S T A T E   O F   N E W   Y O R K
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                                  5703

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced  by M. of A. BRENNAN, GOTTFRIED, LAVINE, PAULIN, N. RIVERA --
  Multi-Sponsored by -- M. of A.  LUPARDO,  SWEENEY  --  read  once  and
  referred to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  amendments  to  article 6 of the constitution, in relation to
  the manner of selecting judges  and  justices  of  the  unified  court
  system, and to repeal section 21 of article 6 thereof relating thereto

  Section  1.  Resolved  (if  the  Senate concur), That subdivision c of
section 4 of article 6  of  the  constitution  be  amended  to  read  as
follows:
  c.  The  governor shall designate the presiding justice of each appel-
late division, who shall act as such during his or her  term  of  office
and  shall  be  a  resident of the department. The other justices of the
appellate divisions shall be designated by the governor,  from  all  the
justices  [elected to] OF the supreme court, OTHER THAN THOSE SERVING BY
INTERIM APPOINTMENT PURSUANT TO SECTION TWENTY-ONE OF THIS  ARTICLE  for
terms  of five years or the unexpired portions of their respective terms
of office, if less than five years.
  S 2. Resolved (if the Senate concur), That subdivisions  b  and  c  of
section  6  of  article  6  of  the  constitution  be amended to read as
follows:
  b. Once every ten years the legislature may increase or  decrease  the
number  of  judicial  districts  or  alter  the  composition of judicial
districts and thereupon  re-apportion  the  justices  to  be  thereafter
[elected]  SELECTED  in the judicial districts so altered. Each judicial
district shall be bounded by county lines.
  c. [The justices of the supreme court shall be chosen by the  electors
of  the  judicial  district  in  which  they are to serve.] The terms of
justices of the supreme court shall be fourteen years [from and  includ-
ing the first day of January next after their election].
  S  3.  Resolved (if the Senate concur), That section 9 of article 6 of
the constitution be amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89107-01-1

A. 5703                             2

  S 9. The court of claims is continued. It shall consist of  the  eight
judges  now  authorized  by  law,  but the legislature may increase such
number and may reduce such number to six or  seven.  The  TERMS  OF  THE
judges  shall  be  [appointed by the governor by and with the advice and
consent  of  the  senate and their terms of office shall be] nine years.
The court shall have jurisdiction to hear and determine  claims  against
the  state  or  by the state against the claimant or between conflicting
claimants as the legislature may provide.
  S 4. Resolved (if the Senate concur), That subdivisions  a  and  b  of
section  10  of  article  6  of  the  constitution be amended to read as
follows:
  a. The county court is continued in each county outside  the  city  of
New  York. There shall be at least one judge of the county court in each
county and such number of additional judges in each  county  as  may  be
provided  by law. The judges shall be residents of the county [and shall
be chosen by the electors of the county].
  b. The terms of the judges of the county  court  shall  be  ten  years
[from and including the first day of January next after their election].
  S  5.  Resolved  (if  the Senate concur), That subdivisions b and c of
section 12 of article 6 of  the  constitution  be  amended  to  read  as
follows:
  b. The judges of the surrogate's court shall be residents of the coun-
ty [and shall be chosen by the electors of the county].
  c. The terms of the judges of the surrogate's court in the city of New
York shall be fourteen years, and in other counties ten years[, from and
including the first day of January next after their election].
  S 6. Resolved (if the Senate concur), That subdivision a of section 13
of article 6 of the constitution be amended to read as follows:
  a. The family court of the state of New York is hereby established. It
shall  consist  of at least one judge in each county outside the city of
New York and such number of additional judges for such counties  as  may
be provided by law. Within the city of New York it shall consist of such
number  of  judges  as  may be provided by law. The judges of the family
court within the city of New York shall be residents of  such  city  and
[shall  be  appointed  by the mayor of the city of New York for terms of
ten years. The] THE judges of the family court outside the city  of  New
York[,]  shall  be  [chosen by the electors of the counties wherein they
reside for] RESIDENTS OF THE COUNTY. THE terms of JUDGES OF  THE  FAMILY
COURT SHALL BE ten years.
  S 7. Resolved (if the Senate concur), That subdivision a of section 15
of article 6 of the constitution be amended to read as follows:
  a.  The legislature shall by law establish a single court of city-wide
civil jurisdiction and a single court of city-wide criminal jurisdiction
in and for the city of New  York  and  the  legislature  may,  upon  the
request  of  the mayor and the local legislative body of the city of New
York, merge the two courts into one city-wide court of  both  civil  and
criminal  jurisdiction.  The said city-wide courts shall consist of such
number of judges as may be provided by law. The judges of the  court  of
city-wide  civil  jurisdiction  AND  OF  THE COURT OF CITY-WIDE CRIMINAL
JURISDICTION shall be residents of such city [and shall be  chosen  for]
AND THEIR terms [of] SHALL BE ten years [by the electors of the counties
included within the city of New York from districts within such counties
established by law. The judges of the court of city-wide criminal juris-
diction shall be residents of such city and shall be appointed for terms
of ten years by the mayor of the city of New York].

A. 5703                             3

  S 8. Resolved (if the Senate concur), That subdivision h of section 16
of article 6 of the constitution be amended to read as follows:
  h.  The judges shall be residents of the district and [shall be chosen
by the electors of the district. Their] THEIR terms shall be  six  years
[from and including the first day of January next after their election].
  S  9.  Resolved  (if the Senate concur), That the opening paragraph of
subdivision b of section 20 of article 6 of the constitution be  amended
to read as follows:
  A  judge  of the court of appeals, justice of the supreme court, judge
of the court of claims, judge of a county court,  judge  of  the  surro-
gate's court, judge of the family court or judge of a court for the city
of New York established pursuant to section fifteen of this article [who
is  elected  or  appointed after the effective date of this article] may
not:
  S 10. Resolved (if the Senate concur), That section 21 of article 6 of
the constitution be REPEALED and a new section 21 be added  to  read  as
follows:
  S  21.  A.  THERE  SHALL  BE A JUDICIAL NOMINATING COMMISSION FOR EACH
JUDICIAL DISTRICT OUTSIDE THE CITY OF NEW YORK TO EVALUATE THE  QUALIFI-
CATIONS OF CANDIDATES FOR APPOINTMENT IN SUCH DISTRICT TO THE OFFICES OF
JUDGE  OR  JUSTICE  OF  THE  SUPREME COURT, THE COUNTY COURT, THE FAMILY
COURT, THE SURROGATE'S COURT, AND, IN EACH DISTRICT IN  WHICH  THE  DIS-
TRICT COURT HAS BEEN ESTABLISHED, THE DISTRICT COURT. THERE SHALL BE ONE
CITY-WIDE  JUDICIAL NOMINATING COMMISSION TO EVALUATE THE QUALIFICATIONS
OF CANDIDATES FOR APPOINTMENT IN THE CITY OF NEW YORK TO THE OFFICES  OF
JUDGE OR JUSTICE OF THE SUPREME COURT, THE FAMILY COURT, THE SURROGATE'S
COURT,  AND THE CITY-WIDE COURT OR COURTS FOR SUCH CITY ESTABLISHED PUR-
SUANT TO SECTION FIFTEEN OF THIS ARTICLE. THERE SHALL BE  ONE  STATEWIDE
JUDICIAL  NOMINATING COMMISSION TO EVALUATE THE QUALIFICATIONS OF CANDI-
DATES FOR APPOINTMENT TO THE OFFICE OF JUDGE OF THE COURT OF CLAIMS, AND
FOR DESIGNATION TO THE OFFICES OF PRESIDING JUSTICE AND JUSTICE  OF  THE
APPELLATE DIVISION.
  B. (1) EACH SUCH COMMISSION SHALL CONSIST OF THIRTEEN AT-LARGE MEMBERS
OF  WHOM  FOUR  SHALL  BE  APPOINTED BY THE GOVERNOR, THREE BY THE CHIEF
JUDGE OF THE COURT OF APPEALS, ONE EACH BY THE  TEMPORARY  PRESIDENT  OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SEN-
ATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND ONE BY THE PRESIDENT OF
THE  NEW  YORK  STATE  BAR  ASSOCIATION.  THE CHIEF ADMINISTRATOR OF THE
COURTS SHALL BE A MEMBER OF THE STATEWIDE  JUDICIAL  NOMINATING  COMMIS-
SION.  EACH  COMMISSION,  OTHER  THAN  A  STATEWIDE  JUDICIAL NOMINATING
COMMISSION, ALSO SHALL INCLUDE ONE AT-LARGE MEMBER APPOINTED BY THE PRE-
SIDING JUSTICE OF THE APPELLATE DIVISION OF THE DEPARTMENT IN WHICH  THE
DISTRICT  IS  LOCATED  AND  TWO REGIONAL MEMBERS FROM EACH COUNTY IN THE
DISTRICT APPOINTED BY THE CHIEF ELECTED OFFICIAL OF THE  COUNTY,  EXCEPT
THAT  THERE SHALL BE FOUR REGIONAL MEMBERS APPOINTED FROM EACH COUNTY IN
THE CITY OF NEW YORK, TWO OF  WHOM  SHALL  BE  APPOINTED  BY  THE  CHIEF
ELECTED  OFFICIAL  OF  SUCH COUNTY AND TWO OF WHOM SHALL BE APPOINTED BY
THE MAYOR OF SUCH CITY. REGIONAL  MEMBERS  SHALL  SERVE  ONLY  WHEN  THE
VACANT  OFFICE  IS  TO  BE FILLED BY A RESIDENT OF THEIR COUNTY.  TO THE
EXTENT PRACTICABLE, THE MEMBERS OF EACH COMMISSION SHALL REFLECT  DIVER-
SITY  OF  RACE,  GENDER,  SEXUAL  ORIENTATION, ETHNICITY, GEOGRAPHY AND,
AMONG THOSE WHO ARE ALSO MEMBERS OF THE BAR, VARIOUS PRACTICE AREAS  AND
SIZE OF PRACTICE.
  (2)  OF THE FOUR MEMBERS OF EACH COMMISSION APPOINTED BY THE GOVERNOR,
NOT MORE THAN TWO SHALL BE ENROLLED IN THE SAME POLITICAL PARTY  AND  AT
LEAST  TWO  SHALL  NOT  BE MEMBERS OF THE BAR OF THE STATE. OF THE THREE

A. 5703                             4

MEMBERS APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS,  NOT  MORE
THAN  TWO SHALL BE MEMBERS OF THE BAR OF THE STATE. THE MEMBER APPOINTED
BY THE PRESIDING JUSTICE OF THE APPELLATE DIVISION SHALL BE A MEMBER  OF
THE  BAR OF THE STATE. THE TWO REGIONAL MEMBERS FROM EACH COUNTY OUTSIDE
THE CITY OF NEW YORK SHALL NOT BE ENROLLED IN THE SAME  POLITICAL  PARTY
AND  ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE. THE TWO REGIONAL
MEMBERS FROM EACH COUNTY IN THE CITY OF NEW YORK APPOINTED BY THE  CHIEF
ELECTED  OFFICIAL  OF EACH SUCH COUNTY SHALL NOT BE ENROLLED IN THE SAME
POLITICAL PARTY AND ONE SHALL NOT BE A MEMBER OF THE BAR OF  THE  STATE,
AND  THE  TWO  REGIONAL MEMBERS FROM EACH COUNTY IN THE CITY OF NEW YORK
APPOINTED BY THE MAYOR OF SUCH CITY SHALL NOT BE ENROLLED  IN  THE  SAME
POLITICAL  PARTY  AND ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE.
EXCEPT FOR THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS,  NO  AT-LARGE  OR
REGIONAL  MEMBER  OF ANY COMMISSION SHALL HOLD OR HAVE HELD ANY JUDICIAL
OFFICE OR HOLD ANY ELECTED PUBLIC OFFICE FOR WHICH HE  OR  SHE  RECEIVES
COMPENSATION DURING HIS OR HER PERIOD OF SERVICE, EXCEPT THAT THE GOVER-
NOR  AND  CHIEF  JUDGE MAY EACH APPOINT NO MORE THAN ONE FORMER JUDGE OR
JUSTICE OF THE UNIFIED COURT SYSTEM TO EACH COMMISSION. NO  AT-LARGE  OR
REGIONAL  MEMBER  OF  ANY  COMMISSION SHALL HOLD OFFICE IN ANY POLITICAL
PARTY, AND, EXCEPT FOR THE CHIEF ADMINISTRATOR OF THE COURTS, NO  MEMBER
SHALL BE ELIGIBLE FOR APPOINTMENT TO JUDICIAL OFFICE IN ANY COURT OF THE
STATE DURING THE MEMBER'S PERIOD OF SERVICE OR WITHIN ONE YEAR THEREAFT-
ER.
  (3)  THE  MEMBERS  OF  EACH COMMISSION FIRST APPOINTED BY THE GOVERNOR
SHALL HAVE, RESPECTIVELY, ONE, TWO, THREE AND FOUR YEAR TERMS AS  HE  OR
SHE  SHALL  DESIGNATE. THE MEMBERS FIRST APPOINTED BY THE CHIEF JUDGE OF
THE COURT OF APPEALS SHALL HAVE, RESPECTIVELY, TWO, THREE AND FOUR  YEAR
TERMS  AS  HE  OR SHE SHALL DESIGNATE. THE MEMBER FIRST APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE SHALL HAVE A FOUR YEAR TERM. THE  MEM-
BER  FIRST  APPOINTED  BY THE SPEAKER OF THE ASSEMBLY SHALL HAVE A THREE
YEAR TERM. THE MEMBER FIRST APPOINTED BY THE MINORITY LEADER OF THE SEN-
ATE SHALL HAVE A TWO YEAR TERM. THE MEMBER FIRST APPOINTED BY THE MINOR-
ITY LEADER OF THE ASSEMBLY SHALL HAVE A ONE YEAR TERM. THE MEMBERS FIRST
APPOINTED BY THE PRESIDING JUSTICE OF THE  APPELLATE  DIVISION  AND  THE
PRESIDENT  OF  THE  NEW  YORK STATE BAR ASSOCIATION SHALL HAVE FOUR YEAR
TERMS. THE REGIONAL MEMBERS FIRST APPOINTED FROM EACH COUNTY OUTSIDE THE
CITY OF NEW YORK SHALL HAVE, RESPECTIVELY, TWO AND FOUR  YEAR  TERMS  AS
THE PERSON APPOINTING THEM SHALL DESIGNATE. THE TWO REGIONAL MEMBERS AP-
POINTED  FROM  EACH  COUNTY  WITHIN  THE  CITY  OF NEW YORK BY THE CHIEF
ELECTED OFFICIAL OF EACH COUNTY SHALL HAVE, RESPECTIVELY, ONE AND  THREE
YEAR  TERMS  AS  THE  PERSON APPOINTING THEM SHALL DESIGNATE AND THE TWO
REGIONAL MEMBERS APPOINTED FROM EACH COUNTY WITHIN THE CITY OF NEW  YORK
BY  THE  MAYOR  OF SUCH CITY SHALL HAVE, RESPECTIVELY, TWO AND FOUR YEAR
TERMS AS THE MAYOR SHALL DESIGNATE. EACH SUBSEQUENT APPOINTMENT SHALL BE
FOR A TERM OF FOUR YEARS.
  (4) THE GOVERNOR SHALL DESIGNATE A  CHAIRPERSON  FOR  EACH  COMMISSION
FROM AMONG ITS AT-LARGE MEMBERS.
  (5)  EACH  AT-LARGE  MEMBER OF EACH COMMISSION SHALL BE A RESIDENT OF,
HAVE AN OFFICE IN OR WORK IN THE JUDICIAL DISTRICT IN WHICH HE OR SHE IS
TO SERVE, EXCEPT THAT EACH AT-LARGE MEMBER OF THE  CITY-WIDE  COMMISSION
FOR  THE  CITY  OF NEW YORK SHALL BE A RESIDENT OF, HAVE AN OFFICE IN OR
WORK IN SUCH CITY AND EACH AT-LARGE MEMBER OF THE  STATEWIDE  COMMISSION
SHALL BE A RESIDENT OF THE STATE.
  C. (1) THE STATEWIDE JUDICIAL NOMINATING COMMISSION SHALL CONSIDER THE
QUALIFICATIONS  OF ALL CANDIDATES FOR APPOINTMENT TO THE OFFICE OF JUDGE
OF THE COURT OF CLAIMS, AND FOR DESIGNATION TO THE OFFICES OF  PRESIDING

A. 5703                             5

JUSTICE  AND JUSTICE OF THE APPELLATE DIVISION; AND EACH SUCH OTHER DIS-
TRICT COMMISSION SHALL CONSIDER THE QUALIFICATIONS OF CANDIDATES FOR AP-
POINTMENT OUTSIDE THE CITY OF NEW  YORK  TO  THE  OFFICES  OF  JUDGE  OR
JUSTICE  OF  THE  SUPREME COURT, THE COUNTY COURT, THE FAMILY COURT, THE
SURROGATE'S COURT, AND, IN EACH DISTRICT IN WHICH THE DISTRICT COURT HAS
BEEN ESTABLISHED, THE DISTRICT COURT. THE CITY-WIDE COMMISSION  FOR  THE
CITY  OF  NEW YORK SHALL CONSIDER CANDIDATES FOR APPOINTMENT WITHIN SUCH
CITY TO THE OFFICES OF JUDGE OR JUSTICE OF THE SUPREME COURT, THE FAMILY
COURT, THE SURROGATE'S COURT, AND THE CITY-WIDE COURT OR COURTS FOR SUCH
CITY ESTABLISHED PURSUANT TO SECTION FIFTEEN OF THIS  ARTICLE.  WHENEVER
ONE  OR MORE VACANCIES IN SUCH OFFICES OCCUR, THE APPROPRIATE COMMISSION
SHALL PREPARE A WRITTEN REPORT AND RECOMMEND TO THE APPROPRIATE APPOINT-
ING AUTHORITY PERSONS WHO BY THEIR CHARACTER, TEMPERAMENT,  PROFESSIONAL
APTITUDE AND EXPERIENCE ARE WELL-QUALIFIED FOR THAT JUDICIAL OFFICE.  TO
THE  EXTENT  PRACTICABLE,  THE NOMINEES SHALL REFLECT DIVERSITY OF RACE,
GENDER,  SEXUAL  ORIENTATION,  ETHNICITY,  AND  GEOGRAPHY,  TAKING  INTO
CONSIDERATION  THE  COURT  TO  WHICH  THEY  ARE  BEING NOMINATED AND THE
MEMBERS WITH WHOM THEY MIGHT BE SERVING.
  (2) THE LEGISLATURE SHALL PRESCRIBE BY LAW THE ORGANIZATION AND PROCE-
DURE OF EACH COMMISSION, PROVIDED, HOWEVER,  THAT  WHERE  THERE  IS  ONE
VACANCY TO BE FILLED, AT LEAST THREE PERSONS AND NOT MORE THAN FIVE PER-
SONS SHALL BE RECOMMENDED AS PROVIDED HEREIN; WHERE THERE ARE TWO VACAN-
CIES  IN  THE  SAME  JUDICIAL OFFICE, AT LEAST FIVE PERSONS AND NOT MORE
THAN EIGHT PERSONS SHALL BE RECOMMENDED; AND, WHERE THERE ARE  THREE  OR
MORE VACANCIES IN THE SAME JUDICIAL OFFICE, THE NUMBER OF PERSONS RECOM-
MENDED  BY  THE  APPROPRIATE  COMMISSION SHALL BE AT LEAST TWO TIMES THE
NUMBER OF VACANCIES AND NOT MORE THAN THREE TIMES THE NUMBER  OF  VACAN-
CIES.  NOTWITHSTANDING  THE  FOREGOING,  WHERE A COMMISSION IS UNABLE TO
RECOMMEND AS WELL-QUALIFIED FOR A JUDICIAL OFFICE SUCH  NUMBER  OF  PER-
SONS  AS  IS PRESCRIBED HEREIN, IT SHALL RECOMMEND SUCH LESSER NUMBER OF
PERSONS WHO ARE WELL-QUALIFIED THEREFOR.  TO THE EXTENT PRACTICABLE, THE
NOMINEES SHALL REFLECT DIVERSITY OF RACE,  GENDER,  SEXUAL  ORIENTATION,
ETHNICITY,  AND  GEOGRAPHY, TAKING INTO CONSIDERATION THE COURT TO WHICH
THEY ARE BEING NOMINATED AND THE MEMBERS WITH WHOM THEY MIGHT  BE  SERV-
ING.
  D.  (1)  FROM AMONG THOSE RECOMMENDED BY THE APPROPRIATE COMMISSION AS
PROVIDED IN PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION, THE GOVERNOR
SHALL APPOINT A PERSON TO FILL A VACANCY IN THE OFFICE OF JUSTICE OF THE
SUPREME COURT AND THE OFFICE OF JUDGE OF THE COURT  OF  CLAIMS,  BY  AND
WITH  THE  ADVICE  AND  CONSENT OF THE SENATE, AND DESIGNATE A PERSON AS
PRESIDING JUSTICE OR JUSTICE OF THE  APPELLATE  DIVISION;  THE  GOVERNOR
SHALL, UPON THE NOMINATION OF THE MAYOR OF THE CITY OF NEW YORK, APPOINT
A  PERSON  TO  FILL A VACANCY IN THE OFFICE WITHIN SUCH CITY OF JUDGE OF
THE FAMILY COURT, THE SURROGATE'S COURT,  AND  THE  CITY-WIDE  COURT  OR
COURTS FOR SUCH CITY ESTABLISHED PURSUANT TO SECTION FIFTEEN OF THIS AR-
TICLE,  BY AND WITH THE ADVICE AND CONSENT OF THE SENATE; AND THE GOVER-
NOR SHALL, UPON THE NOMINATION OF THE CHIEF ELECTED OFFICIAL OF A COUNTY
OUTSIDE THE CITY OF NEW YORK IN WHICH A VACANCY OCCURS IN THE OFFICE  OF
JUDGE  OF  THE COUNTY COURT, THE FAMILY COURT, THE SURROGATE'S COURT, OR
THE DISTRICT COURT, APPOINT A PERSON TO FILL SUCH OFFICE,  BY  AND  WITH
THE ADVICE AND CONSENT OF THE SENATE.
  (2)  IN THE CASE OF EACH APPOINTMENT THAT IS SUBJECT TO THE ADVICE AND
CONSENT OF THE SENATE, THE GOVERNOR SHALL TRANSMIT  TO  THE  SENATE  THE
WRITTEN REPORT OF THE APPROPRIATE COMMISSION RELATING TO THE APPOINTEE.
  E. WHEN A VACANCY OCCURS IN A JUDICIAL OFFICE WHERE APPOINTMENT THERE-
TO  IS SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE AND THE SENATE IS

A. 5703                             6

NOT IN SESSION TO GIVE ITS ADVICE AND CONSENT TO AN APPOINTMENT TO  FILL
THE  VACANCY, THE GOVERNOR SHALL FILL THE VACANCY BY INTERIM APPOINTMENT
AS PROVIDED IN SUBDIVISION D OF THIS  SECTION.  AN  INTERIM  APPOINTMENT
SHALL  CONTINUE  UNTIL THE SENATE SHALL PASS UPON THE SELECTION.  IF THE
SENATE CONFIRMS AN APPOINTMENT, THE JUSTICE OR  JUDGE  SHALL  SERVE  THE
FULL  TERM PROVIDED FOR HIS OR HER OFFICE UNDER THIS ARTICLE, COMMENCING
FROM THE DATE OF SUCH INTERIM APPOINTMENT.  IF  THE  SENATE  REJECTS  AN
APPOINTMENT,  A  VACANCY IN THE OFFICE SHALL OCCUR SIXTY DAYS AFTER SUCH
REJECTION.
  S 11. Resolved (if the Senate concur), That subdivision a  of  section
25 of article 6 of the constitution be amended to read as follows:
  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] HIS OR HER 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 compen-
sation that may be prescribed by law].
  S 12. Resolved (if the Senate concur), That article 6 of the constitu-
tion be amended by adding a new section 36-d to read as follows:
  S 36-D. A. THE AMENDMENTS TO SECTIONS FOUR, SIX,  NINE,  TEN,  TWELVE,
THIRTEEN,  FIFTEEN, SIXTEEN, TWENTY AND TWENTY-FIVE OF THIS ARTICLE, THE
REPEAL OF SECTION TWENTY-ONE, AND THE INSERTION OF A NEW  SECTION  TWEN-
TY-ONE  AND  THIS  SECTION, AS FIRST PROPOSED BY A CONCURRENT RESOLUTION
PASSED BY THE  LEGISLATURE  IN  THE  YEAR  TWO  THOUSAND  TEN,  ENTITLED
"CONCURRENT  RESOLUTION  OF THE SENATE AND ASSEMBLY PROPOSING AMENDMENTS
TO ARTICLE 6 OF THE CONSTITUTION, IN RELATION TO THE MANNER OF SELECTING
JUDGES AND JUSTICES OF THE UNIFIED COURT SYSTEM, AND TO  REPEAL  SECTION
21  OF  ARTICLE  6  THEREOF RELATING THERETO" SHALL BECOME A PART OF THE
CONSTITUTION ON THE FIRST DAY OF JANUARY NEXT  AFTER  THE  APPROVAL  AND
RATIFICATION  OF THE AMENDMENT PROPOSED BY SUCH CONCURRENT RESOLUTION BY
THE PEOPLE, BUT THE PROVISIONS THEREOF SHALL NOT  BECOME  OPERATIVE  AND
THE REPEAL OF SECTION TWENTY-ONE OF THIS ARTICLE SHALL NOT BECOME EFFEC-
TIVE  UNTIL  SEPTEMBER  FIRST NEXT THEREAFTER WHICH DATE SHALL BE DEEMED
THE EFFECTIVE DATE OF THESE AMENDMENTS.
  B. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, THE JUDGES AND JUSTICES
OF THE APPELLATE DIVISION, THE SUPREME COURT, THE COURT OF  CLAIMS,  THE
COUNTY  COURT,  THE  FAMILY  COURT, THE SURROGATE'S COURT, THE CITY-WIDE
COURT OR COURTS FOR THE CITY OF NEW YORK ESTABLISHED PURSUANT TO SECTION
FIFTEEN OF THIS ARTICLE, AND THE DISTRICT COURT IN OFFICE ON THE  EFFEC-
TIVE  DATE  OF  THIS  SECTION  SHALL  HOLD  THEIR  OFFICES AS JUDGES AND
JUSTICES OF SUCH COURTS UNTIL THE EXPIRATION OF THEIR RESPECTIVE TERMS.
  S 13. Resolved (if the Senate concur), That the  foregoing  amendments
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with section 1 of article 19  of  the  constitution,  be  pu-
blished for 3 months previous to the time of such election.