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Senate Bill S9601

2023-2024 Legislative Session

Relates to recusal by a court of appeals judge

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2023-S9601 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §9, Judy L
Versions Introduced in 2025-2026 Legislative Session:
S714

2023-S9601 (ACTIVE) - Summary

Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.

2023-S9601 (ACTIVE) - Sponsor Memo

2023-S9601 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9601
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sens. RHOADS, PALUMBO -- 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 recusal by a court  of
   appeals judge
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 9 of the judiciary law, as added by chapter 376  of
 the laws of 2020, is amended to read as follows:
   §  9.  Recusal;  reason.  1.  Any judge, OTHER THAN A COURT OF APPEALS
 JUDGE, who recuses [himself or herself] THEMSELVES from  sitting  in  or
 taking  any  part in the decision of an action, claim, matter, motion or
 proceeding shall provide the reason for such recusal in  writing  or  on
 the  record;  provided, however, that no SUCH judge shall be required to
 provide a reason for such recusal when the reason may result  in  embar-
 rassment,  or  is  of a personal nature, affecting the judge or a person
 related to the judge within the sixth degree by consanguinity or  affin-
 ity.
   2.  WHEN ANY COURT OF APPEALS JUDGE RECUSES THEMSELVES FROM SITTING IN
 OR TAKING ANY PART IN THE DECISION, ACTION,  CLAIM,  MATTER,  MOTION  OR
 PROCEEDING,  A REPLACEMENT SHALL BE CHOSEN ON A ROTATING BASIS, BASED ON
 SENIORITY, OF THE NEXT AVAILABLE APPELLATE DIVISION JUDGE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15458-01-4

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