICE COMMENCING ON OR AFTER SEPTEMBER FIRST, TWO THOU-
 SAND TWENTY-FOUR MUST BE ADMITTED TO PRACTICE LAW IN THIS STATE AND MUST
 RESIDE IN THE MUNICIPALITY IN WHICH THE POSITION IS LOCATED.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SECTION,
 ANY  PERSON  NOT  ADMITTED  TO  THE PRACTICE OF LAW IN THIS STATE WHO IS
 SERVING AS A TOWN OR VILLAGE JUSTICE ON SEPTEMBER  FIRST,  TWO  THOUSAND
 TWENTY-FOUR  SHALL  BE ELIGIBLE TO CONTINUE SERVING IN SUCH POSITION AND
 MAY SERVE THE REMAINDER OF HIS OR HER TERM AND RUN FOR ADDITIONAL  TERMS
 OF OFFICE.
   (C) THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY MAY SUBMIT AN APPLI-
 CATION  FOR  A  WAIVER  OF  THE  REQUIREMENTS OF THIS SUBDIVISION TO THE
 OFFICE OF COURT ADMINISTRATION IN SUCH FORM AS DETERMINED BY THE  OFFICE
 OF COURT ADMINISTRATION. IN THE DISCRETION OF THE OFFICE OF COURT ADMIN-
 ISTRATION,  A  WAIVER MAY BE GRANTED UPON AN ADEQUATE SHOWING THAT THERE
 ARE AN INSUFFICIENT NUMBER OF ATTORNEYS RESIDING WITHIN THE MUNICIPALITY
 TO PROVIDE A CANDIDATE OR CANDIDATES MEETING THE REQUIREMENTS  OF  PARA-
 GRAPH  (A)  OF THIS SUBDIVISION.   IN SUCH CASE, A WAIVER MAY BE GRANTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10813-01-3
              

 A. 6748                             2
 
 ALLOWING A PERSON NOT ADMITTED TO PRACTICE LAW IN THIS STATE TO RUN  FOR
 THE  OFFICE  OF JUSTICE AND/OR TO ALLOW AN ATTORNEY RESIDING OUTSIDE THE
 MUNICIPALITY, BUT WITHIN A REASONABLE GEOGRAPHICAL DISTANCE OF THE MUNI-
 CIPALITY,  TO RUN FOR AND SERVE AS A JUSTICE IN THAT MUNICIPALITY.
   2. No town or village justice selected for a term of office commencing
 on  or  after  September first, nineteen hundred sixty-seven, except one
 who has been admitted to practice law in this state,  shall  assume  the
 functions  of his office unless he has filed with the clerk of his muni-
 cipality a certificate of completion of a course of education and train-
 ing prescribed by the administrative board. The administrative board may
 issue a temporary certificate enabling a  town  or  village  justice  to
 assume  the  functions  of his office pending completion of the earliest
 such course available thereafter. Such certificates shall be in a  form,
 and  subject  to  terms and conditions, prescribed by the administrative
 board.
   [(b) Expenses.] 3. Notwithstanding any other law, actual and necessary
 expenses incurred by a justice or justice  elect  in  carrying  out  the
 foregoing requirement shall be a charge against the municipality.
   [(c)]  4.  No  town  or  village justice selected for a term of office
 commencing on or after July first, nineteen  [hunded]  HUNDRED  seventy-
 five, shall engage in or accept any employment as a "peace officer" or a
 "police  officer",  as those terms are defined in the criminal procedure
 law.
   [(d)] 5. No town justice selected for a term of office  commencing  on
 or  after  July  first, nineteen hundred seventy-seven, shall serve as a
 member of a town board in a town of the second class.
   § 2. The office of court administration shall  establish  a  procedure
 for the submission and processing of applications requesting a waiver of
 the  provisions  of paragraph (a) of subdivision 1 of section 105 of the
 uniform justice court act. The office of court administration shall make
 applications for such waiver available on its website.
   § 3. This act shall take effect immediately.