Assembly Bill A3877

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3877
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  BICHOTTE HERMELYN, REYES, TAYLOR,
   SIMON, GIGLIO,  BLANKENBUSH,  FALL,  SEAWRIGHT,  RAJKUMAR,  ROSENTHAL,
   TANNOUSIS, ROZIC, JONES, RIVERA, DAVILA, JACKSON, BURDICK, BRAUNSTEIN,
   MORINELLO -- read once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend  the  judiciary  law, in relation to making technical
   changes to provisions providing for certification  for  service  as  a
   retired  judge  of  the  court  of appeals or a retired justice of the
   supreme court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 114 of the judiciary law, as added by chapter 704
 of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws
 of 1981, is amended to read as follows:
   § 114. Retired judges of the court of appeals.   1. Any judge  of  the
 court  of  appeals, retired pursuant to subdivision b of section twenty-
 five of article six of the constitution, [may] SHALL, upon  [his]  THEIR
 application,  be  certified by the administrative board for service as a
 justice of the supreme court upon findings (a) that  [he]  SUCH  RETIRED
 JUDGE has the mental and physical capacity to perform the duties of such
 office and (b) that [his] SUCH RETIRED JUDGE'S services are necessary to
 expedite  the  business of the supreme court. A copy of such certificate
 shall be filed with the appellate division of the  department  in  which
 such retired judge resides and in the office of court administration.
   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] SHALL be certified for additional
 terms 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07286-01-5
              

 A. 3877                             2
 
   3.  A  retired  judge  so certified shall for all purposes, other than
 determining the number of  justices  in  a  judicial  district  for  the
 purposes of subdivision d of section six of article six of the constitu-
 tion  and  section  one  hundred  forty-a of this chapter, but including
 powers,  duties,  salary, status and rights, be a justice of the supreme
 court in the district in which [he] SUCH RETIRED JUDGE resides  when  so
 certified.  A retired judge shall be subject to assignment by the appel-
 late division of the supreme court of the judicial department  of  [his]
 THEIR residence.
   4.  The provisions of this section shall also be applicable to a judge
 who has not yet reached the age of seventy-six and who reached  the  age
 of  seventy  and retired as a judge of the court of appeals prior to the
 effective date of this section.
   § 2. Section 115 of the judiciary law, as added by chapter 704 of  the
 laws  of  1962,  subdivision  1 as amended by chapter 751 of the laws of
 1981, is amended to read as follows:
   § 115. Retired justices of the supreme court.  1. Any justice  of  the
 supreme  court, retired pursuant to subdivision b of section twenty-five
 of article six of the constitution, [may] SHALL, upon [his] THEIR appli-
 cation, be certified by  the  administrative  board  for  service  as  a
 retired  justice  of  the supreme court upon findings (a) that [he] SUCH
 RETIRED JUSTICE has the mental and  physical  capacity  to  perform  the
 duties of such office and (b) that [his] THEIR services are necessary to
 expedite  the  business of the supreme court. A copy of such certificate
 shall be filed with the appellate division of the  department  in  which
 such retired justice resides and in the office of court administration.
   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] SHALL be certified for additional
 terms of two years each by the administrative  board  upon  findings  of
 continued  mental  and physical capacity and need for [his] SUCH RETIRED
 JUSTICE'S services. No retired justice may serve under any such  certif-
 ication  beyond  the last day of December in the year in which [he] SUCH
 RETIRED JUSTICE reaches the age of seventy-six.
   3. A retired justice so certified shall for all purposes,  other  than
 determining  the  number  of  justices  in  a  judicial district for the
 purposes of subdivision d of section six of article six of the constitu-
 tion and section one hundred forty-a  of  this  chapter,  but  including
 powers,  duties,  salary, status and rights, be a justice of the supreme
 court in the district in which [he] SUCH RETIRED JUSTICE resides when so
 certified. A retired justice shall  be  subject  to  assignment  by  the
 appellate  division  of  the supreme court of the judicial department of
 [his] THEIR residence.
   4. The provisions of this  section  shall  also  be  applicable  to  a
 justice  of  the  supreme court, a judge of the county court of a county
 within the city of New York,  and  a  judge  of  the  court  of  general
 sessions  of  the  county of New York who has not yet reached the age of
 seventy-six and who reached the age  of  seventy  and  retired  as  such
 justice or judge prior to the effective date of this section.
   § 3. This act shall take effect immediately.