Assembly Bill A3756

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3756
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee 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] THEY 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]  THEIR
 services. No retired judge may serve under any such certification beyond
 the  last  day  of December in the year in which [he] SUCH RETIRED JUDGE
 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.
                                                            LBD07731-01-5
              

 A. 3756                             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]  THEIR
 services. No retired justice may  serve  under  any  such  certification
 beyond  the  last day of December in the year in which [he] SUCH JUSTICE
 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.