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Senate Bill S3172

2025-2026 Legislative Session

Relates to removing mandatory retirement age for certain judges and justices

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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S3172 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §23, Judy L
Versions Introduced in Other Legislative Sessions:
2021-2022: S9231
2023-2024: S1785

2025-S3172 (ACTIVE) - Summary

Removes mandatory requirement age for certain judges and justices not otherwise required to retire by the state constitution.

2025-S3172 (ACTIVE) - Sponsor Memo

2025-S3172 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3172
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to age limitation on term
   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 OF THE COURT OF APPEALS, 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,] 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 ARTICLE VI
 OF THE STATE CONSTITUTION OR JUDGE OF THE  DISTRICT  COURT  longer  than
 until  and  including  the last day of December next after [he shall be]
 TURNING seventy 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  appli-
 cable  prior  to  the  effective  date  of this section, may continue in
 office during the term for which he was elected or appointed].
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06605-01-5

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