Senate Bill S5483

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5483
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to the age limitation  of
   terms of judicial office
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 23 of the judiciary law, as added by chapter 649 of
 the laws of 1945, is amended to read as follows:
   § 23. Age limitation on term of judicial office. No person shall  hold
 the  office  of  judge,  justice  or  surrogate of any court, whether of
 record or not of record, except a justice of the  peace  of  a  town  or
 police  justice  of  a village, longer than until and including the last
 day of December next after he OR  SHE  shall  be  [seventy]  SEVENTY-SIX
 years  of  age[,  except that a judge or justice in office or elected or
 appointed to office at the effective date of this section, as to whom no
 provision limiting his right to hold office to the  close  of  the  year
 following his attaining the age of seventy years was applicable prior to
 the  effective  date  of this section, may continue in office during the
 term for which he was elected or appointed].
   § 2. Subdivision 2 of section 114 of the judiciary law,  as  added  by
 chapter 704 of the laws of 1962, is amended to read as follows:
   2.  Any  such  certification  shall  be  valid for a term of two years
 beginning on the date of filing the certificate. At  the  expiration  of
 such  term, the retired judge may be certified for AN additional [terms]
 TERM of two years [each] by the administrative board  upon  findings  of
 continued mental and physical capacity and need for his OR HER services.
 No  retired judge may serve under any such certification beyond the last
 day of December in the year in which  he  OR  SHE  reaches  the  age  of
 [seventy-six] EIGHTY.
   §  3.  Subdivision  2 of section 115 of the judiciary law, as added by
 chapter 704 of the laws of 1962, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09391-03-3
              

 S. 5483                             2
 
   2. Any such certification shall be valid  for  a  term  of  two  years
 beginning  on  the  date of filing the certificate. At the expiration of
 such term the retired justice may be certified for AN additional [terms]
 TERM of two years [each] by the administrative board  upon  findings  of
 continued mental and physical capacity and need for his OR HER services.
 No  retired  justice  may  serve under any such certification beyond the
 last day of December in the year in which he OR SHE reaches the  age  of
 [seventy-six] EIGHTY.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY  proposing
 an  amendment  to  section  25    of  article  6 of the constitution, in
 relation to service  by  retired  justices   and  requiring  judges  and
 justices to retire at age 76" takes effect, in accordance with section 1
 of article 19 of the constitution.