NY State Senate Bill S6061

Current Bill Status - Signed by Governor

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

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2023	signed chap.123 delivered to governor
Mar 31, 2023	returned to senate passed assembly ordered to third reading rules cal.116 substituted for a5983
Mar 30, 2023	referred to judiciary delivered to assembly passed senate
Mar 28, 2023	ordered to third reading cal.572
Mar 27, 2023	referred to rules

Votes

Co-Sponsors

S6061 (ACTIVE) - Details

See Assembly Version of this Bill:: A5983
Law Section:: Judiciary Law
Laws Affected:: Amd §68, Judy L

S6061 (ACTIVE) - Summary

Provides for appointments to the office of associate judge of the court of appeals where the vacancy is caused by governor's appointment, upon advice and consent of the senate, for chief judge of the court of appeals.

S6061 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6061

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to appointments to the
office of associate judge of the court of appeals

 
PURPOSE:

This legislation would amend the Judiciary Law to remove unnecessary
delays and streamline the judicial appointment process when the Governor
is required to fill a vacancy for Chief Judge and then subsequently fill
a vacancy for the sitting Associate Judge who was nominated for the role
of Chief Judge.

 
SUMMARY OF PROVISIONS:

Adds a new subdivision 2-a to Judiciary Law § 68 to provide that where a
vacancy for Associate Judge of the Court of Appeals is created by the
nomination of an Associate Judge to the position of Chief Judge, the
Governor may make an appointment for the vacancy from among the Commis-

sion on Judicial Nomination's recommendations for the preceding Chief
Judge vacancy.

 
EXISTING LAW:

The current Judiciary Law § 68 provides for procedures where vacancies
occur in the offices of the Chief Judge and Associate Judge of the Court
of Appeals whether by expiration of term or other than by expiration of
term; and when the Senate is in session or not in session.

 
JUSTIFICATION:

The current Judiciary Law § 68 does not take into consideration a nomi-
nation for Chief Judge that causes an immediate additional vacancy on
the Court of Appeals. This change would allow the Governor to nominate
an Associate Judge from among the Commission of Judicial Nomination's
recommendations for Chief Judge, where the appointment of a sitting
Associate Judge creates such a vacancy. Amending this law will prevent
the Court of Appeals from unnecessarily operating for an extended period
of time without a full bench, which results in split decisions and
delays in the important work of the court. The Governor would retain the
ability to notify the Commission of a vacancy to generate a new list if
the Governor does not wish to fill the vacancy from the recommendations
for Chief Judge. Permitting the Governor to make an additional selection
from the already approved list of qualified, recommended candidates for
Chief Judge expedites the lengthy process currently required and
promotes judicial efficiency.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
BUDGET IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The legislation would be effective immediately.

S6061 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6061
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced by Sen. HOYLMAN-SIGAL -- (at request of the Governor) -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Rules
 
 AN ACT to amend the judiciary law, in relation to  appointments  to  the
   office of associate judge of the court of appeals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 68 of the judiciary law is amended by adding a  new
 subdivision 2-a to read as follows:
   2-A.  WHENEVER  THE GOVERNOR'S APPOINTMENT, UPON ADVICE AND CONSENT OF
 THE SENATE, FOR CHIEF JUDGE OF THE COURT OF APPEALS, CAUSES A VACANCY IN
 THE OFFICE OF ASSOCIATE JUDGE OF THE COURT OF APPEALS, THE GOVERNOR  MAY
 MAKE  AN  APPOINTMENT  FOR  THE  ASSOCIATE  JUDGE VACANCY FROM AMONG THE
 COMMISSION'S RECOMMENDATIONS FOR  THE  PRECEDING  CHIEF  JUDGE  VACANCY,
 PROVIDED  THAT THE ASSOCIATE JUDGE VACANCY OCCURS WITHIN SIXTY DAYS FROM
 THE PROMULGATION OF RECOMMENDATIONS BY THE COMMISSION FOR THE  PRECEDING
 CHIEF  JUDGE VACANCY. THE GOVERNOR MAY MAKE SUCH APPOINTMENT IMMEDIATELY
 UPON THE OCCURRENCE OF THE ASSOCIATE JUDGE VACANCY. IF THE GOVERNOR DOES
 NOT APPOINT A NOMINEE FROM AMONG THOSE  RECOMMENDED  FOR  THE  PRECEDING
 CHIEF JUDGE VACANCY WITHIN FIFTEEN DAYS OF THE OCCURRENCE OF THE ASSOCI-
 ATE  JUDGE  VACANCY,  OR UPON NOTICE FROM THE GOVERNOR, WHICHEVER OCCURS
 SOONER, THE CLERK OF THE COURT OF APPEALS SHALL NOTIFY THE COMMISSION OF
 THE VACANCY.  NOTWITHSTANDING ANY OTHER LIMITATIONS OF TIME  ESTABLISHED
 BY  THIS  SECTION,  THE COMMISSION SHALL MAKE ITS RECOMMENDATIONS TO THE
 GOVERNOR NO LATER THAN ONE HUNDRED TWENTY DAYS  AFTER  RECEIPT  OF  SUCH
 NOTICE,  AND  THE  GOVERNOR SHALL MAKE HIS OR HER APPOINTMENT FROM AMONG
 THOSE PERSONS RECOMMENDED TO HIM OR HER BY THE COMMISSION NO SOONER THAN
 FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER  RECEIPT  OF  THE  COMMIS-
 SION'S RECOMMENDATIONS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12004-01-3

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The New York State Senate

senate Bill S6061

Sponsored By

Current Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 30, 2023 - floor Vote

Floor Vote: Mar 30, 2023

Mar 28, 2023 - Rules committee Vote

Rules Committee Vote: Mar 28, 2023

Co-Sponsors

S6061 (ACTIVE) - Details

S6061 (ACTIVE) - Summary

S6061 (ACTIVE) - Sponsor Memo

S6061 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6061

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 30, 2023 - floor Vote

Floor Vote: Mar 30, 2023

Mar 28, 2023 - Rules committee Vote

Rules Committee Vote: Mar 28, 2023

Co-Sponsors

Luis R. Sepúlveda

S6061 (ACTIVE) - Details

S6061 (ACTIVE) - Summary

S6061 (ACTIVE) - Sponsor Memo

S6061 (ACTIVE) - Bill Text download pdf

Comments