Senate Bill S139B

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2023-S139 - 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:
S9433

2023-S139 - 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 arraignment volume 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 arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-S139 - Sponsor Memo

2023-S139 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    139
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2023-S139A - 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:
S9433

2023-S139A - 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 arraignment volume 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 arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-S139A - Sponsor Memo

2023-S139A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  139--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-02-3
              

2023-S139B - 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:
S9433

2023-S139B - 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 arraignment volume 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 arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-S139B - Sponsor Memo

2023-S139B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  139--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-04-3
              

co-Sponsors

2023-S139C (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:
S9433

2023-S139C (ACTIVE) - 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 arraignment volume 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 arraignment volume shall be made by the office of court administration in consultation with the division of criminal justice services.

2023-S139C (ACTIVE) - Sponsor Memo

2023-S139C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  139--C
     Cal. No. 713
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   -- reported favorably from said committee, ordered to first and second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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 ARRAIGNMENT  VOLUME  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 SUBDI-
 VISION,  "TOWN OR VILLAGE WITH A HIGH ARRAIGNMENT VOLUME" SHALL MEAN THE
 ONE HUNDRED HIGHEST ARRAIGNMENT VOLUMES IN TOWN AND  VILLAGE  COURTS  IN
 THE STATE AS DETERMINED BY THE OFFICE OF COURT ADMINISTRATION IN CONSUL-
 TATION  WITH  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES. THE INITIAL
 DETERMINATION SHALL BE BASED ON THE SUM OF ARRAIGNMENTS FROM  TWO  THOU-
 SAND  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.