Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 103
Judges
Uniform District Court Act (UDC) CHAPTER 565, ARTICLE 1
§ 103. Judges.

(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.