Senate Bill S7455

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7455
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2025
                                ___________
 
 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] SUCH JUDGE OR JUSTICE 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  deter-
 mine  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 expedite the business of the court and
 that  [he  or she] SUCH JUDGE OR JUSTICE is mentally and physically 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]  THEY REACH 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] THEIR resi-
 dence.  Any retired justice of the supreme court who had been designated
 to and served as a justice of any appellate division immediately preced-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89083-01-5
 S. 7455                             2
 
 ing [his or her] reaching the age  of  [seventy]  SEVENTY-SIX  shall  be
 eligible  for  designation  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.