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

                                  7969

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an amendment to article 6 of the constitution, in relation to
  retirement of judges and justices

  Section 1. Resolved (if the Senate  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[,] SHALL RETIRE ON THE LAST  DAY
OF  DECEMBER  IN  THE YEAR IN WHICH HE OR SHE REACHES THE AGE OF SEVENTY
AND EACH 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  AND  JUDGE  OF  A  CITY  COURT OUTSIDE THE CITY OF NEW YORK shall
retire on the last day of December in  the  year  in  which  he  or  she
reaches the age of [seventy] SEVENTY-FOUR. 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 addi-
tional 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 designated to and served as a

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

                                                           LBD89114-01-3

A. 7969                             2

justice of any appellate  division  immediately  preceding  his  or  her
reaching  the age of [seventy] SEVENTY-FOUR shall be eligible for desig-
nation 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  2. 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 SUBDIVISION B OF SECTION  TWENTY-FIVE  OF
THIS ARTICLE, AS FIRST PROPOSED BY A CONCURRENT RESOLUTION PASSED BY THE
LEGISLATURE  IN  THE  YEAR  TWO  THOUSAND THIRTEEN, ENTITLED "CONCURRENT
RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO  SECTION
25 OF ARTICLE 6 OF THE CONSTITUTION, IN RELATION TO RETIREMENT OF JUDGES
AND  JUSTICES," SHALL BECOME A PART OF THE CONSTITUTION ON THE FIRST DAY
OF SEPTEMBER NEXT AFTER THE APPROVAL AND RATIFICATION OF THE  AMENDMENTS
PROPOSED  BY SUCH CONCURRENT RESOLUTION BY THE PEOPLE AND THE PROVISIONS
THEREOF SHALL BECOME EFFECTIVE ON SUCH DATE.
  B. WHERE A FORMER JUDGE OF THE COURT OF  APPEALS  OR  JUSTICE  OF  THE
SUPREME  COURT  WHO,  PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION B OF
SECTION TWENTY-FIVE OF THIS ARTICLE IN EFFECT  ON  AUGUST  THIRTY-FIRST,
TWO  THOUSAND  SIXTEEN,  IS  PERFORMING  THE  DUTIES OF A JUSTICE OF THE
SUPREME COURT OR OF A TEMPORARY OR ADDITIONAL JUSTICE OF  THE  APPELLATE
DIVISION,  HE  OR  SHE SHALL, FOR THE REMAINDER OF THE TWO-YEAR TERM FOR
WHICH HE OR SHE SHALL HAVE BEEN CERTIFICATED, CONTINUE  PERFORMING  SUCH
DUTIES.  AT THE EXPIRATION OF SUCH TERM, HIS OR HER CERTIFICATION MAY BE
EXTENDED FOR ADDITIONAL TERMS  OF  TWO  YEARS  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SUBDIVISION  B OF SECTION TWENTY-FIVE OF THIS ARTICLE IN
EFFECT ON SEPTEMBER FIRST, TWO THOUSAND SIXTEEN.
  S 3. 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
published for 3 months previous to the time of such election.