NY State Senate Bill S5482

Current Bill Status - Passed Senate

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

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Actions

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

Votes

S5482 (ACTIVE) - Details

See Assembly Version of this Bill:: A5304
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

 
BILL NUMBER: S5482REVISED 3/27/23

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To increase the maximum age judges and justices may serve subject to
passage of a constitutional amendment in relation to service by retired
justices and requiring judges and justices to retire at age 76

 
SUMMARY OF PROVISIONS:

Section one of the bill amends § 23 of the judiciary law to increase the
age limitation on the term of judicial officials from age seventy to
seventy-six.

Section two of the bill amends subdivision 2 of § 114 of the judiciary
law to raise the maximum age a judge of the court of appeals retired
pursuant to subdivision b of section twenty-five of article six of the
constitution may be certified to serve as a justice of the supreme court
from the last day of December in the year in which he or she reaches the
age of seventy-six to the last day of December in the year in which he
or she reaches the age of eighty.

Section three of the bill amends subdivision 2 of § 115 of the judiciary
law to raise the maximum age a justice of the supreme court retired
pursuant to subdivision b of section twenty-five of article six of the
constitution may be certified to serve as a retired justice of the
supreme court from the last day of December in the year in which he or
she reaches the age of seventy-six to the last day of December in the
year in which he or she reaches the age of eighty.

Section four of the bill provides the effective date.

 
JUSTIFICATION:

Under the New York State Constitution, Judges of the Court of Appeals,
Justices of the Supreme Court, Judges of the Court of Claims, Judges of
the County Court, Judges of the Surrogate's Court, Judges of the Family
Court, and Judges of a Court for the City of New York are required to
retire no later than the end of the year that they turn seventy. Howev-
er, the law permits Judges of the Court of Appeals and Justices of the
Supreme Court to apply to be certified by the Administrative Board of
the Courts to continue to serve, assuming they are determined to have
the mental and physical capacity to perform the duties of the job and
that their services are necessary to expedite the business of the court.

This legislation is contingent upon the passage of a corresponding
constitutional amendment which would raise the age in which these judges
and justices must retire from the last day of December in the year in
which they reach the age of seventy to the last day of December in the
year in which they reach the age of seventy-six. Additionally, it would
update the age Judges of the Court of Appeals and Justices of the
Supreme Court may serve through the certification process. If the amend-
ment is adopted, then the law must be adjusted accordingly to properly
reflect the changes.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The same date and 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.

S5482 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5482
 
                        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
 
             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
 
   Section 1. Resolved (if the Assembly concur), That  subdivision  b  of
 section  25  of  article  6  of  the  constitution be amended to read as
 follows:
   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.

                                                            LBD89098-03-3
 S. 5482                             2
 
 nation  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.
   § 2. Resolved (if the Assembly concur), That the foregoing be referred
 to  the  first  regular  legislative  session  convening  after the next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.

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The New York State Senate

senate Bill S5482

Sponsored By

Current Bill Status - Passed Senate

Your Voice

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Votes

Jun 7, 2023 - floor Vote

Floor Vote: Jun 7, 2023

Mar 28, 2023 - Judiciary committee Vote

Judiciary Committee Vote: Mar 28, 2023

S5482 (ACTIVE) - Details

S5482 (ACTIVE) - Summary

S5482 (ACTIVE) - Sponsor Memo

S5482 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5482

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 7, 2023 - floor Vote

Floor Vote: Jun 7, 2023

Mar 28, 2023 - Judiciary committee Vote

Judiciary Committee Vote: Mar 28, 2023

S5482 (ACTIVE) - Details

S5482 (ACTIVE) - Summary

S5482 (ACTIVE) - Sponsor Memo

S5482 (ACTIVE) - Bill Text download pdf

Comments