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This entry was published on 2014-09-22
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SECTION 25
Compensation and retirement of certain judges and justices
Constitution (CNS) CHAPTER , ARTICLE VI
§ 25. a. The compensation of a judge of the court of appeals, a
justice of the supreme court, a judge of the court of claims, a judge of
the county court, a judge of the surrogate's court, a judge of the
family court, a judge of a court for the city of New York established
pursuant to section fifteen of this article, a judge of the district
court or of a retired judge or justice shall be established by law and
shall not be diminished during the term of office for which he or she
was elected or appointed. Any judge or justice of a court abolished by
section thirty-five of this article, who pursuant to that section
becomes a judge or justice of a court established or continued by this
article, shall receive without interruption or diminution for the
remainder of the term for which he or she was elected or appointed to
the abolished court the compensation he or she had been receiving upon
the effective date of this article together with any additional
compensation that may be prescribed by law.

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 reaches the age of seventy. 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 determine 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 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 additional terms of two years. 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 the age of seventy-six. 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 residence.
Any retired justice of the supreme court who had been designated to and
served as a justice of any appellate division immediately preceding his
or her reaching the age of seventy 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.

c. The provisions of this section shall also be applicable to any
judge or justice who has not reached the age of seventy-six and to whom
it would otherwise have been applicable but for the fact that he or she
reached the age of seventy and retired before the effective date of this
article.