S T A T E O F N E W Y O R K
________________________________________________________________________
5827
2011-2012 Regular Sessions
I N S E N A T E
June 19, 2011
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 6 of the constitution, in
relation to persons appointed to the court of appeals, and proposing
an amendment to section 25 of article 6 of the constitution, in
relation to service by retired justices and requiring judges of the
court of appeals to retire at age 80
Section 1. RESOLVED (if the Assembly concur), That subdivision e of
section 2 of article 6 of the constitution be amended to read as
follows:
e. The governor shall appoint, with the advice and consent of the
senate, from among those recommended by the judicial nominating commis-
sion, a person to fill the office of chief judge or associate judge, as
the case may be, whenever a vacancy occurs in the court of appeals;
provided, however, that no person may be appointed a judge of the court
of appeals unless such person is a resident of the state [and], has been
admitted to the practice of law in this state for at least ten years AND
WHO HAS NOT REACHED THE LAST DAY OF DECEMBER IN THE YEAR IN WHICH HE OR
SHE REACHES THE AGE OF SEVENTY. The governor shall transmit to the
senate the written report of the commission on judicial nomination
relating to the nominee.
S 2. 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 reaches the age of seventy. EACH JUDGE OF
THE COURT OF APPEALS SHALL RETIRE ON THE LAST DAY OF DECEMBER IN THE
YEAR IN WHICH HE OR SHE REACHES THE AGE OF EIGHTY. Each [such] former
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89023-02-1
S. 5827 2
[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 busi-
ness 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 certif-
ication 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] 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
residence. Any retired justice of the supreme court who had been desig-
nated 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.
S 3. 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.
