1. The Laws of New York
  2. Court Acts
  3. Uniform District Court
  4. Article 1: Organization

Section 103 Judges

Uniform District Court Act (UDC)

  (a) In each judicial district there shall be elected such number of judges as may be provided by law.

  (b) The judges of the court shall be elected for a term of six years from and including the first day of January following such election.

  (c) No person, other than one who holds such office when this act is made applicable in the court, may serve in the office of judge of the court unless he or she is a resident elector of the district from which he or she has been elected and has been admitted to practice law in this state for at least five years as of the date he or she commences the duties of office.

  (d) A judge of the court may not:

  1. hold any other public office or trust except member of a constitutional convention or member of the armed forces of the United States or of the state of New York in which latter event the legislature may enact such legislation as it deems appropriate to provide for a temporary judge or justice to serve during the period of the absence of such judge or justice in the armed forces;

  2. be eligible to be a candidate for any public office other than judicial office or member of a constitutional convention, unless he resigns his judicial office; in the event that a judge or justice does not so resign his judicial office within ten days after his acceptance of the nomination of such other office, his judicial office shall become vacant and the vacancy shall be filled in the manner provided by law;

  3. hold any office or assume the duties or exercise the powers of any office of any political organization or be a member of any governing or executive agency thereof;

  4. engage in the practice of law, act as an arbitrator, referee or compensated mediator in any action or proceeding or matter or engage in the conduct of any other profession or business which interferes with the performance of his judicial duties.

  (e) The appellate division of the supreme court may remove a judge of the district court for cause or retire him for disability after due notice and hearing, under such procedures as may be established by law.

  (f) A vacancy in the office of judge, occurring otherwise than by expiration of term, shall be filled for a full term of six years at the next general election held not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the supervisors elected in the towns and cities comprising the county district court system, or if the county has a county executive, said county executive subject to confirmation by the supervisors elected in the towns and cities comprising the county district court system, may fill such vacancy by an appointment which shall continue until and including the last day of December next after the general election at which the vacancy shall be filled. In such case the person appointed must be a resident in the district from which such office is required by this act to be filled by election.