senate Bill S5482

2023-2024 Legislative Session

Relates to the mandatory retirement age of judges and justices

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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.


view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2023 referred to judiciary
delivered to assembly
passed senate
Mar 30, 2023 advanced to third reading
Mar 29, 2023 2nd report cal.
Mar 28, 2023 1st report cal.577
Apr 04, 2023 opinion referred to judiciary
Mar 10, 2023 to attorney-general for opinion
Mar 06, 2023 referred to judiciary

S5482 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §25, Constn

S5482 (ACTIVE) - Summary

Provides a mandatory retirement age of 76 for judges and justices.

S5482 (ACTIVE) - Sponsor Memo

S5482 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        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
 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
   Section 1. Resolved (if the Assembly concur), That  subdivision  b  of
 section  25  of  article  6  of  the  constitution be amended to read as
   b. Each judge of the court of appeals, justice of the  supreme  court,
 judge  of  the  court of claims, judge of the 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] SEVENTY-SIX.
 Each  [such]  former  judge  of  the court of appeals and justice of the
 supreme court may thereafter perform the duties  of  a  justice  of  the
 supreme 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 expe-
 dite the business of the court and that he or she is mentally and  phys-
 ically able and competent to perform the full duties of such office. Any
 such  certification  shall  be  valid for a term of two years and may be
 extended as provided by law for AN additional TERM OR terms of two years
 IN THE MANNER PROVIDED BY LAW. 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] EIGHTY. A retired judge or justice
 shall be subject to assignment by the appellate division of the  supreme
 court  of  the judicial department of his or her residence.  Any retired
 justice of the supreme 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] SEVENTY-SIX shall be eligible  for  desig-
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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 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.