Senate Bill S3506

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3506
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  MANNION,  MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  an  amendment to section 5 of article 3, section 1 of article
   5, sections 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 15, 19, 20, 21,  22,  23,
   24,  25,  26,  27,  28, 29, 34, 35 and 36-a of article 6, section 1 of
   article 7, sections 5, 7 and 7-a of article 8, section 1 of article 9,
   section 13 of article 13, section 5 of article 14  and  section  4  of
   article  18  of  the constitution, in relation to renaming the supreme
   court the superior court and the court of appeals the supreme court
 
   Section 1. Resolved (if the Assembly concur), That the  closing  para-
 graph  of  section 5 of article 3 of the constitution be amended to read
 as follows:
   An apportionment by the legislature, or other body, shall  be  subject
 to  review  by the [supreme] SUPERIOR court, at the suit of any citizen,
 under such reasonable regulations as the legislature may prescribe;  and
 any  court  before  which a cause may be pending involving an apportion-
 ment,  shall  give  precedence  thereto  over  all  other   causes   and
 proceedings,  and  if  said  court  be  not  in session it shall convene
 promptly for the disposition of the same.   The court shall  render  its
 decision  within  sixty  days after a petition is filed. In any judicial
 proceeding relating to redistricting of congressional or state  legisla-
 tive  districts, any law establishing congressional or state legislative
 districts found to violate the  provisions  of  this  article  shall  be
 invalid  in  whole  or  in  part. In the event that a court finds such a
 violation, the legislature shall have a full and reasonable  opportunity
 to correct the law's legal infirmities.
   § 2. Resolved (if the Assembly concur), That section 1 of article 5 of
 the constitution be amended to read as follows:
   Section 1. The comptroller and attorney-general shall be chosen at the
 same general election as the governor and hold office for the same term,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89069-01-3
 S. 3506                             2
 
 and  shall  possess  the qualifications provided in section 2 of article
 IV. The legislature shall provide for filling vacancies in the office of
 comptroller and of attorney-general. No election of a comptroller or  an
 attorney-general shall be had except at the time of electing a governor.
 The  comptroller  shall  be  required:  (1) to audit all vouchers before
 payment and  all  official  accounts;  (2)  to  audit  the  accrual  and
 collection of all revenues and receipts; and (3) to prescribe such meth-
 ods  of accounting as are necessary for the performance of the foregoing
 duties. The payment of any money of the state, or of any money under its
 control, or the refund of any money paid to the state, except upon audit
 by the comptroller, shall be void, and may be restrained upon  the  suit
 of  any  taxpayer  with  the  consent of the [supreme] SUPERIOR court in
 appellate division on notice to the attorney-general.  In  such  respect
 the  legislature  shall define the powers and duties and may also assign
 to him or her: (1) supervision of the accounts of any political subdivi-
 sion of the state; and (2) powers and duties pertaining to or  connected
 with the assessment and taxation of real estate, including determination
 of ratios which the assessed valuation of taxable real property bears to
 the  full  valuation  thereof, but not including any of those powers and
 duties reserved to officers of a county, city, town or village by virtue
 of sections seven and eight of article nine of  this  constitution.  The
 legislature shall assign to him or her no administrative duties, except-
 ing such as may be incidental to the performance of these functions, any
 other provision of this constitution to the contrary notwithstanding.
   § 3. Resolved (if the Assembly concur), That section 1 of article 6 of
 the constitution be amended to read as follows:
   Section 1. a. There shall be a unified court system for the state. The
 state-wide  courts  shall consist of the SUPREME court [of appeals], the
 [supreme] SUPERIOR court including the appellate divisions thereof,  the
 court  of claims, the county court, the surrogate's court and the family
 court, as hereinafter provided. The legislature shall establish  in  and
 for  the  city  of New York, as part of the unified court system for the
 state, a single, city-wide court of civil  jurisdiction  and  a  single,
 city-wide  court  of criminal jurisdiction, as hereinafter provided, and
 may upon the request of the mayor and the local legislative body of  the
 city  of New York, merge the two courts into one city-wide court of both
 civil and criminal jurisdiction. The unified court system for the  state
 shall  also  include the district, town, city and village courts outside
 the city of New York, as hereinafter provided.
   b. The SUPREME  court  [of  appeals],  the  [supreme]  SUPERIOR  court
 including  the  appellate  divisions  thereof,  the court of claims, the
 county court, the surrogate's court, the family  court,  the  courts  or
 court  of  civil  and criminal jurisdiction of the city of New York, and
 such other courts as the legislature may determine shall  be  courts  of
 record.
   c. All processes, warrants and other mandates of the SUPREME court [of
 appeals], the [supreme] SUPERIOR court including the appellate divisions
 thereof,  the  court  of claims, the county court, the surrogate's court
 and the family court may be served and  executed  in  any  part  of  the
 state. All processes, warrants and other mandates of the courts or court
 of  civil and criminal jurisdiction of the city of New York may, subject
 to such limitation as may be prescribed by the  legislature,  be  served
 and  executed in any part of the state. The legislature may provide that
 processes, warrants and other mandates of  the  district  court  may  be
 served  and  executed  in  any  part  of  the  state and that processes,
 warrants and other mandates of town, village and city courts outside the
 S. 3506                             3
 
 city of New York may be served and executed in any part of the county in
 which such courts are located or in any part of any adjoining county.
   § 4. Resolved (if the Assembly concur), That section 2 of article 6 of
 the constitution be amended to read as follows:
   §  2. a. The SUPREME court [of appeals] is continued. It shall consist
 of the chief judge and the six elected associate judges now  in  office,
 who  shall  hold  their offices until the expiration of their respective
 terms, and their successors, and such justices of the [supreme] SUPERIOR
 court as may be designated for service  in  said  court  as  hereinafter
 provided.  The  official  terms of the chief judge and the six associate
 judges shall be fourteen years.
   Five members of the court shall constitute a quorum, and  the  concur-
 rence  of  four shall be necessary to a decision; but no more than seven
 judges shall sit in any case.  In  case  of  the  temporary  absence  or
 inability  to  act  of  any judge of the SUPREME court [of appeals], the
 court may designate any justice of the [supreme] SUPERIOR court to serve
 as associate judge of the court during such absence or inability to act.
 The court shall have power to appoint  and  to  remove  its  clerk.  The
 powers  and jurisdiction of the court shall not be suspended for want of
 appointment when the number of judges  is  sufficient  to  constitute  a
 quorum.
   b.  Whenever  and  as  often  as  the SUPREME court [of appeals] shall
 certify to the governor that the court is unable, by reason of the accu-
 mulation of causes pending therein, to hear and dispose of the same with
 reasonable speed, the governor shall designate such number  of  justices
 of  the [supreme] SUPERIOR court as may be so certified to be necessary,
 but not more than four, to serve as  associate  judges  of  the  SUPREME
 court  [of appeals]. The justices so designated shall be relieved, while
 so serving, from their duties as  justices  of  the  [supreme]  SUPERIOR
 court,  and  shall  serve  as  associate judges of the SUPREME court [of
 appeals] until the court shall certify that the need for the services of
 any such justices no longer exists, whereupon they shall return  to  the
 [supreme]  SUPERIOR  court.  The  governor may fill vacancies among such
 designated judges. No such justices shall serve as  associate  judge  of
 the  SUPREME  court  [of  appeals]  except  while  holding the office of
 justice of the [supreme] SUPERIOR court. The designation of a justice of
 the [supreme] SUPERIOR court as an associate judge of the SUPREME  court
 [of  appeals]  shall  not be deemed to affect his or her existing office
 any longer than until the expiration of his or her designation  as  such
 associate judge, nor to create a vacancy.
   c.  There shall be a commission on judicial nomination to evaluate the
 qualifications of candidates for appointment to the  SUPREME  court  [of
 appeals]  and  to prepare a written report and recommend to the governor
 those persons who by their character, temperament, professional aptitude
 and experience are well qualified to  hold  such  judicial  office.  The
 legislature  shall  provide by law for the organization and procedure of
 the judicial nominating commission.
   d. (1) The commission on judicial nomination shall consist  of  twelve
 members  of  whom  four  shall be appointed by the governor, four by the
 chief judge of the SUPREME court [of  appeals],  and  one  each  by  the
 speaker  of  the  assembly,  the  temporary president of the senate, the
 minority leader of the senate, and the minority leader of the  assembly.
 Of the four members appointed by the governor, no more than two shall be
 enrolled in the same political party, two shall be members of the bar of
 the  state, and two shall not be members of the bar of the state. Of the
 four members appointed by the chief  judge  of  the  SUPREME  court  [of
 S. 3506                             4

 appeals],  no  more  than  two  shall  be enrolled in the same political
 party, two shall be members of the bar of the state, and two  shall  not
 be  members  of  the bar of the state. No member of the commission shall
 hold  or have held any judicial office or hold any elected public office
 for which he or she receives compensation during his or  her  period  of
 service,  except  that the governor and the chief judge may each appoint
 no more than one former judge or justice of the unified court system  to
 such  commission.  No  member of the commission shall hold any office in
 any political party.  No member of the  judicial  nominating  commission
 shall be eligible for appointment to judicial office in any court of the
 state during the member's period of service or within one year thereaft-
 er.
   (2) The members first appointed by the governor shall have respective-
 ly  one, two, three and four year terms as the governor shall designate.
 The members first appointed by the chief judge of the SUPREME court  [of
 appeals]  shall have respectively one, two, three and four year terms as
 the chief judge shall designate.  The  member  first  appointed  by  the
 temporary president of the senate shall have a one-year term. The member
 first  appointed  by the minority leader of the senate shall have a two-
 year term. The member first appointed by the  speaker  of  the  assembly
 shall  have a four-year term. The member first appointed by the minority
 leader of the assembly shall have a  three-year  term.  Each  subsequent
 appointment shall be for a term of four years.
   (3)  The  commission  shall  designate one of their number to serve as
 chairperson.
   (4) The commission shall consider the qualifications of candidates for
 appointment to the offices of judge and chief judge of the SUPREME court
 [of appeals] and, whenever a vacancy  in  those  offices  occurs,  shall
 prepare  a  written report and recommend to the governor persons who are
 well qualified for those judicial offices.
   e. The governor shall appoint, with the  advice  and  consent  of  the
 senate,  from among those recommended by the judicial nominating commis-
 sion, a person to fill the office of chief judge or associate judge,  as
 the  case  may  be,  whenever  a vacancy occurs in the SUPREME court [of
 appeals]; provided, however, that no person may be appointed a judge  of
 the  SUPREME  court [of appeals] unless such person is a resident of the
 state and has been admitted to the practice of law in this state for  at
 least  ten  years. The governor shall transmit to the senate the written
 report of the commission on judicial nomination relating to the nominee.
   f. When a vacancy occurs in the office of  chief  judge  or  associate
 judge of the SUPREME court [of appeals] and the senate is not in session
 to  give  its  advice and consent to an appointment to fill the vacancy,
 the governor shall fill the vacancy  by  interim  appointment  upon  the
 recommendation  of  a  commission  on judicial nomination as provided in
 this section. An interim appointment shall  continue  until  the  senate
 shall  pass  upon  the  governor's  selection. If the senate confirms an
 appointment, the judge shall serve a term as provided in  subdivision  a
 of  this section commencing from the date of his or her interim appoint-
 ment. If the senate rejects an appointment,  a  vacancy  in  the  office
 shall  occur  sixty days after such rejection. If an interim appointment
 to the SUPREME court [of appeals] be made from among the justices of the
 [supreme] SUPERIOR  court  or  the  appellate  divisions  thereof,  that
 appointment shall not affect the justice's existing office, nor create a
 vacancy in the [supreme] SUPERIOR court, or the appellate division ther-
 eof, unless such appointment is confirmed by the senate and the appoint-
 ee shall assume such office. If an interim appointment of chief judge of
 S. 3506                             5
 
 the  SUPREME court [of appeals] be made from among the associate judges,
 an interim appointment of associate judge shall be made in like  manner;
 in such case, the appointment as chief judge shall not affect the exist-
 ing office of associate judge, unless such appointment as chief judge is
 confirmed by the senate and the appointee shall assume such office.
   g.  The provisions of subdivisions c, d, e and f of this section shall
 not  apply  to  temporary  designations  or  assignments  of  judges  or
 justices.
   § 5. Resolved (if the Assembly concur), That section 3 of article 6 of
 the constitution be amended to read as follows:
   §  3.  a.  The jurisdiction of the SUPREME court [of appeals] shall be
 limited to the review of questions of law except where the  judgment  is
 of  death,  or where the appellate division, on reversing or modifying a
 final or interlocutory judgment in an action or a final or interlocutory
 order in a special proceeding, finds new facts and a final judgment or a
 final order pursuant thereto is entered; but the right to  appeal  shall
 not depend upon the amount involved.
   b.  Appeals  to  the  SUPREME  court  [of appeals] may be taken in the
 classes of cases hereafter enumerated in this section;
   In criminal cases, directly from  a  court  of  original  jurisdiction
 where  the  judgment  is  of  death, and in other criminal cases from an
 appellate division or otherwise as the legislature may from time to time
 provide.
   In civil cases and proceedings as follows:
   (1) As of right, from a judgment or order entered upon the decision of
 an appellate division of the  [supreme]  SUPERIOR  court  which  finally
 determines  an action or special proceeding wherein is directly involved
 the construction of the constitution of  the  state  or  of  the  United
 States,  or  where one or more of the justices of the appellate division
 dissents from the decision of the court, or where the judgment or  order
 is one of reversal or modification.
   (2)  As  of  right,  from  a judgment or order of a court of record of
 original jurisdiction which finally  determines  an  action  or  special
 proceeding where the only question involved on the appeal is the validi-
 ty  of  a statutory provision of the state or of the United States under
 the constitution of the state or of the United States; and on  any  such
 appeal  only  the constitutional question shall be considered and deter-
 mined by the court.
   (3) As of right, from an order of the appellate  division  granting  a
 new  trial  in  an action or a new hearing in a special proceeding where
 the appellant stipulates that, upon  affirmance,  judgment  absolute  or
 final order shall be rendered against him or her.
   (4)  From  a  determination of the appellate division of the [supreme]
 SUPERIOR court in any department, other than a judgment or  order  which
 finally  determines an action or special proceeding, where the appellate
 division allows the same and certifies that one or more questions of law
 have arisen which, in its opinion, ought to be reviewed by  the  SUPREME
 court  [of  appeals],  but  in  such  case the appeal shall bring up for
 review only the question or questions  so  certified;  and  the  SUPREME
 court  [of appeals] shall certify to the appellate division its determi-
 nation upon such question or questions.
   (5) From an order of the appellate division of the [supreme]  SUPERIOR
 court in any department, in a proceeding instituted by or against one or
 more  public  officers  or  a  board, commission or other body of public
 officers or a court or tribunal,  other  than  an  order  which  finally
 determines  such  proceeding, where the SUPREME court [of appeals] shall
 S. 3506                             6
 
 allow the same upon the ground that, in its opinion, a question  of  law
 is  involved which ought to be reviewed by it, and without regard to the
 availability of appeal by stipulation for final order absolute.
   (6) From a judgment or order entered upon the decision of an appellate
 division  of  the  [supreme]  SUPERIOR court which finally determines an
 action or special proceeding but which is not appealable under paragraph
 (1) of this subdivision where the  appellate  division  or  the  SUPREME
 court  [of  appeals] shall certify that in its opinion a question of law
 is involved which  ought  to  be  reviewed  by  the  SUPREME  court  [of
 appeals].  Such  an  appeal  may  be allowed upon application (a) to the
 appellate division, and in case of refusal, to  the  SUPREME  court  [of
 appeals],  or  (b)  directly  to the SUPREME court [of appeals]. Such an
 appeal shall be allowed when required in  the  interest  of  substantial
 justice.
   (7)  No appeal shall be taken to the SUPREME court [of appeals] from a
 judgment or order entered upon the decision of an appellate division  of
 the  [supreme]  SUPERIOR court in any civil case or proceeding where the
 appeal to the appellate division was from a judgment or order entered in
 an appeal from another court, including an appellate or special term  of
 the  [supreme]  SUPERIOR court, unless the construction of the constitu-
 tion of the state or of the United States is directly involved  therein,
 or  unless  the appellate division of the [supreme] SUPERIOR court shall
 certify that in its opinion a question of law is involved which ought to
 be reviewed by the SUPREME court [of appeals].
   (8) The legislature may abolish an appeal to  the  SUPREME  court  [of
 appeals]  as  of  right  in  any or all of the cases or classes of cases
 specified in paragraph (1)  of  this  subdivision  wherein  no  question
 involving  the  construction  of the constitution of the state or of the
 United States is directly involved, provided, however, that  appeals  in
 any such case or class of cases shall thereupon be governed by paragraph
 (6) of this subdivision.
   (9)  The  SUPREME court [of appeals] shall adopt and from time to time
 may amend a rule to permit the court to answer questions of New York law
 certified to it by the Supreme Court of the United States,  a  court  of
 appeals  of  the  United  States or an appellate court of last resort of
 another state, which may be determinative of the cause then  pending  in
 the  certifying  court  and which in the opinion of the certifying court
 are not controlled by precedent in the decisions of the  courts  of  New
 York.
   §  6.  Resolved (if the Assembly concur), That subdivisions b, c, h, j
 and k of section 4 of article 6 of the constitution be amended  to  read
 as follows:
   b. The appellate divisions of the [supreme] SUPERIOR court are contin-
 ued, and shall consist of seven justices of the [supreme] SUPERIOR court
 in  each  of the first and second departments, and five justices in each
 of the other departments.   In each appellate  division,  four  justices
 shall  constitute a quorum, and the concurrence of three shall be neces-
 sary to a decision. No more than five justices shall sit in any case.
   c. The governor shall designate the presiding justice of  each  appel-
 late  division,  who  shall act as such during his or her term of office
 and shall be a resident of the department. The  other  justices  of  the
 appellate  divisions  shall  be designated by the governor, from all the
 justices elected to the [supreme] SUPERIOR  court,  for  terms  of  five
 years  or the unexpired portions of their respective terms of office, if
 less than five years.
 S. 3506                             7
 
   h. A justice of the appellate division of the [supreme] SUPERIOR court
 in any department may be temporarily designated by the presiding justice
 of his or her department to the appellate division in  another  judicial
 department  upon  agreement  by  the presiding justices of the appellate
 division of the departments concerned.
   j.  No  justice of the appellate division shall, within the department
 to which he or she may be designated to perform the duties of an  appel-
 late  justice,  exercise any of the powers of a justice of the [supreme]
 SUPERIOR court, other than those of a justice out of  court,  and  those
 pertaining to the appellate division, except that the justice may decide
 causes  or proceedings theretofore submitted, or hear and decide motions
 submitted by consent of counsel, but any such justice, when not actually
 engaged in performing the  duties  of  such  appellate  justice  in  the
 department  to  which  he or she is designated, may hold any term of the
 [supreme] SUPERIOR court and exercise any of the powers of a justice  of
 the  [supreme]  SUPERIOR  court  in  any  judicial district in any other
 department of the state.
   k. The appellate divisions of the [supreme] SUPERIOR court shall  have
 all  the  jurisdiction  possessed  by them on the effective date of this
 article and such additional jurisdiction as may be  prescribed  by  law,
 provided,  however,  that the right to appeal to the appellate divisions
 from a judgment or order which does not finally determine an  action  or
 special proceeding may be limited or conditioned by law.
   §  7.  Resolved (if the Assembly concur), That subdivisions c, d and e
 of section 6 of article 6 of the constitution  be  amended  to  read  as
 follows:
   c. The justices of the [supreme] SUPERIOR court shall be chosen by the
 electors  of the judicial district in which they are to serve. The terms
 of justices of the [supreme] SUPERIOR court shall be fourteen years from
 and including the first day of January next after their election.
   d. The [supreme] SUPERIOR court is continued. It shall consist of  the
 number  of  justices  of  the  [supreme]  SUPERIOR  court  including the
 justices designated to the appellate divisions of the [supreme] SUPERIOR
 court, judges of the county court  of  the  counties  of  Bronx,  Kings,
 Queens  and  Richmond and judges of the court of general sessions of the
 county of New York authorized by law on the thirty-first day  of  August
 next  after  the  approval  and  ratification  of  this amendment by the
 people, all of whom shall be justices of the  [supreme]  SUPERIOR  court
 for  the  remainder  of  their  terms.  The legislature may increase the
 number of justices of the  [supreme]  SUPERIOR  court  in  any  judicial
 district,  except that the number in any district shall not be increased
 to exceed one justice for fifty thousand, or fraction over thirty  thou-
 sand,  of  the population thereof as shown by the last federal census or
 state enumeration. The legislature may decrease the number  of  justices
 of  the  [supreme]  SUPERIOR court in any judicial district, except that
 the number in any district shall not be less than the number of justices
 of the [supreme] SUPERIOR court authorized by law on the effective  date
 of this article.
   e. The clerks of the several counties shall be clerks of the [supreme]
 SUPERIOR  court,  with  such powers and duties as shall be prescribed by
 law.
   § 8. Resolved (if the Assembly concur), That section 7 of article 6 of
 the constitution be amended to read as follows:
   § 7. a. The [supreme]  SUPERIOR  court  shall  have  general  original
 jurisdiction  in  law  and  equity and the appellate jurisdiction herein
 provided. In the city of New York, it shall have exclusive  jurisdiction
 S. 3506                             8

 over crimes prosecuted by indictment, provided, however, that the legis-
 lature  may grant to the city-wide court of criminal jurisdiction of the
 city of New York jurisdiction over misdemeanors prosecuted by indictment
 and to the family court in the city of New York jurisdiction over crimes
 and  offenses  by or against minors or between spouses or between parent
 and child or between members of the same family or household.
   b. If  the  legislature  shall  create  new  classes  of  actions  and
 proceedings,  the  [supreme] SUPERIOR court shall have jurisdiction over
 such classes of actions and proceedings, but the legislature may provide
 that another court or other courts shall also have jurisdiction and that
 actions and proceedings of such classes may be originated in such  other
 court or courts.
   § 9. Resolved (if the Assembly concur), That section 8 of article 6 of
 the constitution be amended to read as follows:
   § 8. a. The appellate division of the [supreme] SUPERIOR court in each
 judicial  department  may  establish  an  appellate term in and for such
 department or in and for a judicial district or districts or in and  for
 a  county  or  counties  within  such department. Such an appellate term
 shall be composed of not less than three nor more than five justices  of
 the  [supreme]  SUPERIOR court who shall be designated from time to time
 by the chief administrator of  the  courts  with  the  approval  of  the
 presiding  justice  of the appropriate appellate division, and who shall
 be residents of the department or of the judicial district or  districts
 as  the  case  may  be  and  the chief administrator of the courts shall
 designate the place or places where such appellate terms shall be held.
   b. Any such appellate term may be discontinued and  re-established  as
 the  appellate  division of the [supreme] SUPERIOR court in each depart-
 ment shall determine from time to time and any  designation  to  service
 therein may be revoked by the chief administrator of the courts with the
 approval of the presiding justice of the appropriate appellate division.
   c. In each appellate term no more than three justices assigned thereto
 shall  sit  in  any  action  or  proceeding.  Two of such justices shall
 constitute a quorum and the concurrence of two shall be necessary  to  a
 decision.
   d.  If so directed by the appellate division of the [supreme] SUPERIOR
 court establishing an appellate  term,  an  appellate  term  shall  have
 jurisdiction  to  hear and determine appeals now or hereafter authorized
 by law to be taken to the [supreme] SUPERIOR court or to  the  appellate
 division  other than appeals from the [supreme] SUPERIOR court, a surro-
 gate's court, the family court or appeals in criminal  cases  prosecuted
 by  indictment  or  by information as provided in section six of article
 one.
   e. As may be provided by law, an appellate term shall  have  jurisdic-
 tion  to  hear  and determine appeals from the district court or a town,
 village or city court outside the city of New York.
   § 10. Resolved (if the Assembly concur), That section 11 of article  6
 of the constitution be amended to read as follows:
   § 11. a.  The  county court shall have jurisdiction over the following
 classes of actions and proceedings which shall  be  originated  in  such
 county  court  in  the  manner  provided by law, except that actions and
 proceedings within the jurisdiction of the district  court  or  a  town,
 village  or  city court outside the city of New York may, as provided by
 law, be originated therein: actions and proceedings for the recovery  of
 money,  actions and proceedings for the recovery of chattels and actions
 and proceedings for the foreclosure of  mechanics  liens  and  liens  on
 personal  property  where the amount sought to be recovered or the value
 S. 3506                             9
 
 of the property does not exceed twenty-five thousand  dollars  exclusive
 of interest and costs; over all crimes and other violations of law; over
 summary proceedings to recover possession of real property and to remove
 tenants  therefrom;  and  over  such  other actions and proceedings, not
 within the exclusive jurisdiction of the [supreme]  SUPERIOR  court,  as
 may be provided by law.
   b.  The county court shall exercise such equity jurisdiction as may be
 provided by law and its jurisdiction to enter judgment upon  a  counter-
 claim for the recovery of money only shall be unlimited.
   c.  The county court shall have jurisdiction to hear and determine all
 appeals arising in the county in the following actions and  proceedings:
 as  of  right, from a judgment or order of the district court or a town,
 village or city court which finally determines an action  or  proceeding
 and,  as  may  be  provided by law, from a judgment or order of any such
 court which does not finally determine  an  action  or  proceeding.  The
 legislature  may  provide,  in accordance with the provisions of section
 eight of this article, that any or all of such appeals be  taken  to  an
 appellate  term  of  the  [supreme] SUPERIOR court instead of the county
 court.
   d. The provisions of this section shall in no way limit or impair  the
 jurisdiction  of  the  [supreme]  SUPERIOR court as set forth in section
 seven of this article.
   § 11. Resolved (if the Assembly concur), That subdivisions d and f  of
 section  12  of  article  6  of  the  constitution be amended to read as
 follows:
   d. The surrogate's court shall have jurisdiction over all actions  and
 proceedings  relating  to  the  affairs  of decedents, probate of wills,
 administration of estates and actions and proceedings arising thereunder
 or pertaining thereto, guardianship of the property of minors, and  such
 other  actions and proceedings, not within the exclusive jurisdiction of
 the [supreme] SUPERIOR court, as may be provided by law.
   f. The provisions of this section shall in no way limit or impair  the
 jurisdiction  of  the  [supreme]  SUPERIOR court as set forth in section
 seven of this article.
   § 12. Resolved (if the Assembly concur), That subdivisions c and d  of
 section  13  of  article  6  of  the  constitution be amended to read as
 follows:
   c. The family court shall also have jurisdiction  to  determine,  with
 the same powers possessed by the [supreme] SUPERIOR court, the following
 matters  when  referred  to the family court from the [supreme] SUPERIOR
 court: habeas corpus proceedings for the determination of the custody of
 minors; and in actions and proceedings for marital separation,  divorce,
 annulment  of  marriage and dissolution of marriage, applications to fix
 temporary or permanent support and custody, or applications  to  enforce
 judgments and orders of support and of custody, or applications to modi-
 fy  judgments  and orders of support and of custody which may be granted
 only upon the showing to the family court that there has been  a  subse-
 quent change of circumstances and that modification is required.
   d.  The provisions of this section shall in no way limit or impair the
 jurisdiction of the [supreme] SUPERIOR court as  set  forth  in  section
 seven of this article.
   §  13. Resolved (if the Assembly concur), That subdivisions b, c and d
 of section 15 of article 6 of the constitution be  amended  to  read  as
 follows:
   b.  The  court of city-wide civil jurisdiction of the city of New York
 shall have jurisdiction  over  the  following  classes  of  actions  and
 S. 3506                            10
 
 proceedings  which  shall  be  originated  in  such  court in the manner
 provided by law: actions and proceedings  for  the  recovery  of  money,
 actions  and  proceedings  for  the recovery of chattels and actions and
 proceedings for the foreclosure of mechanics liens and liens on personal
 property  where  the  amount  sought to be recovered or the value of the
 property does not exceed fifty thousand dollars  exclusive  of  interest
 and  costs,  or such smaller amount as may be fixed by law; over summary
 proceedings to recover possession of real property and to remove tenants
 therefrom and over such other actions and proceedings,  not  within  the
 exclusive  jurisdiction  of  the  [supreme]  SUPERIOR  court,  as may be
 provided by law. The court of city-wide civil jurisdiction shall further
 exercise such equity jurisdiction as may be  provided  by  law  and  its
 jurisdiction  to  enter judgment upon a counterclaim for the recovery of
 money only shall be unlimited.
   c. The court of city-wide criminal jurisdiction of  the  city  of  New
 York  shall  have  jurisdiction over crimes and other violations of law,
 other than those prosecuted by indictment, provided, however,  that  the
 legislature may grant to said court jurisdiction over misdemeanors pros-
 ecuted  by  indictment; and over such other actions and proceedings, not
 within the exclusive jurisdiction of the [supreme]  SUPERIOR  court,  as
 may be provided by law.
   d.  The provisions of this section shall in no way limit or impair the
 jurisdiction of the [supreme] SUPERIOR court as  set  forth  in  section
 seven of this article.
   §  14. Resolved (if the Assembly concur), That section 19 of article 6
 of the constitution be amended to read as follows:
   § 19. a. The [supreme] SUPERIOR  court  may  transfer  any  action  or
 proceeding,  except  one over which it shall have exclusive jurisdiction
 which does not depend upon the monetary  amount  sought,  to  any  other
 court  having  jurisdiction  of  the  subject matter within the judicial
 department provided that such other  court  has  jurisdiction  over  the
 classes  of  persons  named  as  parties. As may be provided by law, the
 [supreme] SUPERIOR court may transfer to itself any action or proceeding
 originated or pending in another court within  the  judicial  department
 other  than the court of claims upon a finding that such a transfer will
 promote the administration of justice.
   b. The county court shall transfer to the [supreme] SUPERIOR court  or
 surrogate's court or family court any action or proceeding which has not
 been  transferred to it from the [supreme] SUPERIOR court or surrogate's
 court or family court and over which the county court has  no  jurisdic-
 tion.  The  county court may transfer any action or proceeding, except a
 criminal action or proceeding involving a felony prosecuted  by  indict-
 ment  or  an  action  or proceeding required by this article to be dealt
 with in the surrogate's court or family court, to any court, other  than
 the  [supreme] SUPERIOR court, having jurisdiction of the subject matter
 within the county provided that such other court has  jurisdiction  over
 the classes of persons named as parties.
   c.  As  may  be  provided  by law, the [supreme] SUPERIOR court or the
 county court may transfer to the county court any action  or  proceeding
 originated  or  pending in the district court or a town, village or city
 court outside the city of New York upon a finding that such  a  transfer
 will promote the administration of justice.
   d.  The  surrogate's  court  shall  transfer to the [supreme] SUPERIOR
 court or the county court or the family court or the courts for the city
 of New York established pursuant to section fifteen of this article  any
 S. 3506                            11
 
 action  or  proceeding  which has not been transferred to it from any of
 said courts and over which the surrogate's court has no jurisdiction.
   e.  The family court shall transfer to the [supreme] SUPERIOR court or
 the surrogate's court or the county court or the courts for the city  of
 New  York  established  pursuant  to section fifteen of this article any
 action or proceeding which has not been transferred to it  from  any  of
 said courts and over which the family court has no jurisdiction.
   f. The courts for the city of New York established pursuant to section
 fifteen  of  this article shall transfer to the [supreme] SUPERIOR court
 or the surrogate's court or the family court any  action  or  proceeding
 which  has not been transferred to them from any of said courts and over
 which the said courts for the city of New York have no jurisdiction.
   g. As may be provided by  law,  the  [supreme]  SUPERIOR  court  shall
 transfer any action or proceeding to any other court having jurisdiction
 of  the subject matter in any other judicial district or county provided
 that such other court has jurisdiction over the classes of persons named
 as parties.
   h. As may be provided by law, the county court, the surrogate's court,
 the family court and the courts for the city  of  New  York  established
 pursuant  to  section fifteen of this article may transfer any action or
 proceeding, other than one which has previously been transferred to  it,
 to  any  other court, except the [supreme] SUPERIOR court, having juris-
 diction of the subject matter in any other judicial district  or  county
 provided  that  such  other  court  has jurisdiction over the classes of
 persons named as parties.
   i. As may be provided by law, the district court or a town, village or
 city court outside the city of New  York  may  transfer  any  action  or
 proceeding,  other than one which has previously been transferred to it,
 to any court, other than the county court or the  surrogate's  court  or
 the family court or the [supreme] SUPERIOR court, having jurisdiction of
 the subject matter in the same or an adjoining county provided that such
 other  court  has  jurisdiction  over  the  classes  of persons named as
 parties.
   j. Each court shall exercise jurisdiction over any action or  proceed-
 ing transferred to it pursuant to this section.
   k. The legislature may provide that the verdict or judgment in actions
 and proceedings so transferred shall not be subject to the limitation of
 monetary  jurisdiction of the court to which the actions and proceedings
 are transferred if that limitation be lower than that of  the  court  in
 which the actions and proceedings were originated.
   §  15. Resolved (if the Assembly concur), That section 20 of article 6
 of the constitution be amended to read as follows:
   § 20. a. No person, other than one who holds such office at the effec-
 tive date of this article, may assume the office of judge of the SUPREME
 court [of appeals], justice of the [supreme] SUPERIOR court, or judge of
 the court of claims unless he or she has been admitted to  practice  law
 in  this  state  at least ten years. No person, other than one who holds
 such office at the effective date of this article, may assume the office
 of judge of the county court, surrogate's court, family court,  a  court
 for the city of New York established pursuant to section fifteen of this
 article,  district  court  or  city  court  outside the city of New York
 unless he or she has been admitted to practice  law  in  this  state  at
 least  five years or such greater number of years as the legislature may
 determine.
   b. A judge of the SUPREME court [of appeals], justice of the [supreme]
 SUPERIOR court, judge of the court of claims, judge of a  county  court,
 S. 3506                            12
 
 judge  of the surrogate's court, judge of the family court or judge of a
 court for the city of New York established pursuant to  section  fifteen
 of  this article who is elected or appointed after the effective date of
 this article may not:
   (1) hold any other public office or trust except an office in relation
 to  the administration of the courts, member of a constitutional conven-
 tion or member of the armed forces of the United States or of the  state
 of  New York in which latter event the legislature may enact such legis-
 lation as it deems appropriate to  provide  for  a  temporary  judge  or
 justice  to  serve  during  the  period  of the absence of such judge or
 justice in the armed forces;
   (2) be eligible to be a candidate for any  public  office  other  than
 judicial  office  or member of a constitutional convention, unless he or
 she resigns from judicial office; in the event a judge or  justice  does
 not  so  resign  from  judicial  office within ten days after his or her
 acceptance of the nomination of such other office, his or  her  judicial
 office shall become vacant and the vacancy shall be filled in the manner
 provided in this article;
   (3) hold any office or assume the duties or exercise the powers of any
 office  of any political organization or be a member of any governing or
 executive agency thereof;
   (4) engage in the practice of law, act as an  arbitrator,  referee  or
 compensated  mediator in any action or proceeding or matter or engage in
 the conduct of any other profession or business  which  interferes  with
 the performance of his or her judicial duties.
   Judges  and justices of the courts specified in this subdivision shall
 also be subject to such rules of conduct as may be  promulgated  by  the
 chief administrator of the courts with the approval of the SUPREME court
 [of appeals].
   c.  Qualifications  for  and restrictions upon the judges of district,
 town, village or city courts outside the city of New  York,  other  than
 such  qualifications and restrictions specifically set forth in subdivi-
 sion a  of  this  section,  shall  be  prescribed  by  the  legislature,
 provided, however, that the legislature shall require a course of train-
 ing and education to be completed by justices of town and village courts
 selected  after  the  effective  date  of this article who have not been
 admitted to practice law in this state. Judges of such courts shall also
 be subject to such rules of conduct not inconsistent with laws as may be
 promulgated by the chief administrator of the courts with  the  approval
 of the SUPREME court [of appeals].
   § 16. Resolved (if the Assembly concur), That subdivision a of section
 21 of article 6 of the constitution be amended to read as follows:
   a.  When  a vacancy shall occur, otherwise than by expiration of term,
 in the office of justice of the [supreme] SUPERIOR court,  of  judge  of
 the  county  court,  of  judge  of the surrogate's court or judge of the
 family court outside the city of New York, it shall be filled for a full
 term at the next general election held not less than three months  after
 such  vacancy  occurs  and,  until  the  vacancy shall be so filled, the
 governor by and with the advice and consent of the senate, if the senate
 shall be in session, or, if the senate not be in session,  the  governor
 may  fill  such vacancy by an appointment which shall continue until and
 including the last day of December next after the election at which  the
 vacancy shall be filled.
   §  17. Resolved (if the Assembly concur), That section 22 of article 6
 of the constitution be amended to read as follows:
 S. 3506                            13
 
   § 22. a. There shall be a commission on judicial conduct. The  commis-
 sion  on  judicial conduct shall receive, initiate, investigate and hear
 complaints with respect  to  the  conduct,  qualifications,  fitness  to
 perform or performance of official duties of any judge or justice of the
 unified  court system, in the manner provided by law; and, in accordance
 with subdivision d of this  section,  may  determine  that  a  judge  or
 justice  be  admonished,  censured  or  removed  from  office for cause,
 including, but not limited to, misconduct in office, persistent  failure
 to  perform his or her duties, habitual intemperance, and conduct, on or
 off the bench, prejudicial to the administration of justice, or  that  a
 judge or justice be retired for mental or physical disability preventing
 the  proper  performance  of  his or her judicial duties. The commission
 shall transmit [an] ANY such determination to the  chief  judge  of  the
 SUPREME court [of appeals] who shall cause written notice of such deter-
 mination  to  be  given  to the judge or justice involved. Such judge or
 justice may either accept the commission's determination or make written
 request to the chief judge, within thirty days  after  receipt  of  such
 notice,  for  a  review  of  such determination by the SUPREME court [of
 appeals].
   b. (1) The commission on judicial  conduct  shall  consist  of  eleven
 members,  of  whom  four  shall be appointed by the governor, one by the
 temporary president of the senate, one by the  minority  leader  of  the
 senate,  one  by the speaker of the assembly, one by the minority leader
 of the assembly and three by the chief judge of the  SUPREME  court  [of
 appeals]. Of the members appointed by the governor one person shall be a
 member of the bar of the state but not a judge or justice, two shall not
 be  members of the bar, justices or judges or retired justices or judges
 of the unified court system, and one shall be a judge or justice of  the
 unified  court  system.  Of the members appointed by the chief judge one
 person shall be a justice of the appellate  division  of  the  [supreme]
 SUPERIOR  court and two shall be judges or justices of a court or courts
 other than the SUPREME court [of appeals] or appellate  divisions.  None
 of  the  persons  to  be  appointed  by the legislative leaders shall be
 justices or judges or retired justices or judges.
   (2) The persons first appointed by the governor shall have respective-
 ly one, two, three, and four-year terms as the governor shall designate.
 The persons first appointed by the chief judge of the SUPREME court  [of
 appeals]  shall have respectively two, three, and four-year terms as the
 governor shall designate. The person first appointed  by  the  temporary
 president  of  the  senate  shall have a one-year term. The person first
 appointed by the minority leader of the senate  shall  have  a  two-year
 term.  The  person  first appointed by the speaker of the assembly shall
 have a four-year term. The person first appointed by the minority leader
 of the assembly shall have a three-year term. Each member of the commis-
 sion shall be appointed thereafter for a term of four years.  Commission
 membership  of a judge or justice appointed by the governor or the chief
 judge shall terminate if such member ceases to hold the  judicial  posi-
 tion  which  qualified him or her for such appointment. Membership shall
 also terminate if a member attains a position which would have  rendered
 him  or  her  ineligible  for  appointment at the time of appointment. A
 vacancy shall be filled by the appointing officer for the  remainder  of
 the term.
   c.  The  organization  and  procedure  of  the  commission on judicial
 conduct shall be as provided by law. The commission on judicial  conduct
 may  establish  its  own rules and procedures not inconsistent with law.
 Unless the legislature shall provide otherwise, the commission shall  be
 S. 3506                            14
 
 empowered  to  designate  one  of  its  members or any other person as a
 referee to hear and report concerning any matter before the commission.
   d. In reviewing a determination of the commission on judicial conduct,
 the  SUPREME court [of appeals] may admonish, censure, remove or retire,
 for the reasons set forth in subdivision a of this section, any judge of
 the unified court system. In reviewing a determination of the commission
 on judicial conduct, the SUPREME court [of  appeals]  shall  review  the
 commission's  findings  of  fact and conclusions of law on the record of
 the proceedings upon which the commission's determination was based. The
 SUPREME court [of appeals] may impose a less  or  more  severe  sanction
 prescribed by this section than the one determined by the commission, or
 impose no sanction.
   e.  The SUPREME court [of appeals] may suspend a judge or justice from
 exercising the powers of his or her office  while  there  is  pending  a
 determination  by  the  commission  on  judicial  conduct for his or her
 removal or retirement, or while the judge or justice is charged in  this
 state with a felony by an indictment or an information filed pursuant to
 section   six  of  article  one.  The  suspension  shall  continue  upon
 conviction and, if the conviction becomes final, the  judge  or  justice
 shall  be  removed  from office. The suspension shall be terminated upon
 reversal of the conviction and dismissal of the  accusatory  instrument.
 Nothing  in  this  subdivision  shall prevent the commission on judicial
 conduct  from  determining  that  a  judge  or  justice  be  admonished,
 censured, removed, or retired pursuant to subdivision a of this section.
   f. Upon the recommendation of the commission on judicial conduct or on
 its  own  motion,  the SUPREME court [of appeals] may suspend a judge or
 justice from office when he or she is charged with a crime punishable as
 a felony under the laws of this state, or any other crime which involves
 moral turpitude. The suspension shall continue upon conviction  and,  if
 the conviction becomes final, the judge or justice shall be removed from
 office.  The  suspension  shall  be  terminated  upon  reversal  of  the
 conviction and dismissal of the accusatory instrument. Nothing  in  this
 subdivision shall prevent the commission on judicial conduct from deter-
 mining  that  a  judge  or  justice be admonished, censured, removed, or
 retired pursuant to subdivision a of this section.
   g. A judge or justice who is suspended  from  office  by  the  SUPREME
 court  [of appeals] shall receive his or her judicial salary during such
 period of suspension, unless the court directs otherwise. If  the  court
 has  so directed and such suspension is thereafter terminated, the court
 may direct that the judge or justice shall be paid his or her salary for
 such period of suspension.
   h. A judge or justice retired by the SUPREME court [of appeals]  shall
 be considered to have retired voluntarily. A judge or justice removed by
 the  SUPREME  court [of appeals] shall be ineligible to hold other judi-
 cial office.
   i. Notwithstanding any other provision of this section,  the  legisla-
 ture  may  provide by law for review of determinations of the commission
 on judicial conduct with respect to justices of town and village  courts
 by an appellate division of the [supreme] SUPERIOR court. In such event,
 all references in this section to the SUPREME court [of appeals] and the
 chief  judge thereof shall be deemed references to an appellate division
 and the presiding justice thereof, respectively.
   j. If a court on the judiciary shall have  been  convened  before  the
 effective date of this section and the proceeding shall not be concluded
 by that date, the court on the judiciary shall have continuing jurisdic-
 tion  beyond the effective date of this section to conclude the proceed-
 S. 3506                            15
 
 ing. All matters  pending  before  the  former  commission  on  judicial
 conduct  on  the  effective date of this section shall be disposed of in
 such manner as shall be provided by law.
   §  18. Resolved (if the Assembly concur), That subdivisions a and b of
 section 23 of article 6 of  the  constitution  be  amended  to  read  as
 follows:
   a.  Judges  of  the  SUPREME  court  [of  appeals] and justices of the
 [supreme] SUPERIOR court may be removed by concurrent resolution of both
 houses of the legislature, if two-thirds of all the members  elected  to
 each house concur therein.
   b.  Judges  of  the court of claims, the county court, the surrogate's
 court, the family court, the courts for the city of New York established
 pursuant to section fifteen of this article, the district court and such
 other courts as the legislature may determine  may  be  removed  by  the
 senate,  on the recommendation of the governor, if two-thirds of all the
 members elected to the senate concur therein.
   § 19. Resolved (if the Assembly concur), That section 24 of article  6
 of the constitution be amended to read as follows:
   §  24. The assembly shall have the power of impeachment by a vote of a
 majority of all the members elected thereto. The court for the trial  of
 impeachments  shall  be  composed  of  the  president of the senate, the
 senators, or the major part of them, and the judges of the SUPREME court
 [of appeals], or the major part of them. On the trial of an  impeachment
 against the governor or lieutenant-governor, neither the lieutenant-gov-
 ernor nor the temporary president of the senate shall act as a member of
 the  court.  No  judicial officer shall exercise his or her office after
 articles of impeachment against him or her shall have been preferred  to
 the senate, until he or she shall have been acquitted.  Before the trial
 of an impeachment, the members of the court shall take an oath or affir-
 mation  truly  and  impartially  to try the impeachment according to the
 evidence, and no person shall be convicted without  the  concurrence  of
 two-thirds  of  the  members  present.  Judgment in cases of impeachment
 shall not extend further than to removal from office,  or  removal  from
 office  and  disqualification  to  hold  and  enjoy any public office of
 honor, trust, or profit under this state; but the party impeached  shall
 be liable to indictment and punishment according to law.
   §  20. Resolved (if the Assembly concur), That subdivisions a and b of
 section 25 of article 6 of  the  constitution  be  amended  to  read  as
 follows:
   a.  The  compensation  of a judge of the SUPREME court [of appeals], a
 justice of the [supreme] SUPERIOR court, a judge of the court of claims,
 a judge of the county court, a judge of the surrogate's court,  a  judge
 of  the family court, a judge of a court for the city of New York estab-
 lished pursuant to section fifteen of  this  article,  a  judge  of  the
 district  court or of a retired judge or justice shall be established by
 law and shall not be diminished during the term of office for  which  he
 or  she  was elected or appointed. Any judge or justice of a court abol-
 ished by section thirty-five of  this  article,  who  pursuant  to  that
 section  becomes  a judge or justice of a court established or continued
 by this article, shall receive without interruption  or  diminution  for
 the  remainder  of the term for which he or she was elected or appointed
 to the abolished court the compensation he or  she  had  been  receiving
 upon  the  effective  date  of this article together with any additional
 compensation that may be prescribed by law.
   b. Each judge of the  SUPREME  court  [of  appeals],  justice  of  the
 [supreme]  SUPERIOR  court,  judge  of the court of claims, judge of the
 S. 3506                            16
 
 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. Each such former judge of the SUPREME  court
 [of  appeals] and justice of the [supreme] SUPERIOR court may thereafter
 perform the duties of a justice of the [supreme]  SUPERIOR  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 expedite the business
 of  the  court  and  that  he or she is mentally and physically able and
 competent to perform the full duties of such office.  Any  such  certif-
 ication  shall  be  valid for a term of two years and may be extended as
 provided by law for additional terms of two years. 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. A retired judge
 or justice shall be subject to assignment by the appellate  division  of
 the  [supreme]  SUPERIOR  court of the judicial department of his or her
 residence.  Any retired justice of the [supreme] SUPERIOR 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  shall  be
 eligible  for  designation  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.
   § 21. Resolved (if the Assembly concur), That subdivisions a, b, c, d,
 e, f and g of section 26 of article 6 of the constitution be amended  to
 read as follows:
   a. A justice of the [supreme] SUPERIOR court may perform the duties of
 office  or  hold  court in any county and may be temporarily assigned to
 the [supreme] SUPERIOR court in any judicial district or to the court of
 claims. A justice of the [supreme] SUPERIOR court in  the  city  of  New
 York  may be temporarily assigned to the family court in the city of New
 York or to the surrogate's court in any county within the  city  of  New
 York when required to dispose of the business of such court.
   b.  A judge of the court of claims may perform the duties of office or
 hold court in  any  county  and  may  be  temporarily  assigned  to  the
 [supreme] SUPERIOR court in any judicial district.
   c.  A  judge  of  the county court may perform the duties of office or
 hold court in  any  county  and  may  be  temporarily  assigned  to  the
 [supreme]  SUPERIOR court in the judicial department of his or her resi-
 dence or to the county court or the family court in any county or to the
 surrogate's court in any county outside the city of New  York  or  to  a
 court  for  the city of New York established pursuant to section fifteen
 of this article.
   d. A judge of the surrogate's court in any county within the  city  of
 New  York  may  perform the duties of office or hold court in any county
 and may be temporarily assigned to the [supreme] SUPERIOR court  in  the
 judicial department of his or her residence.
   e.  A judge of the surrogate's court in any county outside the city of
 New York may perform the duties of office or hold court  in  any  county
 and  may  be temporarily assigned to the [supreme] SUPERIOR court in the
 judicial department of his or her residence or to the  county  court  or
 the  family  court  in any county or to a court for the city of New York
 established pursuant to section fifteen of this article.
 S. 3506                            17
 
   f. A judge of the family court may perform the  duties  of  office  or
 hold  court  in  any  county  and  may  be  temporarily  assigned to the
 [supreme] SUPERIOR court in the judicial department of his or her  resi-
 dence or to the county court or the family court in any county or to the
 surrogate's  court in any county outside of the city of New York or to a
 court for the city of New York established pursuant to  section  fifteen
 of this article.
   g. A judge of a court for the city of New York established pursuant to
 section fifteen of this article may perform the duties of office or hold
 court  in  any  county  and may be temporarily assigned to the [supreme]
 SUPERIOR court in the judicial department of his or her residence or  to
 the county court or the family court in any county or to the other court
 for the city of New York established pursuant to section fifteen of this
 article.
   §  22. Resolved (if the Assembly concur), That section 27 of article 6
 of the constitution be amended to read as follows:
   § 27. The governor may, when in his or her opinion the public interest
 requires, appoint extraordinary terms of the [supreme]  SUPERIOR  court.
 The  governor shall designate the time and place of holding the term and
 the justice who shall hold the term.  The  governor  may  terminate  the
 assignment  of  the  justice  and may name another justice in his or her
 place to hold the term.
   § 23. Resolved (if the Assembly concur), That subdivisions a and c  of
 section  28  of  article  6  of  the  constitution be amended to read as
 follows:
   a. The chief judge of the SUPREME court  [of  appeals]  shall  be  the
 chief  judge  of  the  state of New York and shall be the chief judicial
 officer of the unified court system. There shall  be  an  administrative
 board  of  the  courts  which  shall  consist  of the chief judge of the
 SUPREME court [of appeals] as chairperson and the presiding  justice  of
 the  appellate division of the [supreme] SUPERIOR court of each judicial
 department. The chief judge shall, with the advice and  consent  of  the
 administrative board of the courts, appoint a chief administrator of the
 courts who shall serve at the pleasure of the chief judge.
   c.  The chief judge, after consultation with the administrative board,
 shall establish standards and administrative policies for general appli-
 cation throughout the state, which shall be submitted by the chief judge
 to the SUPREME court [of appeals], together with the recommendations, if
 any, of the administrative  board.  Such  standards  and  administrative
 policies  shall  be  promulgated after approval by the SUPREME court [of
 appeals].
   § 24. Resolved (if the Assembly concur), That subdivision a of section
 29 of article 6 of the constitution be amended to read as follows:
   a. The legislature shall provide for the allocation  of  the  cost  of
 operating  and maintaining the SUPREME court [of appeals], the appellate
 division of the [supreme] SUPERIOR court in  each  judicial  department,
 the [supreme] SUPERIOR court, the court of claims, the county court, the
 surrogate's court, the family court, the courts for the city of New York
 established pursuant to section fifteen of this article and the district
 court,  among  the  state,  the counties, the city of New York and other
 political subdivisions.
   § 25. Resolved (if the Assembly concur), That subdivisions a and b  of
 section  34  of  article  6  of  the  constitution be amended to read as
 follows:
   a. The SUPREME court [of  appeals],  the  appellate  division  of  the
 [supreme]  SUPERIOR  court,  the  [supreme] SUPERIOR court, the court of
 S. 3506                            18
 
 claims, the county court in counties outside the city of New  York,  the
 surrogate's court and the district court of Nassau county shall hear and
 determine  all  appeals,  actions and proceedings pending therein on the
 effective date of this article except that the appellate division of the
 [supreme] SUPERIOR court in the first and second judicial departments or
 the  appellate term in such departments, if so directed by the appropri-
 ate appellate division of the supreme court, shall  hear  and  determine
 all  appeals  pending  in  the appellate terms of the [supreme] SUPERIOR
 court in the first and second judicial departments and in the  court  of
 special  sessions  of  the  city  of New York and except that the county
 court or an appellate term shall, as may be provided by  law,  hear  and
 determine all appeals pending in the county court or the [supreme] SUPE-
 RIOR  court other than an appellate term. Further appeal from a decision
 of the county court, the appellate term or the appellate division of the
 [supreme] SUPERIOR court, rendered on or after  the  effective  date  of
 this article, shall be governed by the provisions of this article.
   b.  The  justices  of  the  [supreme]  SUPERIOR court in office on the
 effective date of this article shall hold their offices as  justices  of
 the  [supreme]  SUPERIOR  court until the expiration of their respective
 terms.
   § 26. Resolved (if the Assembly concur), That subdivisions b, m and  n
 of  section  35  of  article 6 of the constitution be amended to read as
 follows:
   b. The judges of the county court of the  counties  of  Bronx,  Kings,
 Queens  and  Richmond and the judges of the court of general sessions of
 the county of New York in office on the effective date of  this  article
 shall,  for  the  remainder  of the terms for which they were elected or
 appointed, be justices of the [supreme] SUPERIOR court in  and  for  the
 judicial  district  which  includes  the county in which they resided on
 that date.  The salaries of such justices shall be the same as the sala-
 ries of the other justices of the [supreme] SUPERIOR court  residing  in
 the  same  judicial  district  and shall be paid in the same manner. All
 actions and proceedings pending in the county court of the  counties  of
 Bronx,  Kings,  Queens and Richmond and in the court of general sessions
 of the county of New York on the effective date of this article shall be
 transferred to the [supreme] SUPERIOR court in the county in  which  the
 action  or  proceedings  was pending, or otherwise as may be provided by
 law.
   m. In the event that a judgment or order was entered before the effec-
 tive date of this article and a right of appeal existed  and  notice  of
 appeal therefrom is filed after the effective date of this article, such
 appeal  shall  be  taken  from  the [supreme] SUPERIOR court, the county
 courts, the surrogate's courts, the  children's  courts,  the  court  of
 general  sessions  of  the county of New York and the domestic relations
 court of the city of New York to the appellate division of the [supreme]
 SUPERIOR court in the  judicial  department  in  which  such  court  was
 located;  from  the  court  of  claims  to the appellate division of the
 [supreme] SUPERIOR court in the third judicial  department,  except  for
 those  claims  which  arose  in the fourth judicial department, in which
 case the appeal shall be to the  appellate  division  of  the  [supreme]
 SUPERIOR court in the fourth judicial department; from the city court of
 the  city  of New York, the municipal court of the city of New York, the
 court of special sessions of the city of New York and  the  city  magis-
 trates'  courts of the city of New York to the appellate division of the
 [supreme] SUPERIOR court in the judicial department in which such  court
 was  located,  provided,  however,  that  such appellate division of the
 S. 3506                            19
 
 [supreme] SUPERIOR court may transfer any such appeal  to  an  appellate
 term,  if  such  appellate  term  be  established; and from the district
 court, town, village and city courts outside the city of New York to the
 county  court  in  the county in which such court was located, provided,
 however, that the legislature may  require  the  transfer  of  any  such
 appeal  to  an  appellate  term,  if such appellate term be established.
 Further appeal from a decision of a county court or an appellate term or
 the appellate division of the [supreme] SUPERIOR court shall be governed
 by the provisions of this article. However, if in any action or proceed-
 ing decided prior to the effective date of this article, a party  had  a
 right  of  direct  appeal  from  a court of original jurisdiction to the
 SUPREME court [of appeals], such appeal may be  taken  directly  to  the
 SUPREME court [of appeals].
   n.  In  the event that an appeal was decided before the effective date
 of this article and a further appeal could be  taken  as  of  right  and
 notice  of  appeal  therefrom  is filed after the effective date of this
 article, such appeal may be taken from the  appellate  division  of  the
 [supreme]  SUPERIOR court to the SUPREME court [of appeals] and from any
 other court to the appellate division of the [supreme]  SUPERIOR  court.
 Further  appeal  from  a  decision  of  the  appellate  division  of the
 [supreme] SUPERIOR court shall be governed by  the  provisions  of  this
 article. If a further appeal could not be taken as of right, such appeal
 shall be governed by the provisions of this article.
   §  27. Resolved (if the Assembly concur), That section 36-a of article
 6 of the constitution be amended to read as follows:
   § 36-a. The amendments to the provisions of sections two, four, seven,
 eight, eleven, twenty, twenty-two, twenty-six, twenty-eight, twenty-nine
 and thirty of article six and to the provisions of section one of  arti-
 cle  seven,  as  first proposed by a concurrent resolution passed by the
 legislature in  the  year  nineteen  hundred  seventy-six  and  entitled
 "Concurrent  Resolution  of the Senate and Assembly proposing amendments
 to articles six and seven of the constitution, in relation to the manner
 of selecting judges of the SUPREME court [of  appeals],  creation  of  a
 commission  on  judicial conduct and administration of the unified court
 system, providing for the  effectiveness  of  such  amendments  and  the
 repeal  of subdivision c of section two, subdivision b of section seven,
 subdivision b of section eleven, section twenty-two and section  twenty-
 eight  of  article six thereof relating thereto", shall become a part of
 the constitution on the first day of January next after the approval and
 ratification of the amendments proposed by such concurrent resolution by
 the people but the provisions thereof shall not become operative and the
 repeal of subdivision c of section two, section twenty-two  and  section
 twenty-eight  shall  not  become  effective until the first day of April
 next thereafter which date shall be deemed the effective  date  of  such
 amendments  and  the chief judge and the associate judges of the SUPREME
 court [of appeals] in office on such effective  date  shall  hold  their
 offices  until  the expiration of their respective terms. Upon a vacancy
 in the office of any such judge, such vacancy shall  be  filled  in  the
 manner provided in section two of article six.
   §  28.  Resolved (if the Assembly concur), That section 1 of article 7
 of the constitution be amended to read as follows:
   Section 1. For the preparation of the budget, the head of each depart-
 ment of state government, except the legislature  and  judiciary,  shall
 furnish  the governor such estimates and information in such form and at
 such times as the governor may require, copies of which shall  forthwith
 be  furnished  to  the  appropriate committees of the legislature.   The
 S. 3506                            20
 
 governor shall hold hearings thereon at which the governor  may  require
 the  attendance  of heads of departments and their subordinates.  Desig-
 nated representatives of such committees shall be entitled to attend the
 hearings thereon and to make inquiry concerning any part thereof.
   Itemized  estimates  of the financial needs of the legislature, certi-
 fied by the presiding officer of  each  house,  and  of  the  judiciary,
 approved  by  the  SUPREME court [of appeals] and certified by the chief
 judge of the SUPREME court [of appeals], shall  be  transmitted  to  the
 governor  not  later  than  the  first  day of December in each year for
 inclusion in the budget without revision but with  such  recommendations
 as  the  governor  may deem proper.  Copies of the itemized estimates of
 the financial needs of the judiciary also shall forthwith be transmitted
 to the appropriate committees of the legislature.
   § 29. Resolved (if the Assembly concur), That the fourth  undesignated
 paragraph of subdivision C of section 5 of article 8 of the constitution
 be amended to read as follows:
   Except  as  otherwise provided herein, the legislature shall prescribe
 the method by which and the terms and conditions under which the propor-
 tionate amount of any such indebtedness  to  be  so  excluded  shall  be
 determined  and  no  proportionate  amount of such indebtedness shall be
 excluded except in accordance with such determination.  The  legislature
 may  provide that the state comptroller shall make such determination or
 it may confer appropriate jurisdiction on the appellate division of  the
 [supreme] SUPERIOR court in the judicial departments in which such coun-
 ties, cities, towns or villages are located for the purpose of determin-
 ing the proportionate amount of any such indebtedness to be so excluded.
   § 30. Resolved (if the Assembly concur), That subdivision A of section
 7 of article 8 of the constitution be amended to read as follows:
   A. Indebtedness contracted prior to the first day of January, nineteen
 hundred  ten,  for  dock purposes proportionately to the extent to which
 the current net revenues received by the city therefrom shall  meet  the
 interest  on  and  the  annual requirements for the amortization of such
 indebtedness. The legislature shall prescribe the method  by  which  and
 the terms and conditions under which the amount of any such indebtedness
 to be so excluded shall be determined, and no such indebtedness shall be
 excluded  except  in accordance with such determination. The legislature
 may confer appropriate jurisdiction on the  appellate  division  of  the
 [supreme]  SUPERIOR  court  in  the  first  judicial  department for the
 purpose of determining the amount of any  such  indebtedness  to  be  so
 excluded.
   §  31. Resolved (if the Assembly concur), That the second undesignated
 paragraph of subdivision B of section 7-a of article 8 of the  constitu-
 tion be amended to read as follows:
   In  determining  whether  indebtedness  for  transit  purposes  may be
 excluded under this paragraph of this  section,  there  shall  first  be
 deducted  from  the  current  net revenue received by the city from such
 railroads and facilities and properties used in connection therewith and
 rights therein and securities owned by the city: (a) an amount equal  to
 the  interest  and  amortization  requirements on indebtedness for rapid
 transit purposes heretofore excluded by order of the appellate division,
 which exclusion shall not be terminated by or  under  any  provision  of
 this  section;  (b)  an  amount  equal  to  the interest on indebtedness
 contracted pursuant to this section and of the annual  requirements  for
 amortization  on any sinking fund bonds and for redemption of any serial
 bonds evidencing such indebtedness; (c) an amount equal to  the  sum  of
 all  taxes  and  bridge tolls accruing to the city in the fiscal year of
 S. 3506                            21
 
 the city preceding the acquisition of the  railroads  or  facilities  or
 properties  or  rights  therein or securities acquired by the city here-
 under, from such railroads,  facilities  and  properties;  and  (d)  the
 amount of net operating revenue derived by the city from the independent
 subway  system  during such fiscal year. The legislature shall prescribe
 the method by which and the terms and conditions under which the  amount
 of any indebtedness to be excluded hereunder shall be determined, and no
 indebtedness  shall  be  excluded except in accordance with the determi-
 nation so prescribed. The legislature may confer  appropriate  jurisdic-
 tion  on  the  appellate division of the [supreme] SUPERIOR court in the
 first judicial department for the purpose of determining the  amount  of
 any debt to be so excluded.
   §  32.  Resolved  (if  the  Assembly  concur), That subdivision (d) of
 section 1 of article 9  of  the  constitution  be  amended  to  read  as
 follows:
   (d)  No local government or any part of the territory thereof shall be
 annexed to another until the people, if any, of the  territory  proposed
 to  be annexed shall have consented thereto by majority vote on a refer-
 endum and until the governing board of each local government,  the  area
 of  which  is affected, shall have consented thereto upon the basis of a
 determination that the annexation is in the  over-all  public  interest.
 The  consent  of  the governing board of a county shall be required only
 where a boundary of the county is affected. On  or  before  July  first,
 nineteen  hundred  sixty-four, the legislature shall provide, where such
 consent of a governing board is not granted, for adjudication and deter-
 mination, on the law and the facts, in a  proceeding  initiated  in  the
 [supreme]  SUPERIOR  court, of the issue of whether the annexation is in
 the over-all public interest.
   § 33. Resolved (if the  Assembly  concur),  That  subdivision  (a)  of
 section  13  of  article  13  of  the constitution be amended to read as
 follows:
   (a) Except in counties in the city of New York and except  as  author-
 ized  in  section one of article nine of this constitution, registers in
 counties having registers shall be chosen by the electors of the respec-
 tive counties once in every three years and whenever  the  occurring  of
 vacancies  shall require; the sheriff and the clerk of each county shall
 be chosen by the electors once in every  three  or  four  years  as  the
 legislature shall direct. Sheriffs shall hold no other office.  They may
 be  required  by  law to renew their security, from time to time; and in
 default of giving such new  security,  their  offices  shall  be  deemed
 vacant.  The  governor  may  remove  any elective sheriff, county clerk,
 district attorney or register within the term for which he or she  shall
 have  been  elected; but before so doing the governor shall give to such
 officer a copy of the charges against him or her and an  opportunity  of
 being  heard  in  his or her defense. In each county a district attorney
 shall be chosen by the electors once in every three or four years as the
 legislature shall direct. The clerk of each county in the  city  of  New
 York  shall  be  appointed,  and be subject to removal, by the appellate
 division of the [supreme] SUPERIOR court in the judicial  department  in
 which the county is located. In addition to his or her powers and duties
 as  clerk of the [supreme] SUPERIOR court, he or she shall have power to
 select, draw, summon and empanel grand and petit jurors  in  the  manner
 and  under  the conditions now or hereafter prescribed by law, and shall
 have such other powers and duties as shall be  prescribed  by  the  city
 from time to time by local law.
 S. 3506                            22
 
   §  34. Resolved (if the Assembly concur), That section 5 of article 14
 of the constitution be amended to read as follows:
   §  5.  A  violation  of  any  of the provisions of this article may be
 restrained at the suit of  the  people  or,  with  the  consent  of  the
 [supreme]  SUPERIOR court in appellate division, on notice to the attor-
 ney-general at the suit of any citizen.
   § 35. Resolved (if the Assembly concur), That the opening paragraph of
 section 4 of article 18 of  the  constitution  be  amended  to  read  as
 follows:
   To effectuate any of the purposes of this article, the legislature may
 authorize  any  city,  town  or  village  to contract indebtedness to an
 amount which shall not exceed two per centum  of  the  average  assessed
 valuation  of  the  real estate of such city, town or village subject to
 taxation, as determined by the last completed assessment  roll  and  the
 four preceding assessment rolls of such city, town or village, for city,
 town  or village taxes prior to the contracting of such indebtedness. In
 ascertaining the power of a city, or village having a population of five
 thousand or more as determined by the last federal census,  to  contract
 indebtedness  pursuant  to  this  article there may be excluded any such
 indebtedness if the project or projects aided by guarantees representing
 such indebtedness or by loans for which such indebtedness was contracted
 shall have yielded during the preceding year net revenue  to  be  deter-
 mined  annually by deducting from the gross revenues, including periodic
 subsidies therefor, received from such project or projects, all costs of
 operation, maintenance, repairs and replacements, and  the  interest  on
 such  indebtedness and the amounts required in such year for the payment
 of such indebtedness; provided that  in  the  case  of  guarantees  such
 interest and such amounts shall have been paid, and in the case of loans
 an  amount  equal to such interest and such amounts shall have been paid
 to such city or village. The legislature shall prescribe the  method  by
 which the amount of any such indebtedness to be excluded shall be deter-
 mined,  and  no such indebtedness shall be excluded except in accordance
 with such determination. The legislature may confer  appropriate  juris-
 diction on the appellate division of the [supreme] SUPERIOR court in the
 judicial  departments  in  which such cities or villages are located for
 the purpose of determining the amount of any such indebtedness to be  so
 excluded.
   § 36. Resolved (if the Assembly concur), That the foregoing amendments
 be referred to the first regular legislative session convening after the
 next  succeeding  general  election  of members of the Assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.