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Assembly Bill A8285

2023-2024 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2023-A8285 (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 2025-2026 Legislative Session:
A7189

2023-A8285 (ACTIVE) - Summary

Requires town and village justices be admitted to practice law in New York state for at least five years as of the date they commence the duties of office.

2023-A8285 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8285
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- 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 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 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.   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 FOR THE
 REMAINDER OF THEIR TERM.
   § 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 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.   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 FOR THE REMAINDER OF THEIR TERM.
   § 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 UNLESS THEY ARE AN ATTORNEY ADMIT-
 TED TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS AS OF THE DATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13567-01-3

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