NY State Senate Bill 2013-S4043B

Senate Bill S4043B

Signed By Governor

2013-2014 Legislative Session

Proposes modifications in many City Court judgeships including, in some instances, conversion of part-time positions to full-time status

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Archive: Last Bill Status Via A6552 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 19, 2013	approval memo.11
Dec 18, 2013	signed chap.548
Dec 06, 2013	delivered to governor
Jun 21, 2013	returned to assembly passed senate 3rd reading cal.1605 substituted for s4043b
Jun 21, 2013	substituted by a6552b ordered to third reading cal.1605 committee discharged and committed to rules
Jun 14, 2013	print number 4043b
Jun 14, 2013	amend and recommit to finance
May 29, 2013	reported and committed to finance
Apr 15, 2013	print number 4043a
Apr 15, 2013	amend and recommit to judiciary
Mar 05, 2013	referred to judiciary

Votes

- Jun 21, 2013 - Floor Vote
  A6552
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2013
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Ball
  Jun 21, 2013 - Rules Committee Vote
  S4043B
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2013
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Gianaris
  May 29, 2013 - Judiciary Committee Vote
  S4043B
  
  22
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 29, 2013
      
      aye (22)
      
      Adams
      
      Addabbo Jr.
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      LaValle
      
      Lanza
      
      Little
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Ranzenhofer
      
      Savino
      
      Stavisky
      
      Zeldin

Bill Amendments

Original

B (Active)

2013-S4043 - Details

See Assembly Version of this Bill:: A6552
Law Section:: Uniform City Court Act
Laws Affected:: Amd §2104, UCCA; amd §221-i, Judy L

2013-S4043 - Summary

Relates to judges of city courts; proposes modifications in many city court judgeships including, in some instances, conversion of part-time positions to full-time status.

2013-S4043 - Sponsor Memo

                                BILL NUMBER:S4043                   REVISED 3/20/13

TITLE OF BILL:  An act to amend the uniform city court act and the
judiciary law, in relation to judges of city courts

This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge upon the recommendation
of the latter's Ad Hoc City Court Advisory Committee. It proposes
modifications in many City Court judgeships including, in some
instances, conversion of part-time positions to full-time status. It
is a follow-up to similar legislation enacted in 1988, 1995, 2001 and
2006.

                             I. PROPOSAL

For more than 30 years following the State takeover of local court
funding (see L. 1976, c. 966; Judiciary Law § 39), the Judiciary and
the Legislature have collaborated closely to ensure that the structure
and resources of the State's 61 City Courts outside New York City are
well-suited to community needs. Every four or five years, this Office,
with the assistance of a committee of sitting City Court judges
representative of all regions of the State and courts of varying
sizes, undertakes a detailed study of City Court operations around the
State. This study produces a series of recommendations for reform,
which then are passed on to the Legislature for its approval{1}.

Originally intended as a means by which to permit the Legislature
fairly to determine applications by individual city courts for
judgeship upgrades in light of their new status as State courts, this
collaboration has grown increasingly more important as the years have
gone by and the City Courts have taken on more prominent and more
complex roles in the criminal justice system. Today, in 2013, these
courts are on the front-line of that system. Along with the Justice
Courts, they preside over nearly all preliminary felony proceedings
brought outside New York City and oversee the prosecution of most of
the region's quality of life offenses. As importantly, City Courts
have become an important arena in the State's twin battles against
drug crime and family violence. Across the State, many City Courts
have been designated as regional Drug Courts to preside over drug
prosecutions commenced both in their respective cities and in
surrounding towns and villages, refashioning the paradigm for drug
crime adjudication and contributing mightily to significant reductions
in recidivism and public expense that judicially-supervised treatment
methodologies - the hallmark of Drug Courts - can offer. At the same
time, some City Courts have been designated as Domestic Violence
courts - giving them critical responsibility for superintending
community response to family violence. Other City Courts have taken on
other specialized responsibilities, such as presiding over mental
health and teen parts, requiring them to go well beyond the
traditional passive roles expected of the local criminal courts.

Notably, what ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile lives held
in the balance. In these specialized courts, people who have committed
what typically are low-level offenses appear to be judged, and the
court's ability to do this wisely and creatively can often be the


difference between a productive, law-abiding life and one marked by
greater and more serious crimes.

Even while City Court judges serve these critical roles in the
criminal and family justice arenas, they also must oversee all
landlord and tenant litigation in their communities, as well as all
small claims and commercial claims cases. Moreover, those who are
full-time will sometimes be assigned temporarily to service on County
or Family Court where caseload conditions in those courts are such
that added judicial resources are needed.

In short, more so perhaps than as to any other court in our trial
court system, it is vital that City Courts be maintained in a state of
maximum preparedness to cope with their caseloads. As it now is nine
years since the Judiciary last reported on the needs of the City
Courts and six years since the last comprehensive legislative action
with respect to these courts, we have commissioned another ad hoc
advisory committee to study the City Courts and to make
recommendations for any needed changes in their structure. This
committee has met over the course of the last several years and now
has filed its report and recommendations with us.

This measure would give effect to these recommendations. They include:

o Increase allocations of six regular part-time judgeships and convert
twelve such judgeships to full-time status. Current law provides for
one or more part-time City Court judges in 50 City Courts. See Uniform
City Court Act § 2104(c). In some instances, these judges are intended
to supplement the work of the full-time City Court judge or judges of
the court. In other Courts, where there are no full-time City Court
judges, they perform all the judicial work. In all cases, these
part-time judges are compensated in accordance with a salary scale
first fixed by the Legislature in 1984. Under this scale, as it
operates today, part-time judges are compensated for their service in
an amount equal to one-quarter or one-half the salary of a full-time
judge. See Judiciary Law § 221-i. The rate for each position has been.
fixed in accordance with prevailing views as to the level of regular
service that properly can be expected of the judge that fills it {2}.

As the Legislature already has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally,
to change the status of a City Court judgeship from part-time to
full-time. In many instances, changes in local demographics or, more
recently, the nature of the court's workload (e.g., its assumption of
specialty court responsibilities - responsibilities that magnify its
normal workload exponentially) moot the expectations that were the
foundation for a City Court's original judgeship allocation. In most
instances, that allocation was the product of another, past
generation, and instituted when caseloads were smaller and local
governments had to bear the costs of City Court operations. It does
not reflect the reality of those operations in 2013. Accordingly, as
we have done in the past, we now propose a slate of judgeship
adjustments that will bring the City Courts up to date (see Appendix A
for a list): These adjustments include upgrades for selected
one-quarter salaried judgeships and conversion of some 15 part-time
judgeships to full-time status{3}.


o Establish new full-time judgeships. In past submissions of this
nature, we have proposed creation of new judgeships for selected City
Courts. In some instances, court workloads have been such that
upgrades in existing judgeships are neither possible or impractical.
Thus, over the years, we've asked the Legislature to establish new
judgeships in Syracuse, Albany, Schenectady, Buffalo and Rochester -
and the Legislature has complied. In this measure, we do so again, and
for the same reason, in the cities of Buffalo, Newburgh, Rochester,
Schenectady, Syracuse, Troy and Yonkers.

o Expand residency requirement. Under present law, the general rule is
that each City Court judge must reside in the city in which he or she
serves. There are numerous exceptions to this rule, however. In venues
where experience has demonstrated that it is difficult to find a
sufficient pool of lawyers willing to serve on City Court, the
Legislature, with the agreement of local officials, has expanded the
residency requirement, typically to permit the judge of a City Court
in one of those venues to reside anywhere in the surrounding county.
This measure would add to the list of exceptions the City Court of
Watervliet. There, local officials have expressed a wish that the
residency rule permit any resident of Albany County to be eligible to
serve in one of the two judgeships allocated to the Court.

o Change from appointive to elective status for the appointive
judgeships in Ithaca arid Lockport. A preponderance of the State's 163
City Court judges are elected. The remainder are appointed, generally
by City Mayors. This year, at local request - i.e., at the request of
the mayor and City Court judges of each affected City -we are asking
that the existing appointive positions in Ithaca and Lockport be
converted to elective.

                             II. PROCESS

The Committee's recommendations for City Court judicial personnel
reflect not only the Committee's consideration of a series of
objective criteria but also a process of statewide consultation with
mayors, judges and other stakeholders in the justice system. Among the
quantitative factors the Committee considered in determining the
proper allocation of City Court judgeships are:

* Caseloads - including total cases, cases per capita, and annual
civil, criminal misdemeanor and criminal felony caseload growth
trends;

* Demographics - including population changes, economic factors and
crime predictor data that may presage future caseloads;

* Judicial resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court and Domestic Violence
Court cases) that are resource intensive, the availability of other
judges in the affected City Court and other City Courts in the county,
and the need to temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and

* Facilities - including the suitability and sufficiency of existing
courtrooms and other facilities to accommodate the proposed new and
expanded judgeships.


                               * * * **

As in the early 1980's, 1994, 1998 and 2003, we offer this proposal
confident that it will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice
in urban communities across New York State. Along with members of our
Ad Hoc Committee, we urge enactment of this measure and look forward
to working with the Legislature to ensure the continued vitality of
New York State's local justice system.

This measure will take effect on April 1 following its enactment.
Accordingly, it will have no fiscal impact on the State in FY 2013-14.

2009-10 Legislative History:  Senate 5807-B (Sampson) (PASSED)
Assembly 8976-A (Canestrari) (rept ref to Ways & Means)

2011-12 Legislative History:  Senate 4596 (Bonacic) (reported to
Finance)
Assembly 7207 (Canestrari) (rept ref to Ways & Means)

FOOTNOTES

{1} As noted, the Legislature has approved these submissions in the
past In 1984, it approved a uniform salary structure for part-time
City Court judges. L. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in
favor of a single enabling court statute in the Uniform City Court
Act, institution of a uniform $15,000 jurisdictional ceiling, merger
of multiple courts into a single court in those cities having
bifurcated or trifurcated court structures, creation of some new
full-time judgeships, conversion of some part-time judgeships to
full-time status and upgrades in the status of other part-time
judgeships. L. 1988, c. 397. In 1995, the Legislature again approved
recommendations calling for creation of new judgeships and conversion
and upgrading of others. L. 1995, c. 463.  In 1998 and 1999, the
Legislature approved another recommendation - this one calling for
amendment of section 26 of Article VI of the State Constitution to
permit full-time City Court judges to be assigned to temporary service
on County and Family Courts. In 2001, the Legislature approved another
package of recommendations calling for creation of new judgeships and
conversion and upgrading of others. L. 2001, c. 584. All of these
recommendations were the product of ad hoc committees of City Court
judges assembled by the Judiciary in the early-1980's, 1994, 1998 and
2003, respectively.  Most recently, the Legislature approved
recommendations yielding creation of further new judgeships and
conversion and upgrading of many others - including elimination of the
position of Acting City Court Judge. L. 2006, c. 493.

{2} Effective April 1, 2012, this salary range will be from $31,900 to
$63,700. While there is no specific statutory direction that the
actual amount of service given by each judge, as a percentage of his
or her work week, correspond to the fraction of full-time service
represented by his or her compensation, it has informally been the
administrative practice over the years to expect that that be so.

{3} Persons holding the office of full-time City Court judge are not
permitted to practice law. Note that, prior to filing this measure


with the Legislature, all proposed changes in judgeships were shared
with all City Mayors and City Court judges across the State. All
changes are submitted with the approval of the Mayors and judges of
each city affected.

APPENDIX A
TABLE OF CHANGES
City          Present      Proposed
              Allocation   Allocation       When Change Effective

Albany        4FT          5FT              4/1/14
              1PT(1/2)

Amsterdam     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Auburn        1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Batavia       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Beacon        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Binghamton    2FT          3FT              4/1/14
              1PT(1/2)

Buffalo       13FT         14FT             1/1/15

Canandaigua   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cohoes        2PT(1/2)     2PT(1/2)         NO CHANGE

Corning       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cortland      1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Dunkirk       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Elmira        2FT          2FT              NO CHANGE

Fulton        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Geneva        1PT(1/2)     1PT(1/2)         NO CHANGE
              2PT(1/4)     2PT(1/4)

Glen Cove     2PT(1/2)     2PT(1/2)         NO CHANGE

Glens Falls   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)


Gloversville  1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Hornell       1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Hudson        1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Ithaca        1FT          2FT              4/1/14
              1PT(1/2)

Jamestown     1FT          2FT              4/1/14
              1PT(1/2)

Johnstown     1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Kingston      1FT          2FT              NO CHANGE
              1PT(1/2)

Lackawanna    1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Little Falls  2PT(1/4)     2PT(1/4)         NO CHANGE

Lockport      1FT          2FT              4/1/14
              1PT(1/2)

Long Beach    2FT          2FT              NO CHANGE

Mechanic-
ville         2PT(1/4)     2PT(1/4)         NO CHANGE

Middletown    1FT          2FT              4/1/14
              1PT(1/2)

Mt. Vernon    3FT          3FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Newburgh      2FT          3FT              1/1/15

New
Rochelle      2FT          3FT              4/1/14
              1PT(1/2)

Niagara Falls 4FT          4FT              NO CHANGE

N. Tonawanda  1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Norwich       1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Ogdensburg    1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)


Olean         1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Oneida        1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Oneonta       1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Oswego        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Peekskill     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Plattsburgh   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Port Jervis   1PT(1/2)     1PT (1/2)        4/1/14
              1PT(1/4)     1PT(1/2)

Poughkeepsie  2FT          2FT              NO CHANGE

Rensselaer    1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Rochester     9FT         10FT              1/1/15

Rome          1FT          2FT              4/1/14
              1PT(1/4)

Rye           1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Salamanca     2PT(1/4)     1PT(1/2)         4/1/14
                           1PT(1/4)

Saratoga      1FT          2FT              4/1/14
Springs       1PT(1/2)

Schenectady   3FT          4FT              1/1/15

Sherrill      1PT(1/4)     1PT(1/4)         NO CHANGE

Syracuse      8FT          9FT              1/1/15

Tonawanda     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Troy          1FT          2FT              1/1/15
              1PT(3/4)     1PT(3/4)

Utica         3FT          3FT              NO CHANGE

Watertown     1FT          2FT              4/1/14
              1PT(1/4)


Watervliet    1PT(1/2)     2PT(1/2)         4/1/13
              1PT(1/4)

White Plains  3FT          4FT              4/1/13
              1PT(1/2)

Yonkers        6FT         7FT              1/1/15

2013-S4043 - Bill Text download pdf

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

                                  4043

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the uniform city court act and the judiciary law, in
  relation to judges of city courts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  1  of  subdivision  (b) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws  of  2006,
is amended to read as follows:
  (1) be an attorney admitted to practice law in this state for at least
five  years as of the date he or she commences the duties of office, and
be a resident of the city in which he or she is  elected  or  appointed,
except that the judges of the Sherrill city court may reside anywhere in
either  Oneida  or  Madison counties, the city court judge who serves in
the office that formerly was that of acting judge  of  the  Oneida  city
court may reside anywhere in Madison county, the judges of the Peekskill
city  court  may  reside  anywhere in Westchester county, the city court
judge who serves in the office that formerly was that of acting judge of
the Port Jervis city court may reside anywhere  in  either  Sullivan  or
Orange counties, the judges of the Hudson city court may reside anywhere
in  Columbia  county, the city court judge who serves in the office that
formerly was that of acting judge of the Mechanicville  city  court  may
reside  anywhere  in  Saratoga county, the judges of the Ogdensburg city
court may reside anywhere in St. Lawrence  county,  the  judges  of  the
Rensselaer  city  court may reside anywhere in Rensselaer county and one
judge of the Cohoes city court AND THE CITY COURT JUDGE  WHO  SERVES  IN
THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09321-01-3

S. 4043                             2

  S 2. Subdivision (d) of section 2104 of the uniform city court act, as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  (d)  The  number  of judges of the city court in each city shall be as
provided herein. Full-time judgeships are  specifically  so  designated,
all others are part-time:
   Par.   Name of city
   1    Albany, [four] FIVE full-time [and one part-time];
   2    Amsterdam, one full-time and one part-time;
   3    Auburn, one full-time and one part-time;
   4    Batavia, one full-time and one part-time;
   5    Beacon, one full-time and one part-time;
   6    Binghamton, [two] THREE full-time [and one part-time];
   7    Buffalo, [thirteen] FOURTEEN full-time;
   8    Canandaigua, one full-time and one part-time;
   9    Cohoes, two;
   10   Corning, one full-time and one part-time;
   11   Cortland, one full-time and one part-time;
   12   Dunkirk, one full-time and one part-time;
   13   Elmira, two full-time;
   14   Fulton, one full-time and one part-time;
   15   Geneva, three;
   16   Glen Cove, two;
   17   Glens Falls, one full-time and one part-time;
   18   Gloversville, one full-time and one part-time;
   19   Hornell, two;
   20   Hudson, two;
   21   Ithaca, [one] TWO full-time [and one part-time];
   22   Jamestown, [one] TWO full-time [and one part-time];
   23   Johnstown, two;
   24   Kingston, [one] TWO full-time [and one part-time];
   25   Lackawanna, one full-time and one part-time;
   26   Little Falls, two;
   27   Lockport, [one] TWO full-time [and one part-time];
   28   Long Beach, two full-time;
   29   Mechanicville, two;
   30   Middletown, [one] TWO full-time [and one part-time];
   31   Mount Vernon, three full-time and one part-time;
   32   Newburgh, [two] THREE full-time;
   33   New Rochelle, [two] THREE full-time [and one part-time];
   34   Niagara Falls, four full-time;
   35   North Tonawanda, one full-time and one part-time;
   36   Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
   37   Ogdensburg, one full-time and one part-time;
   38   Olean, one full-time and one part-time;
   39   Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
   40   Oneonta, [two] ONE FULL-TIME AND ONE PART-TIME;
   41   Oswego, one full-time and one part-time;
   42   Peekskill, one full-time and one part-time;
   43   Plattsburgh, one full-time and one part-time;
   44   Port Jervis, two;
   45   Poughkeepsie, two full-time;
   46   Rensselaer, two;
   47   Rochester, [nine] TEN full-time;
   48   Rome, [one] TWO full-time [and one part-time];
   49   Rye, one full-time and one part-time;

S. 4043                             3

   50   Salamanca, two;
   51   Saratoga Springs, [one] TWO full-time [and one part-time];
   52   Schenectady, [three] FOUR full-time;
   53   Sherrill, one;
   54   Syracuse, [eight] NINE full-time;
   55   Tonawanda, one full-time and one part-time;
   56   Troy, [one] TWO full-time and one part-time;
   57   Utica, three full-time;
   58   Watertown, [one] TWO full-time [and one part-time];
   59   Watervliet, two;
   60   White Plains, [three] FOUR full-time [and one part-time];
   61   Yonkers, [six] SEVEN full-time.
  S  3.  Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
section 2104 of the uniform city court act, as amended by chapter 493 of
the laws of 2006, are amended to read as follows:
  (i) by the mayor of the city for which the court on which  he  or  she
will serve has been established, with the advice and consent of the city
council:  part-time  city  court  judge  of Beacon, part-time city court
judge of Corning, part-time city court judge of Cortland, part-time city
court judge of Gloversville, city court judge of Glen Cove who serves in
the office that on June first, two thousand one was an appointive office
pursuant to this subparagraph, [part-time city court  judge  of  Ithaca,
part-time]  city  court judge of Jamestown WHO SERVES IN THE OFFICE THAT
WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU-
SAND THIRTEEN, part-time city court judge of Olean, city court judges of
Plattsburgh, city court judge of Port Jervis who serves  in  the  office
that  formerly  was that of acting city court judge of Port Jervis, city
court judges of Rye, city court judge of Salamanca  who  serves  in  the
office  that  formerly  was that of acting city court judge of Salamanca
and the [part-time] city court judge of  Watertown  WHO  SERVES  IN  THE
OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WAS PART-TIME.
  (ii)  by  the city council of the city for which the court on which he
or she will serve has been established: part-time city  court  judge  of
Auburn,  part-time  city  court  judge  of Batavia, part-time city court
judge of Canandaigua, city court judge of Johnstown who  serves  in  the
office  that  formerly was that of acting city court judge of Johnstown,
city court judge of Newburgh who serves in  the  office  that  on  March
thirty-first,  two  thousand  one  was  part-time,  city  court judge of
Norwich who serves in the office that [formerly was that of acting  city
court  judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR COMMENCING
JANUARY FIRST, TWO THOUSAND THIRTEEN, city court  judges  of  Peekskill,
and city court judges of White Plains.
  S  4.  The  opening  paragraph of subparagraph (iii) of paragraph 1 of
subdivision (e) of section 2104  of  the  uniform  city  court  act,  as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  by the mayor of the city for which the court on which he or  she  will
serve  has  been established: [part-time] city court judge of Binghamton
WHO SERVES IN THE OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND  FOUR-
TEEN  WAS  PART-TIME,  city court judges of Cohoes, part-time city court
judge of Dunkirk, part-time city court judge of Fulton, city court judge
of Geneva who serves in the office that formerly was that of acting city
court judge of Geneva, city court judge of Hornell  who  serves  in  the
office  that  formerly  was  that of acting city court judge of Hornell,
city court judge of Hudson who serves in the office  that  formerly  was
that  of acting city court judge of Hudson, [part-time] city court judge

S. 4043                             4

of Kingston WHO SERVES IN THE OFFICE THAT  ON  MARCH  THIRTY-FIRST,  TWO
THOUSAND FOURTEEN WAS PART-TIME, part-time city court judge of Lackawan-
na,  city  court  judge  of  Little  Falls who serves in the office that
formerly was that of acting CITY court judge of Little Falls, [part-time
city  court  judge  of  Lockport,] city court judge of Mechanicville who
serves in the office that formerly was that of acting city  court  judge
of  Mechanicville, [part-time] city court judge of Middletown WHO SERVES
IN THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANU-
ARY FIRST, TWO THOUSAND THIRTEEN, part-time city court  judge  of  Mount
Vernon, [part-time] city court judge of New Rochelle [and full-time city
court  judge  of  such  city who serves in the office created during the
calendar year commencing January first, two thousand one] WHO SERVES  IN
THE  OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY
FIRST, TWO THOUSAND THIRTEEN AND THE CITY COURT JUDGE OF SUCH  CITY  WHO
SERVES IN THE OFFICE THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS AN
APPOINTIVE  OFFICE  PURSUANT  TO THIS SUBPARAGRAPH, part-time city court
judge of North Tonawanda, part-time  city  court  judge  of  Ogdensburg,
PART-TIME  city  court  judge  of  Oneida [who serves in the office that
formerly was that of acting city court judge of Oneida], PART-TIME  city
court  judge of Oneonta [who serves in the office that formerly was that
of acting city court judge of Oneonta], part-time city  court  judge  of
Oswego,  city  court judges of Poughkeepsie, city court judge of Rensse-
laer who serves in the office that formerly  was  that  of  acting  city
court  judge  of  Rensselaer,  [part-time]  city court judge of Saratoga
Springs WHO SERVES IN THE OFFICE THAT WAS CREATED  DURING  THE  CALENDAR
YEAR  COMMENCING  JANUARY  FIRST,  TWO THOUSAND THIRTEEN, part-time city
court judge of Tonawanda and city court judge of Watervliet  who  serves
in  the  office  that  formerly  was  that of acting city court judge of
Watervliet.  Provided, however, the following special  provisions  shall
be applicable in the city of Poughkeepsie:
  S  5. Section 221-i of the judiciary law, as amended by chapter 493 of
the laws of 2006, is amended to read as follows:
  S 221-i. Salary of judges of the city courts outside the city  of  New
York.  [The] EXCEPT AS OTHERWISE PROVIDED BY CHAPTER FIVE HUNDRED SIXTY-
SEVEN OF THE LAWS OF TWO THOUSAND TEN, THE annual salary of  each  judge
of  a city court outside the city of New York shall be as follows (where
this section provides different salaries for judicial positions  on  the
same  court  having the same title, the greater salary shall be paid the
person holding the position paid the greater salary  on  the  day  imme-
diately preceding the day on which such salaries took effect):

City                Title

Albany              City Court Judge (FT)              113,900
[Albany             City Court Judge                   54,400]
Amsterdam           City Court Judge (FT)              108,800
Amsterdam           City Court Judge                   27,200
Auburn              City Court Judge (FT)              108,800
Auburn              City Court Judge                   [27,200] 54,400
Batavia             City Court Judge (FT)              108,800
Batavia             City Court Judge                   27,200
Beacon              City Court Judge (FT)              108,800
Beacon              City Court Judge                   27,200
Binghamton          City Court Judge (FT)              108,800
[Binghamton         City Court Judge                   54,400]
Buffalo             Chief Judge (FT)                   115,100

S. 4043                             5

Buffalo             City Court Judge (FT)              113,900
Canandaigua         City Court Judge (FT)              108,800
Canandaigua         City Court Judge                   27,200
Cohoes              City Court Judge                   54,400
Corning             City Court Judge (FT)              108,800
Corning             City Court Judge                   27,200
Cortland            City Court Judge (FT)              108,800
Cortland            City Court Judge                   [27,200] 54,400
Dunkirk             City Court Judge (FT)              108,800
Dunkirk             City Court Judge                   27,200
Elmira              City Court Judge (FT)              108,800
Fulton              City Court Judge (FT)              108,800
Fulton              City Court Judge                   27,200
Geneva              City Court Judge                   54,400
Geneva              City Court Judge                   27,200
Glen Cove           City Court Judge                   54,400
Gloversville        City Court Judge (FT)              108,800
Gloversville        City Court Judge                   27,200
Glens Falls         City Court Judge (FT)              108,800
Glens Falls         City Court Judge                   27,200
Hornell             City Court Judge                   54,400
Hornell             City Court Judge                   27,200
Hudson              City Court Judge                   54,400
Hudson              City Court Judge                   27,200
Ithaca              City Court Judge (FT)              108,800
[Ithaca             City Court Judge                   54,400]
Jamestown           City Court Judge (FT)              108,800
[Jamestown          City Court Judge                   54,400]
Johnstown           City Court Judge                   54,400
Johnstown           City Court Judge                   27,200
Kingston            City Court Judge (FT)              108,800
[Kingston           City Court Judge                   54,400]
Lackawanna          City Court Judge (FT)              108,800
Lackawanna          City Court Judge                   54,400
Lockport            City Court Judge (FT)              108,800
[Lockport           City Court Judge                   54,400]
Long Beach          City Court Judge (FT)              118,300
Little Falls        City Court Judge                   27,200
Mechanicville       City Court Judge                   27,200
Middletown          City Court Judge (FT)              108,800
[Middletown         City Court Judge                   54,400]
Mount Vernon        City Court Judge (FT)              118,300
Mount Vernon        City Court Judge                   54,400
Newburgh            City Court Judge (FT)              108,800
Niagara Falls       Chief Judge (FT)                   115,100
Niagara Falls       City Court Judge (FT)              113,900
Norwich             City Court Judge (FT)              [54,400] 108,800
Norwich             City Court Judge                   27,200
New Rochelle        City Court Judge (FT)              118,300
[New Rochelle       City Court Judge                   54,400]
North Tonawanda     City Court Judge (FT)              108,800
North Tonawanda     City Court Judge                   54,400
Ogdensburg          City Court Judge (FT)              108,800
Ogdensburg          City Court Judge                   27,200
Olean               City Court Judge (FT)              108,800

S. 4043                             6

Olean               City Court Judge                   27,200
Oneida              City Court Judge (FT)              [54,400] 108,800
Oneida              City Court Judge                   27,200
Oneonta             City Court Judge(FT)               [54,400] 108,800
Oneonta             City Court Judge                   27,200
Oswego              City Court Judge (FT)              108,800
Oswego              City Court Judge                   27,200
Peekskill           City Court Judge (FT)              108,800
Peekskill           City Court Judge                   54,400
Poughkeepsie        City Court Judge (FT)              108,800
Plattsburgh         City Court Judge (FT)              108,800
Plattsburgh         City Court Judge                   27,200
Port Jervis         City Court Judge                   54,400
[Port Jervis        City Court Judge                   27,200]
Rensselaer          City Court Judge                   54,400
Rensselaer          City Court Judge                   27,200
Rochester           Chief Judge (FT)                   115,100
Rochester           City Court Judge (FT)              113,900
Rome                City Court Judge (FT)              113,900
[Rome               City Court Judge                   54,400]
Rye                 City Court Judge (FT)              108,800
Rye                 City Court Judge                   [27,200] 54,400
Salamanca           City Court Judge                   54,400
SALAMANCA           CITY COURT JUDGE                   27,200
Saratoga Springs    City Court Judge (FT)              108,800
[Saratoga Springs   City Court Judge                   54,400]
Schenectady         City Court Judge (FT)              108,800
Sherrill            City Court Judge                   27,200
Syracuse            Chief Judge (FT)                   115,100
Syracuse            City Court Judge (FT)              113,900
Tonawanda           City Court Judge (FT)              108,800
Tonawanda           City Court Judge                   54,400
Troy                City Court Judge (FT)              113,900
Troy                City Court Judge                   81,600
Utica               Chief Judge (FT)                   115,100
Utica               City Court Judge (FT)              113,900
Watertown           City Court Judge (FT)              108,800
[Watertown          City Court Judge                   27,200]
Watervliet          City Court Judge                   54,400
[Watervliet         City Court Judge                   27,200]
White Plains        City Court Judge (FT)              116,800
[White Plains       City Court Judge                   54,400]
Yonkers             Chief Judge (FT)                   119,500
Yonkers             City Court Judge (FT)              118,300
  S  6.  Transition.  Notwithstanding  any  other  provision of law, for
purposes of this act:
  (a) On the effective date of this section:
  (i) each of the following part-time judgeships shall be abolished  and
replaced  by  a  full-time  judgeship: the part-time city court judge of
Albany, the part-time city court judge of Binghamton, the part-time city
court judge of Ithaca, the part-time city court judge of Jamestown,  the
part-time  city  court judge of Kingston, the part-time city court judge
of Lockport, the part-time city judge of Middletown, the part-time  city
court  judge  of New Rochelle, the part-time city court judge of Norwich
whose office is paid the greater compensation on such  date,  the  part-
time city court judge of Oneida whose office is paid the greater compen-

S. 4043                             7

sation  on  such  date,  the part-time city court judge of Oneonta whose
office is paid the greater compensation on such date, the part-time city
court judge of Rome, the part-time city court judge of Saratoga Springs,
the part-time city court judge of Watertown and the part-time city court
judge  of  White  Plains.   Each person in a judgeship abolished by this
subdivision shall continue in service in the  full-time  judgeship  that
replaces  such  abolished  judgeship  hereunder for the remainder of the
term of office to which he or she was selected in such abolished  judge-
ship  except  that  the person who continues in service in the full-time
judgeship that replaces the abolished judgeship in  the  city  court  of
Lockport  shall  do  so  until  the  thirty-first  day  of December next
succeeding the date on which such term of office would otherwise expire;
and
  (ii) the office of the elected part-time city court judge of Salamanca
shall receive the increase in compensation provided in section 221-i  of
the judiciary law as amended by section five of this act.
  (b)  The  new  offices  of full-time city court judge in the cities of
Buffalo, Newburgh, Rochester, Schenectady, Syracuse, Troy  and  Yonkers,
respectively,  shall  first  be  filled  by election at the next general
election at which they can be filled for a full term to commence January
first next thereafter.  Upon the first occurrence of a  vacancy  in  the
office  of  full-time  city  court  judge  of the city court of Lockport
established by paragraph (i) of subdivision (a)  of  this  section,  the
office  shall  be filled by election for a term commencing the first day
of January next succeeding the election.
  S 7. (a) In the event that the compensation to be paid a  judge  of  a
city  court, as prescribed by this act or any other provision of law, is
lower than the compensation being paid such judge immediately  prior  to
the  effective date of this section, such judge shall, for as long as he
or she holds the office in which he or she is serving on such  effective
date,  receive  such  higher compensation (plus any increases thereto as
shall thereafter be provided by law).
  (b) Notwithstanding any provision of this  act,  this  act  shall  not
extend  or  diminish  any term of judicial office commenced prior to the
effective date of this section.
  S 8. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law; provided, however, that no
changes in the number or compensation of judges, as provided in sections
two and five of this act, may take effect in a city in which a full-time
judgeship  replaces  a  part-time  judgeship  pursuant to this act until
authorized under section six of this act.

2013-S4043A - Details

See Assembly Version of this Bill:: A6552
Law Section:: Uniform City Court Act
Laws Affected:: Amd §2104, UCCA; amd §221-i, Judy L

2013-S4043A - Summary

Relates to judges of city courts; proposes modifications in many city court judgeships including, in some instances, conversion of part-time positions to full-time status.

2013-S4043A - Sponsor Memo

                                BILL NUMBER:S4043A               REVISED 4/15/13

TITLE OF BILL:  An act to amend the uniform city court act and the
judiciary law, in relation to judges of city courts

This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge upon the recommendation
of the latter's Ad Hoc City Court Advisory Committee. It proposes
modifications in many City Court judgeships including, in some
instances, conversion of part-time positions to full-time status. It
is a follow-up to similar legislation enacted in 1988, 1995, 2001 and
2006.

                             I. PROPOSAL

For more than 30 years following the State takeover of local court
funding (see L. 1976, c. 966; Judiciary Law § 39), the Judiciary and
the Legislature have collaborated closely to ensure that the structure
and resources of the State's 61 City Courts outside New York City are
well-suited to community needs. Every four or five years, this Office,
with the assistance of a committee of sitting City Court judges
representative of all regions of the State and courts of varying
sizes, undertakes a detailed study of City Court operations around the
State. This study produces a series of recommendations for reform,
which then are passed on to the Legislature for its approval{1}.

Originally intended as a means by which to permit the Legislature
fairly to determine applications by individual city courts for
judgeship upgrades in light of their new status as State courts, this
collaboration has grown increasingly more important as the years have
gone by and the City Courts have taken on more prominent and more
complex roles in the criminal justice system. Today, in 2013, these
courts are on the front-line of that system. Along with the Justice
Courts, they preside over nearly all preliminary felony proceedings
brought outside New York City and oversee the prosecution of most of
the region's quality of life offenses. As importantly, City Courts
have become an important arena in the State's twin battles against
drug crime and family violence. Across the State, many City Courts
have been designated as regional Drug Courts to preside over drug
prosecutions commenced both in their respective cities and in
surrounding towns and villages, refashioning the paradigm for drug
crime adjudication and contributing mightily to significant reductions
in recidivism and public expense that judicially-supervised treatment
methodologies - the hallmark of Drug Courts - can offer. At the same
time, some City Courts have been designated as Domestic Violence
courts - giving them critical responsibility for superintending
community response to family violence. Other City Courts have taken on
other specialized responsibilities, such as presiding over mental
health and teen parts, requiring them to go well beyond the
traditional passive roles expected of the local criminal courts.

Notably, what ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile lives held
in the balance. In these specialized courts, people who have committed
what typically are low-level offenses appear to be judged, and the
court's ability to do this wisely and creatively can often be the


difference between a productive, law-abiding life and one marked by
greater and more serious crimes.

Even while City Court judges serve these critical roles in the
criminal and family justice arenas, they also must oversee all
landlord and tenant litigation in their communities, as well as all
small claims and commercial claims cases. Moreover, those who are
full-time will sometimes be assigned temporarily to service on County
or Family Court where caseload conditions in those courts are such
that added judicial resources are needed.

In short, more so perhaps than as to any other court in our trial
court system, it is vital that City Courts be maintained in a state of
maximum preparedness to cope with their caseloads. As it now is nine
years since the Judiciary last reported on the needs of the City
Courts and six years since the last comprehensive legislative action
with respect to these courts, we have commissioned another ad hoc
advisory committee to study the City Courts and to make
recommendations for any needed changes in their structure. This
committee has met over the course of the last several years and now
has filed its report and recommendations with us.

This measure would give effect to these recommendations. They include:

o Increase allocations of six regular part-time judgeships and convert
twelve such judgeships to full-time status. Current law provides for
one or more part-time City Court judges in 50 City Courts. See Uniform
City Court Act § 2104(c). In some instances, these judges are intended
to supplement the work of the full-time City Court judge or judges of
the court. In other Courts, where there are no full-time City Court
judges, they perform all the judicial work. In all cases, these
part-time judges are compensated in accordance with a salary scale
first fixed by the Legislature in 1984. Under this scale, as it
operates today, part-time judges are compensated for their service in
an amount equal to one-quarter or one-half the salary of a full-time
judge. See Judiciary Law § 221-i. The rate for each position has been
fixed in accordance with prevailing views as to the level of regular
service that properly can be expected of the judge that fills it{2}.

As the Legislature already has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally,
to change the status of a City Court judgeship from part-time to
full-time, In many instances, changes in local demographics or, more
recently, the nature of the court's workload (e.g., its assumption of
specialty court responsibilities - responsibilities that magnify its
normal workload exponentially) moot the expectations that were the
foundation for a City Court's original judgeship allocation. In most
instances, that allocation was the product of another, past
generation, and instituted when caseloads were smaller and local
governments had to bear the costs of City Court operations. It does
not reflect the reality of those operations in 2013. Accordingly, as
we have done in the past, we now propose a slate of judgeship
adjustments that will bring the City Courts up to date (see Appendix A
for a list). These adjustments include upgrades for selected
one-quarter salaried judgeships and conversion of some 15 part-time
judgeships to full-time status{3}.


o Establish new full-time judgeships. In past submissions of this
nature, we have proposed creation of new judgeships for selected City
Courts. In some instances, court workloads have been such that
upgrades in existing judgeships are neither possible or impractical.
Thus, over the years, we've asked the Legislature to establish new
judgeships in Syracuse, Albany, Schenectady, Buffalo and Rochester -
and the Legislature has complied. In this measure, we do so again, and
for the same reason, in the cities of Buffalo, Newburgh, Rochester,
Schenectady, Syracuse, Troy and Yonkers.

o Expand residency requirement. Under present law, the general rule is
that each City Court judge must reside in the city in which he or she
serves. There are numerous exceptions to this rule, however. In venues
where experience has demonstrated that it is difficult to find a
sufficient pool of lawyers willing to serve on City Court, the
Legislature, with the agreement of local officials, has expanded the
residency requirement, typically to permit the judge of a City Court
in one of those venues to reside anywhere in the surrounding county.
This measure would add to the list of exceptions the City Court of
Watervliet. There, local officials have expressed a wish that the
residency rule permit any resident of Albany County to be eligible to
serve in one of the two judgeships allocated to the Court.

o Change from appointive to elective status for the appointive
judgeships in Ithaca and Lockport. A preponderance of the State's 163
City Court judges are elected. The remainder are appointed, generally
by City Mayors. This year, at local request - Le., at the request of
the mayor and City Court judges of each affected City - we are asking
that the existing appointive positions in Binghamton, Ithaca and
Lockport be converted to elective.

                             II. PROCESS

The Committee's recommendations for City Court judicial personnel
reflect not only the Committee's consideration of a series of
objective criteria but also a process of statewide consultation with
mayors, judges and other stakeholders in the justice system. Among the
quantitative factors the Committee considered in determining the
proper allocation of City Court judgeships are:

* Caseloads - including total cases, cases per capita, and annual
civil, criminal misdemeanor and criminal felony caseload growth
trends;

* Demographics - including population changes, economic factors and
crime predictor data that may presage future caseloads;

* Judicial resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court and Domestic Violence
Court cases) that are resource intensive, the availability of other
judges in the affected City Court and other City Courts in the county,
and the need to temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and

* Facilities - including the suitability and sufficiency of existing
courtrooms and other facilities to accommodate the proposed new and
expanded judgeships.


                              * * * * *

As in the early 1980's, 1994, 1998 and 2003, we offer this proposal
confident that it will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice
in urban communities across New York State. Along with members of our
Ad Hoc Committee, we urge enactment of this measure and look forward
to working with the Legislature to ensure the continued vitality of
New York State's local justice system.

This measure will take effect on April 1 following its enactment.
Accordingly, it will have no fiscal impact on the State in FY 2013-14.

2009-10 Legislative History:  Senate 5807-B Assembly 8976-A

2011-12 Legislative History:  Senate 4596 Assembly 7207

2013 Legislative History:  Senate 4043 Assembly 6552

{1} As noted, the Legislature has approved these submissions in the
past In 1984, it approved a uniform salary structure for part-time
City Court judges. L. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in
favor of a single enabling court statute in the Uniform City Court
Act, institution of a uniform $15,000 jurisdictional ceiling, merger
of multiple courts into a single court in those cities having
bifurcated or trifurcated court structures, creation of some new
full-time judgeships, conversion of some part-time judgeships to
full-time status and upgrades in the status of other part-time
judgeships. L. 1988, c. 397. In 1995, the Legislature again approved
recommendations calling for creation of new judgeships and conversion
and upgrading of others. L. 1995, c. 463.  In 1998 and 1999, the
Legislature approved another recommendation - this one calling for
amendment of section 26 of Article VI of the State Constitution to
permit full-time City Court judges to be assigned to temporary service
on County and Family Courts. In 2001, the Legislature approved another
package of recommendations calling for creation of new judgeships and
conversion and upgrading of others. L. 2001, c. 584. All of these
recommendations were the product of ad hoc committees of City Court
judges assembled by the Judiciary in the early-1980's, 1994, 1998 and
2003, respectively.  Most recently, the Legislature approved
recommendations yielding creation of further new judgeships and
conversion and upgrading of many others - including elimination of the
position of Acting City Court Judge. L. 2006, c. 493.

{2} Effective April 1, 2012, this salary range will be from $31,900 to
$63,700. While there is no specific statutory direction that the
actual amount of service given by each judge, as a percentage of his
or her work week, correspond to the fraction of full-time service
represented by his or her compensation, it has informally been the
administrative practice over the years to expect that that be so.

{3} Persons holding the office of full-time City Court judge are not
permitted to practice law. Note that, prior to filing this measure
with the Legislature, all proposed changes in judgeships were shared
with all City Mayors and City Court judges across the State. All


changes are submitted with the approval of the Mayors and judges of
each city affected.

APPENDIX A
TABLE OF CHANGES
City          Present      Proposed
              Allocation   Allocation       When Change Effective

Albany        4FT          5FT              4/1/14
              1PT(1/2)

Amsterdam     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Auburn        1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Batavia       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Beacon        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Binghamton    2FT          3FT              4/1/14
              1PT(1/2)

Buffalo       13FT         14FT             1/1/15

Canandaigua   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cohoes        2PT(1/2)     2PT(1/2)         NO CHANGE

Corning       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cortland      1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Dunkirk       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Elmira        2FT          2FT              NO CHANGE

Fulton        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Geneva        1PT(1/2)     1PT(1/2)         NO CHANGE
              2PT(1/4)     2PT(1/4)

Glen Cove     2PT(1/2)     2PT(1/2)         NO CHANGE

Glens Falls   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)


Gloversville  1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Hornell       1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Hudson        1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Ithaca        1FT          2FT              4/1/14
              1PT(1/2)

Jamestown     1FT          2FT              4/1/14
              1PT(1/2)

Johnstown     1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Kingston      1FT          2FT              NO CHANGE
              1PT(1/2)

Lackawanna    1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Little Falls  2PT(1/4)     2PT(1/4)         NO CHANGE

Lockport      1FT          2FT              4/1/14
              1PT(1/2)

Long Beach    2FT          2FT              NO CHANGE

Mechanic-
ville         2PT(1/4)     2PT(1/4)         NO CHANGE

Middletown    1FT          2FT              4/1/14
              1PT(1/2)

Mt. Vernon    3FT          3FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Newburgh      2FT          3FT              1/1/15

New
Rochelle      2FT          3FT              4/1/14
              1PT(1/2)

Niagara Falls 4FT          4FT              NO CHANGE

N. Tonawanda  1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Norwich       1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Ogdensburg    1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)


Olean         1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Oneida        1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Oneonta       1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Oswego        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Peekskill     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Plattsburgh   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Port Jervis   1PT(1/2)     1PT (1/2)        4/1/14
              1PT(1/4)     1PT(1/2)

Poughkeepsie  2FT          2FT              NO CHANGE

Rensselaer    1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Rochester     9FT         10FT              1/1/15

Rome          1FT          2FT              4/1/14
              1PT(1/4)

Rye           1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Salamanca     2PT(1/4)     1PT(1/2)         4/1/14
                           1PT(1/4)

Saratoga      1FT          2FT              4/1/14
Springs       1PT(1/2)

Schenectady   3FT          4FT              1/1/15

Sherrill      1PT(1/4)     1PT(1/4)         NO CHANGE

Syracuse      8FT          9FT              1/1/15

Tonawanda     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Troy          1FT          2FT              1/1/15
              1PT(3/4)     1PT(3/4)

Utica         3FT          3FT              NO CHANGE

Watertown     1FT          2FT              4/1/14
              1PT(1/4)


Watervliet    1PT(1/2)     2PT(1/2)         4/1/13
              1PT(1/4)

White Plains  3FT          4FT              4/1/13
              1PT(1/2)

Yonkers        6FT         7FT              1/1/15

2013-S4043A - Bill Text download pdf

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

                                 4043--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the uniform city court act and the judiciary law, in
  relation to judges of city courts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  1  of  subdivision  (b) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws  of  2006,
is amended to read as follows:
  (1) be an attorney admitted to practice law in this state for at least
five  years as of the date he or she commences the duties of office, and
be a resident of the city in which he or she is  elected  or  appointed,
except that the judges of the Sherrill city court may reside anywhere in
either  Oneida  or  Madison counties, the city court judge who serves in
the office that formerly was that of acting judge  of  the  Oneida  city
court may reside anywhere in Madison county, the judges of the Peekskill
city  court  may  reside  anywhere in Westchester county, the city court
judge who serves in the office that formerly was that of acting judge of
the Port Jervis city court may reside anywhere  in  either  Sullivan  or
Orange counties, the judges of the Hudson city court may reside anywhere
in  Columbia  county, the city court judge who serves in the office that
formerly was that of acting judge of the Mechanicville  city  court  may
reside  anywhere  in  Saratoga county, the judges of the Ogdensburg city
court may reside anywhere in St. Lawrence  county,  the  judges  of  the
Rensselaer  city  court may reside anywhere in Rensselaer county and one
judge of the Cohoes city court AND THE CITY COURT JUDGE  WHO  SERVES  IN
THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09321-02-3

S. 4043--A                          2

  S 2. Subdivision (d) of section 2104 of the uniform city court act, as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  (d)  The  number  of judges of the city court in each city shall be as
provided herein. Full-time judgeships are  specifically  so  designated,
all others are part-time:
   Par.   Name of city
   1    Albany, [four] FIVE full-time [and one part-time];
   2    Amsterdam, one full-time and one part-time;
   3    Auburn, one full-time and one part-time;
   4    Batavia, one full-time and one part-time;
   5    Beacon, one full-time and one part-time;
   6    Binghamton, [two] THREE full-time [and one part-time];
   7    Buffalo, [thirteen] FOURTEEN full-time;
   8    Canandaigua, one full-time and one part-time;
   9    Cohoes, two;
   10   Corning, one full-time and one part-time;
   11   Cortland, one full-time and one part-time;
   12   Dunkirk, one full-time and one part-time;
   13   Elmira, two full-time;
   14   Fulton, one full-time and one part-time;
   15   Geneva, three;
   16   Glen Cove, two;
   17   Glens Falls, one full-time and one part-time;
   18   Gloversville, one full-time and one part-time;
   19   Hornell, two;
   20   Hudson, two;
   21   Ithaca, [one] TWO full-time [and one part-time];
   22   Jamestown, [one] TWO full-time [and one part-time];
   23   Johnstown, two;
   24   Kingston, [one] TWO full-time [and one part-time];
   25   Lackawanna, one full-time and one part-time;
   26   Little Falls, two;
   27   Lockport, [one] TWO full-time [and one part-time];
   28   Long Beach, two full-time;
   29   Mechanicville, two;
   30   Middletown, [one] TWO full-time [and one part-time];
   31   Mount Vernon, three full-time and one part-time;
   32   Newburgh, [two] THREE full-time;
   33   New Rochelle, [two] THREE full-time [and one part-time];
   34   Niagara Falls, four full-time;
   35   North Tonawanda, one full-time and one part-time;
   36   Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
   37   Ogdensburg, one full-time and one part-time;
   38   Olean, one full-time and one part-time;
   39   Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
   40   Oneonta, [two] ONE FULL-TIME AND ONE PART-TIME;
   41   Oswego, one full-time and one part-time;
   42   Peekskill, one full-time and one part-time;
   43   Plattsburgh, one full-time and one part-time;
   44   Port Jervis, two;
   45   Poughkeepsie, two full-time;
   46   Rensselaer, two;
   47   Rochester, [nine] TEN full-time;
   48   Rome, [one] TWO full-time [and one part-time];
   49   Rye, one full-time and one part-time;

S. 4043--A                          3

   50   Salamanca, two;
   51   Saratoga Springs, [one] TWO full-time [and one part-time];
   52   Schenectady, [three] FOUR full-time;
   53   Sherrill, one;
   54   Syracuse, [eight] NINE full-time;
   55   Tonawanda, one full-time and one part-time;
   56   Troy, [one] TWO full-time and one part-time;
   57   Utica, three full-time;
   58   Watertown, [one] TWO full-time [and one part-time];
   59   Watervliet, two;
   60   White Plains, [three] FOUR full-time [and one part-time];
   61   Yonkers, [six] SEVEN full-time.
  S  3.  Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
section 2104 of the uniform city court act, as amended by chapter 493 of
the laws of 2006, are amended to read as follows:
  (i) by the mayor of the city for which the court on which  he  or  she
will serve has been established, with the advice and consent of the city
council:  part-time  city  court  judge  of Beacon, part-time city court
judge of Corning, part-time city court judge of Cortland, part-time city
court judge of Gloversville, city court judge of Glen Cove who serves in
the office that on June first, two thousand one was an appointive office
pursuant to this subparagraph, [part-time city court  judge  of  Ithaca,
part-time]  city  court judge of Jamestown WHO SERVES IN THE OFFICE THAT
WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU-
SAND THIRTEEN, part-time city court judge of Olean, city court judges of
Plattsburgh, city court judge of Port Jervis who serves  in  the  office
that  formerly  was that of acting city court judge of Port Jervis, city
court judges of Rye, city court judge of Salamanca  who  serves  in  the
office  that  formerly  was that of acting city court judge of Salamanca
and the [part-time] city court judge of  Watertown  WHO  SERVES  IN  THE
OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WAS PART-TIME.
  (ii)  by  the city council of the city for which the court on which he
or she will serve has been established: part-time city  court  judge  of
Auburn,  part-time  city  court  judge  of Batavia, part-time city court
judge of Canandaigua, city court judge of Johnstown who  serves  in  the
office  that  formerly was that of acting city court judge of Johnstown,
city court judge of Newburgh who serves in  the  office  that  on  March
thirty-first,  two  thousand  one  was  part-time,  city  court judge of
Norwich who serves in the office that [formerly was that of acting  city
court  judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR COMMENCING
JANUARY FIRST, TWO THOUSAND THIRTEEN, city court  judges  of  Peekskill,
and city court judges of White Plains.
  S  4.  The  opening  paragraph of subparagraph (iii) of paragraph 1 of
subdivision (e) of section 2104  of  the  uniform  city  court  act,  as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  by the mayor of the city for which the court on which he or  she  will
serve  has been established: [part-time city court judge of Binghamton,]
city court judges of Cohoes, part-time  city  court  judge  of  Dunkirk,
part-time  city  court  judge  of Fulton, city court judge of Geneva who
serves in the office that formerly was that of acting city  court  judge
of  Geneva,  city  court  judge of Hornell who serves in the office that
formerly was that of acting city court  judge  of  Hornell,  city  court
judge  of  Hudson  who  serves  in  the office that formerly was that of
acting city court judge of Hudson, [part-time] city court judge of King-
ston WHO SERVES IN THE OFFICE THAT ON MARCH THIRTY-FIRST,  TWO  THOUSAND

S. 4043--A                          4

FOURTEEN  WAS  PART-TIME, part-time city court judge of Lackawanna, city
court judge of Little Falls who serves in the office that  formerly  was
that  of  acting CITY court judge of Little Falls, [part-time city court
judge  of Lockport,] city court judge of Mechanicville who serves in the
office that formerly was that of acting city court  judge  of  Mechanic-
ville,  [part-time]  city  court  judge  of Middletown WHO SERVES IN THE
OFFICE THAT WAS CREATED DURING  THE  CALENDAR  YEAR  COMMENCING  JANUARY
FIRST,  TWO  THOUSAND  THIRTEEN,  part-time  city  court  judge of Mount
Vernon, [part-time] city court judge of New Rochelle [and full-time city
court judge of such city who serves in the  office  created  during  the
calendar  year commencing January first, two thousand one] WHO SERVES IN
THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING  JANUARY
FIRST,  TWO  THOUSAND THIRTEEN AND THE CITY COURT JUDGE OF SUCH CITY WHO
SERVES IN THE OFFICE THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS AN
APPOINTIVE OFFICE PURSUANT TO THIS SUBPARAGRAPH,  part-time  city  court
judge  of  North  Tonawanda,  part-time  city court judge of Ogdensburg,
PART-TIME city court judge of Oneida [who  serves  in  the  office  that
formerly  was that of acting city court judge of Oneida], PART-TIME city
court judge of Oneonta [who serves in the office that formerly was  that
of  acting  city  court judge of Oneonta], part-time city court judge of
Oswego, city court judges of Poughkeepsie, city court judge  of  Rensse-
laer  who  serves  in  the  office that formerly was that of acting city
court judge of Rensselaer, [part-time]  city  court  judge  of  Saratoga
Springs  WHO  SERVES  IN THE OFFICE THAT WAS CREATED DURING THE CALENDAR
YEAR COMMENCING JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  part-time  city
court  judge  of Tonawanda and city court judge of Watervliet who serves
in the office that formerly was that  of  acting  city  court  judge  of
Watervliet.    Provided, however, the following special provisions shall
be applicable in the city of Poughkeepsie:
  S 5. Section 221-i of the judiciary law, as amended by chapter 493  of
the laws of 2006, is amended to read as follows:
  S  221-i.  Salary of judges of the city courts outside the city of New
York. [The] EXCEPT AS OTHERWISE PROVIDED BY CHAPTER FIVE HUNDRED  SIXTY-
SEVEN  OF  THE LAWS OF TWO THOUSAND TEN, THE annual salary of each judge
of a city court outside the city of New York shall be as follows  (where
this  section  provides different salaries for judicial positions on the
same court having the same title, the greater salary shall be  paid  the
person  holding  the  position  paid the greater salary on the day imme-
diately preceding the day on which such salaries took effect):

City                Title

Albany              City Court Judge (FT)              113,900
[Albany             City Court Judge                   54,400]
Amsterdam           City Court Judge (FT)              108,800
Amsterdam           City Court Judge                   27,200
Auburn              City Court Judge (FT)              108,800
Auburn              City Court Judge                   [27,200] 54,400
Batavia             City Court Judge (FT)              108,800
Batavia             City Court Judge                   27,200
Beacon              City Court Judge (FT)              108,800
Beacon              City Court Judge                   27,200
Binghamton          City Court Judge (FT)              108,800
[Binghamton         City Court Judge                   54,400]
Buffalo             Chief Judge (FT)                   115,100
Buffalo             City Court Judge (FT)              113,900

S. 4043--A                          5

Canandaigua         City Court Judge (FT)              108,800
Canandaigua         City Court Judge                   27,200
Cohoes              City Court Judge                   54,400
Corning             City Court Judge (FT)              108,800
Corning             City Court Judge                   27,200
Cortland            City Court Judge (FT)              108,800
Cortland            City Court Judge                   [27,200] 54,400
Dunkirk             City Court Judge (FT)              108,800
Dunkirk             City Court Judge                   27,200
Elmira              City Court Judge (FT)              108,800
Fulton              City Court Judge (FT)              108,800
Fulton              City Court Judge                   27,200
Geneva              City Court Judge                   54,400
Geneva              City Court Judge                   27,200
Glen Cove           City Court Judge                   54,400
Gloversville        City Court Judge (FT)              108,800
Gloversville        City Court Judge                   27,200
Glens Falls         City Court Judge (FT)              108,800
Glens Falls         City Court Judge                   27,200
Hornell             City Court Judge                   54,400
Hornell             City Court Judge                   27,200
Hudson              City Court Judge                   54,400
Hudson              City Court Judge                   27,200
Ithaca              City Court Judge (FT)              108,800
[Ithaca             City Court Judge                   54,400]
Jamestown           City Court Judge (FT)              108,800
[Jamestown          City Court Judge                   54,400]
Johnstown           City Court Judge                   54,400
Johnstown           City Court Judge                   27,200
Kingston            City Court Judge (FT)              108,800
[Kingston           City Court Judge                   54,400]
Lackawanna          City Court Judge (FT)              108,800
Lackawanna          City Court Judge                   54,400
Lockport            City Court Judge (FT)              108,800
[Lockport           City Court Judge                   54,400]
Long Beach          City Court Judge (FT)              118,300
Little Falls        City Court Judge                   27,200
Mechanicville       City Court Judge                   27,200
Middletown          City Court Judge (FT)              108,800
[Middletown         City Court Judge                   54,400]
Mount Vernon        City Court Judge (FT)              118,300
Mount Vernon        City Court Judge                   54,400
Newburgh            City Court Judge (FT)              108,800
Niagara Falls       Chief Judge (FT)                   115,100
Niagara Falls       City Court Judge (FT)              113,900
Norwich             City Court Judge (FT)              [54,400] 108,800
Norwich             City Court Judge                   27,200
New Rochelle        City Court Judge (FT)              118,300
[New Rochelle       City Court Judge                   54,400]
North Tonawanda     City Court Judge (FT)              108,800
North Tonawanda     City Court Judge                   54,400
Ogdensburg          City Court Judge (FT)              108,800
Ogdensburg          City Court Judge                   27,200
Olean               City Court Judge (FT)              108,800
Olean               City Court Judge                   27,200
Oneida              City Court Judge (FT)              [54,400] 108,800

S. 4043--A                          6

Oneida              City Court Judge                   27,200
Oneonta             City Court Judge(FT)               [54,400] 108,800
Oneonta             City Court Judge                   27,200
Oswego              City Court Judge (FT)              108,800
Oswego              City Court Judge                   27,200
Peekskill           City Court Judge (FT)              108,800
Peekskill           City Court Judge                   54,400
Poughkeepsie        City Court Judge (FT)              108,800
Plattsburgh         City Court Judge (FT)              108,800
Plattsburgh         City Court Judge                   27,200
Port Jervis         City Court Judge                   54,400
[Port Jervis        City Court Judge                   27,200]
Rensselaer          City Court Judge                   54,400
Rensselaer          City Court Judge                   27,200
Rochester           Chief Judge (FT)                   115,100
Rochester           City Court Judge (FT)              113,900
Rome                City Court Judge (FT)              113,900
[Rome               City Court Judge                   54,400]
Rye                 City Court Judge (FT)              108,800
Rye                 City Court Judge                   [27,200] 54,400
Salamanca           City Court Judge                   54,400
SALAMANCA           CITY COURT JUDGE                   27,200
Saratoga Springs    City Court Judge (FT)              108,800
[Saratoga Springs   City Court Judge                   54,400]
Schenectady         City Court Judge (FT)              108,800
Sherrill            City Court Judge                   27,200
Syracuse            Chief Judge (FT)                   115,100
Syracuse            City Court Judge (FT)              113,900
Tonawanda           City Court Judge (FT)              108,800
Tonawanda           City Court Judge                   54,400
Troy                City Court Judge (FT)              113,900
Troy                City Court Judge                   81,600
Utica               Chief Judge (FT)                   115,100
Utica               City Court Judge (FT)              113,900
Watertown           City Court Judge (FT)              108,800
[Watertown          City Court Judge                   27,200]
Watervliet          City Court Judge                   54,400
[Watervliet         City Court Judge                   27,200]
White Plains        City Court Judge (FT)              116,800
[White Plains       City Court Judge                   54,400]
Yonkers             Chief Judge (FT)                   119,500
Yonkers             City Court Judge (FT)              118,300
  S  6.  Transition.  Notwithstanding  any  other  provision of law, for
purposes of this act:
  (a) On the effective date of this section:
  (i) each of the following part-time judgeships shall be abolished  and
replaced  by  a  full-time  judgeship: the part-time city court judge of
Albany, the part-time city court judge of Binghamton, the part-time city
court judge of Ithaca, the part-time city court judge of Jamestown,  the
part-time  city  court judge of Kingston, the part-time city court judge
of Lockport, the part-time city judge of Middletown, the part-time  city
court  judge  of New Rochelle, the part-time city court judge of Norwich
whose office is paid the greater compensation on such  date,  the  part-
time city court judge of Oneida whose office is paid the greater compen-
sation  on  such  date,  the part-time city court judge of Oneonta whose
office is paid the greater compensation on such date, the part-time city

S. 4043--A                          7

court judge of Rome, the part-time city court judge of Saratoga Springs,
the part-time city court judge of Watertown and the part-time city court
judge of White Plains.  Each person in a  judgeship  abolished  by  this
subdivision  shall  continue  in service in the full-time judgeship that
replaces such abolished judgeship hereunder for  the  remainder  of  the
term  of office to which he or she was selected in such abolished judge-
ship except that the persons who continue in service  in  the  full-time
judgeships  that  replace the abolished judgeships in the city courts of
Binghamton and Lockport, respectively, shall do  so  until  the  thirty-
first  day  of  December  next succeeding the date on which such term of
office would otherwise expire; and
  (ii) the office of the elected part-time city court judge of Salamanca
shall receive the increase in compensation provided in section 221-i  of
the judiciary law as amended by section five of this act.
  (b)  The  new  offices  of full-time city court judge in the cities of
Buffalo, Newburgh, Rochester, Schenectady, Syracuse, Troy  and  Yonkers,
respectively,  shall  first  be  filled  by election at the next general
election at which they can be filled for a full term to commence January
first next thereafter.  For each of the offices of full-time city  court
judge  established in the cities of Binghamton and Lockport by paragraph
(i) of subdivision (a) of this section, upon the first occurrence  of  a
vacancy  in  such  office  following the effective date of this section,
such office shall be filled by election for a term commencing the  first
day of January next succeeding the election.
  S  7.  (a)  In the event that the compensation to be paid a judge of a
city court, as prescribed by this act or any other provision of law,  is
lower  than  the compensation being paid such judge immediately prior to
the effective date of this section, such judge shall, for as long as  he
or  she holds the office in which he or she is serving on such effective
date, receive such higher compensation (plus any  increases  thereto  as
shall thereafter be provided by law).
  (b)  Notwithstanding  any  provision  of  this act, this act shall not
extend or diminish any term of judicial office commenced  prior  to  the
effective date of this section.
  S  8. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however, that no
changes in the number or compensation of judges, as provided in sections
two and five of this act, may take effect in a city in which a full-time
judgeship replaces a part-time judgeship  pursuant  to  this  act  until
authorized under section six of this act.

2013-S4043B (ACTIVE) - Details

See Assembly Version of this Bill:: A6552
Law Section:: Uniform City Court Act
Laws Affected:: Amd §2104, UCCA; amd §221-i, Judy L

2013-S4043B (ACTIVE) - Summary

Relates to judges of city courts; proposes modifications in many city court judgeships including, in some instances, conversion of part-time positions to full-time status.

2013-S4043B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4043B

TITLE OF BILL:  An act to amend the uniform city court act and the
judiciary law, in relation to judges of city courts

This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge upon the recommendation
of the latter's Ad Hoc City Court Advisory Committee. It proposes
modifications in many City Court judgeships including, in some
instances, conversion of part-time positions to full-time status. It
is a follow-up to similar legislation enacted in 1988, 1995, 2001 and
2006.

                             I. PROPOSAL

For more than 30 years following the State takeover of local court
funding (see L. 1976, c. 966; Judiciary Law § 39), the Judiciary and
the Legislature have collaborated closely to ensure that the structure
and resources of the State's 61 City Courts outside New York City are
well-suited to community needs. Every four or five years, this Office,
with the assistance of a committee of sitting City Court judges
representative of all regions of the State and courts of varying
sizes, undertakes a detailed study of City Court operations around the
State. This study produces a series of recommendations for reform,
which then are passed on to the Legislature for its approval{1}.

Originally intended as a means by which to permit the Legislature
fairly to determine applications by individual city courts for
judgeship upgrades in light of their new status as State courts, this
collaboration has grown increasingly more important as the years have
gone by and the City Courts have taken on more prominent and more
complex roles in the criminal justice system. Today, in 2013, these
courts are on the front-line of that system. Along with the Justice
Courts, they preside over nearly all preliminary felony proceedings
brought outside New York City and oversee the prosecution of most of
the region's quality of life offenses. As importantly, City Courts
have become an important arena in the State's twin battles against
drug crime and family violence. Across the State. many City Courts
have been designated as regional Drug Courts to preside over drug
prosecutions commenced both in their respective cities and in
surrounding towns and villages, refashioning' the paradigm for drug
crime adjudication and contributing mightily to significant reductions
in recidivism and public expense that judicially-supervised treatment
methodologies - the hallmark of Drug Courts - can offer. At the same
time, some City Courts have been de signated as Domestic Violence
courts giving them critical responsibility for superintending
community response to family violence. Other City Courts have taken on
other specialized responsibilities, such as presiding over mental
health and teen parts, requiring them to go well beyond the
traditional passive roles expected of the local criminal courts.

Notably, what ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile lives held
in the balance. In these specialized courts, people who have committed
what typically are low-level offenses appear to be judged, and the
court's ability to do this wisely and creatively can often be the


difference between a productive, law-abiding life and one marked by
greater and more serious crimes.

Even while City Court judges serve these critical roles in the
criminal and family justice arenas, they also must oversee all
landlord and tenant litigation in their communities, as well as all
small claims and commercial claims cases. Moreover, those who are
full-time will sometimes be assigned temporarily to service on County
or Family Court where caseload conditions in those courts are such
that added judicial resources are needed.

In short, more so perhaps than as to any other court in our trial
court system, it is vital that City Courts be maintained in a state of
maximum preparedness to cope with their caseloads. As it now is nine
years since the Judiciary last reported on the needs of the City
Courts and six years since the last comprehensive legislative action
with respect to these courts, we have commissioned another ad hoc
advisory committee to study the City Courts and to make
recommendations for any needed changes in their structure. This
committee has met over the course of the last several years and now
has filed its report and recommendations with us.

This measure would give effect to these recommendations. They include:

o Increase allocations of six regular part-time judgeships and convert
twelve such judgeships to full-time status. Current law provides for
one or more part-time City Court judges in 50 City Courts. See Uniform
City Court Act § 2104(c). In some instances, these judges are intended
to supplement the work of the full-time City Court judge or judges of
the court. In other Courts, where there are no full-time City Court
judges, they perform all the judicial work. In all cases, these
part-time judges are compensated in accordance with a salary scale
first fixed by the Legislature in 1984. Under this scale, as it
operates today, part-time judges are compensated for their service in
an amount equal to one-quarter or one-half the salary of a full-time
judge. See Judiciary Law § 221-i. The rate for each position has been
fixed in accordance with prevailing views as to the level of regular
service that properly can be expected of the judge that fills it{2}.

As the Legislature already has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally,
to change the status of a City Court judgeship from part-time to
full-time. In many instances, changes in local demographics or, more
recently, the nature of the court's workload (e.g., its assumption of
specialty court responsibilities - responsibilities that magnify its
normal workload exponentially) moot the expectations that were the
foundation for a City Court's original judgeship allocation. In most
instances, that allocation was the product of another, past
generation, and instituted when caseloads were smaller and local
governments had to bear the costs of City Court operations. It does
not reflect the reality of those operations in 2013. Accordingly, as
we have done in the past, we now propose a slate of judgeship
adjustments that will bring the City Courts up to date (see Appendix A
for a list). These adjustments include upgrades for selected
one-quarter salaried judgeships and conversion of some 15 part-time
judgeships to full-time status{3}.


o Establish new full-time judgeships. In past submissions of this
nature, we have proposed creation of new judgeships for selected City
Courts. In some instances, court workloads have been such that
upgrades in existing judgeships are neither possible or impractical.
Thus, over the years, we've asked the Legislature to establish new
judgeships in Syracuse, Albany, Schenectady, Buffalo and Rochester
-and the Legislature has complied. In this measure, we do so again,
and for the same reason, in the cities of Buffalo. Newburgh,
Rochester, Schenectady, Syracuse, Troy and Yonkers.

o Expand residency requirement. Under present law, the general rule is
that each City Court judge must reside in the city in which he or she
serves. There are numerous exceptions to this rule, however. In venues
where experience has demonstrated that it is difficult to find a
sufficient pool of lawyers willing to serve on City Court, the
Legislature, with the agreement of local officials, has expanded the
residency requirement, typically to permit the judge of a City Court
in one of those venues to reside anywhere in the surrounding county.
This measure would add to the list of exceptions the City Court of
Watervliet. There, local officials have expressed a wish that the
residency rule permit any resident of Albany County to be eligible to
serve in one of the two judgeships allocated to the Court.

o Change from appointive to elective status for the appointive
judgeships in Ithaca and Lockport. A preponderance of the State's 163
City Court judges are elected. The remainder are appointed, generally
by City Mayors. This year, at local request -i.e., at the request of
the mayor and City Court judges of each affected City - we are asking
that the existing appointive positions in Binghamton, Ithaca and
Lockport be converted to elective.

                              II PROCESS

The Committee's recommendations for City Court judicial personnel
reflect not only the Committee's consideration of a series of
objective criteria but also a process of statewide consultation with
mayors, judges and other stakeholders in the justice system. Among the
quantitative factors the Committee considered in determining the
proper allocation of City Court judgeships are:

> Caseloads - including total cases, cases per capita, and annual
civil, criminal misdemeanor and criminal felony caseload growth
trends;

> Demographics - including population changes, economic factors and
crime predictor data that may presage future caseloads;

>Judicial resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court and Domestic Violence
Court cases) that are resource intensive, the availability of other
judges in the affected City Court and other City Courts in the county,
and the need to temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and

> Facilities - including the suitability and sufficiency of existing
courtrooms and other facilities to accommodate the proposed new and
expanded judgeships.


                              * * * * *

As in the early 1980's, 1994, 1998 and 2003, we offer this proposal
confident that it will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice
in urban communities across New York State. Along with members of our
Ad Hoc Committee, we urge enactment of this measure and look forward
to working with the Legislature to ensure the continued vitality of
New York State's local justice system.

This measure will take effect on April 1 following its enactment.
Accordingly, it will have no fiscal impact on the State in FY 2013-14.

2009-10 Legislative History:  Senate 5807-B (Sampson) (PASSED)
Assembly 8976-A (Canestrari) (rept ref to Ways & Means)

2011-12 Legislative History:  Senate 4596 (Bonacic) (reported to
Finance) Assembly 7207 (Canestrari) (rept ref to Ways & Means)

2013 Legislative History:  Senate 4043-A (Sen. Bonacic) (Finance)
Assembly 6552-A (M. of A. Morelle, et al) (Ways & Means)

{1} As noted, the Legislature has approved these submissions in the
past In 1984, it approved a uniform salary structure for part-time
City Court judges. L. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in
favor of a single enabling court statute in the Uniform City Court
Act, institution of a uniform $15,000 jurisdictional ceiling, merger
of multiple courts into a single court in those cities having
bifurcated or trifurcated court structures, creation of some new
full-time judgeships, conversion of some part-time judgeships to
full-time status and upgrades in the status of other part-time
judgeships. L. 1988, c. 397. In 1995, the Legislature again approved
recommendations calling for creation of new judgeships and conversion
and upgrading of others. L. 1995, c. 463.  In 1998 and 1999, the
Legislature approved another recommendation - this one calling for
amendment of section 26 of Article VI of the State Constitution to
permit full-time City Court judges to be assigned to temporary service
on County and Family Courts, In 2001, the Legislature approved another
package of recommendations calling for creation of new judgeships and
conversion and upgrading of others. L. 2001, c. 584. All of these
recommendations were the product of ad hoc committees of City Court
judges assembled by the Judiciary in the early-1980's, 1994. 1998 and
2003, respectively.  Most recently, the Legislature approved
recommendations yielding creation of further new judgeships and
conversion and upgrading of many others - including elimination of the
position of Acting City Court Judge. L. 2006, c. 493.

{2} Effective April 1, 2012, this salary range will be from $31,900 to
$63,700. While there is no specific statutory direction that the
actual amount of service given by each judge, as a percentage of his
or her work week, correspond to the fraction of full-time service
represented by his or her compensation, it has informally been the
administrative practice over the years to expect that that be so.

{3} Persons holding the office of full-time City Court judge are not
permitted to practice law. Note that, prior to filing this measure


with the Legislature, all proposed changes in judgeships were shared
with all City Mayors and City Court judges across the State. All
changes are submitted with the approval of the Mayors and judges of
each city affected.

APPENDIX A
TABLE OF CHANGES
City          Present      Proposed
              Allocation   Allocation       When Change Effective

Albany        4FT          5FT              4/1/14
              1PT(1/2)

Amsterdam     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Auburn        1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Batavia       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Beacon        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Binghamton    2FT          3FT              4/1/14
              1PT(1/2)

Buffalo       13FT         14FT             1/1/15

Canandaigua   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cohoes        2PT(1/2)     2PT(1/2)         NO CHANGE

Corning       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cortland      1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Dunkirk       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Elmira        2FT          2FT              NO CHANGE

Fulton        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Geneva        1PT(1/2)     1PT(1/2)         NO CHANGE
              2PT(1/4)     2PT(1/4)

Glen Cove     2PT(1/2)     2PT(1/2)         NO CHANGE

Glens Falls   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)


Gloversville  1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Hornell       1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Hudson        1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Ithaca        1FT          2FT              4/1/14
              1PT(1/2)

Jamestown     1FT          2FT              4/1/14
              1PT(1/2)

Johnstown     1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Kingston      1FT          2FT              NO CHANGE
              1PT(1/2)

Lackawanna    1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Little Falls  2PT(1/4)     2PT(1/4)         NO CHANGE

Lockport      1FT          2FT              4/1/14
              1PT(1/2)

Long Beach    2FT          2FT              NO CHANGE

Mechanic-
ville         2PT(1/4)     2PT(1/4)         NO CHANGE

Middletown    1FT          2FT              4/1/14
              1PT(1/2)

Mt. Vernon    3FT          3FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Newburgh      2FT          3FT              1/1/15

New
Rochelle      2FT          3FT              4/1/14
              1PT(1/2)

Niagara Falls 4FT          4FT              NO CHANGE

N. Tonawanda  1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Norwich       1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Ogdensburg    1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)


Olean         1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Oneida        1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Oneonta       1PT(1/2)     1FT              4/1/14
              1PT(1/4)     1PT(1/4)

Oswego        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Peekskill     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Plattsburgh   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Port Jervis   1PT(1/2)     1PT (1/2)        4/1/14
              1PT(1/4)     1PT(1/2)

Poughkeepsie  2FT          2FT              NO CHANGE

Rensselaer    1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Rochester     9FT         10FT              1/1/15

Rome          1FT          2FT              4/1/14
              1PT(1/4)

Rye           1FT          1FT              4/1/14
              1PT(1/4)     1PT(1/2)

Salamanca     2PT(1/4)     1PT(1/2)         4/1/14
                           1PT(1/4)

Saratoga      1FT          2FT              4/1/14
Springs       1PT(1/2)

Schenectady   3FT          4FT              1/1/15

Sherrill      1PT(1/4)     1PT(1/4)         NO CHANGE

Syracuse      8FT          9FT              1/1/15

Tonawanda     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Troy          1FT          2FT              1/1/15
              1PT(3/4)     1PT(3/4)

Utica         3FT          3FT              NO CHANGE

Watertown     1FT          2FT              4/1/14
              1PT(1/4)


Watervliet    1PT(1/2)     2PT(1/2)         4/1/13
              1PT(1/4)

White Plains  3FT          4FT              4/1/13
              1PT(1/2)

Yonkers        6FT         7FT              1/1/15

2013-S4043B (ACTIVE) - Bill Text download pdf

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

                                 4043--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably  from said committee and committed to the
  Committee on Finance -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the uniform city court act and the judiciary law, in
  relation to judges of city courts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  1  of  subdivision  (b) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws  of  2006,
is amended to read as follows:
  (1) be an attorney admitted to practice law in this state for at least
five  years as of the date he or she commences the duties of office, and
be a resident of the city in which he or she is  elected  or  appointed,
except that the judges of the Sherrill city court may reside anywhere in
either  Oneida  or  Madison counties, the city court judge who serves in
the office that formerly was that of acting judge  of  the  Oneida  city
court may reside anywhere in Madison county, the judges of the Peekskill
city  court  may  reside  anywhere in Westchester county, the city court
judge who serves in the office that formerly was that of acting judge of
the Port Jervis city court may reside anywhere  in  either  Sullivan  or
Orange counties, the judges of the Hudson city court may reside anywhere
in  Columbia  county, the city court judge who serves in the office that
formerly was that of acting judge of the Mechanicville  city  court  may
reside  anywhere  in  Saratoga county, the judges of the Ogdensburg city
court may reside anywhere in St. Lawrence  county,  the  judges  of  the
Rensselaer  city  court may reside anywhere in Rensselaer county and one
judge of the Cohoes city court AND THE CITY COURT JUDGE  WHO  SERVES  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09321-06-3

S. 4043--B                          2

THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.
  S 2. Subdivision (d) of section 2104 of the uniform city court act, as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  (d) The number of judges of the city court in each city  shall  be  as
provided  herein.  Full-time  judgeships are specifically so designated,
all others are part-time:
   Par.   Name of city
   1    Albany, [four] FIVE full-time [and one part-time];
   2    Amsterdam, one full-time and one part-time;
   3    Auburn, one full-time and one part-time;
   4    Batavia, one full-time and one part-time;
   5    Beacon, one full-time and one part-time;
   6    Binghamton, [two] THREE full-time [and one part-time];
   7    Buffalo, [thirteen] FOURTEEN full-time;
   8    Canandaigua, one full-time and one part-time;
   9    Cohoes, two;
   10   Corning, one full-time and one part-time;
   11   Cortland, one full-time and one part-time;
   12   Dunkirk, one full-time and one part-time;
   13   Elmira, two full-time;
   14   Fulton, one full-time and one part-time;
   15   Geneva, three;
   16   Glen Cove, two;
   17   Glens Falls, one full-time and one part-time;
   18   Gloversville, one full-time and one part-time;
   19   Hornell, two;
   20   Hudson, two;
   21   Ithaca, [one] TWO full-time [and one part-time];
   22   Jamestown, [one] TWO full-time [and one part-time];
   23   Johnstown, two;
   24   Kingston, [one] TWO full-time [and one part-time];
   25   Lackawanna, one full-time and one part-time;
   26   Little Falls, two;
   27   Lockport, [one] TWO full-time [and one part-time];
   28   Long Beach, two full-time;
   29   Mechanicville, two;
   30   Middletown, [one] TWO full-time [and one part-time];
   31   Mount Vernon, three full-time and one part-time;
   32   Newburgh, [two] THREE full-time;
   33   New Rochelle, [two] THREE full-time [and one part-time];
   34   Niagara Falls, four full-time;
   35   North Tonawanda, one full-time and one part-time;
   36   Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
   37   Ogdensburg, one full-time and one part-time;
   38   Olean, one full-time and one part-time;
   39   Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
   40   Oneonta, two;
   41   Oswego, one full-time and one part-time;
   42   Peekskill, one full-time and one part-time;
   43   Plattsburgh, one full-time and one part-time;
   44   Port Jervis, two;
   45   Poughkeepsie, two full-time;
   46   Rensselaer, two;
   47   Rochester, [nine] TEN full-time;

S. 4043--B                          3

   48   Rome, [one] TWO full-time [and one part-time];
   49   Rye, one full-time and one part-time;
   50   Salamanca, two;
   51   Saratoga Springs, [one] TWO full-time [and one part-time];
   52   Schenectady, [three] FOUR full-time;
   53   Sherrill, one;
   54   Syracuse, [eight] NINE full-time;
   55   Tonawanda, one full-time and one part-time;
   56   Troy, [one] TWO full-time and one part-time;
   57   Utica, three full-time;
   58   Watertown, [one] TWO full-time [and one part-time];
   59   Watervliet, two;
   60   White Plains, [three] FOUR full-time [and one part-time];
   61   Yonkers, [six] SEVEN full-time.
  S  3.  Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
section 2104 of the uniform city court act, as amended by chapter 493 of
the laws of 2006, are amended to read as follows:
  (i) by the mayor of the city for which the court on which  he  or  she
will serve has been established, with the advice and consent of the city
council:  part-time  city  court  judge  of Beacon, part-time city court
judge of Corning, part-time city court judge of Cortland, part-time city
court judge of Gloversville, city court judge of Glen Cove who serves in
the office that on June first, two thousand one was an appointive office
pursuant to this subparagraph, [part-time city court  judge  of  Ithaca,
part-time]  city  court judge of Jamestown WHO SERVES IN THE OFFICE THAT
WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU-
SAND THIRTEEN, part-time city court judge of Olean, city court judges of
Plattsburgh, city court judge of Port Jervis who serves  in  the  office
that  formerly  was that of acting city court judge of Port Jervis, city
court judges of Rye, city court judge of Salamanca  who  serves  in  the
office  that  formerly  was that of acting city court judge of Salamanca
and the [part-time] city court judge of  Watertown  WHO  SERVES  IN  THE
OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WAS PART-TIME.
  (ii)  by  the city council of the city for which the court on which he
or she will serve has been established: part-time city  court  judge  of
Auburn,  part-time  city  court  judge  of Batavia, part-time city court
judge of Canandaigua, city court judge of Johnstown who  serves  in  the
office  that  formerly was that of acting city court judge of Johnstown,
city court judge of Newburgh who serves in  the  office  that  on  March
thirty-first,  two  thousand  one  was  part-time,  city  court judge of
Norwich who serves in the office that [formerly was that of acting  city
court  judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR COMMENCING
JANUARY FIRST, TWO THOUSAND THIRTEEN, city court  judges  of  Peekskill,
and city court judges of White Plains.
  S  4.  The  opening  paragraph of subparagraph (iii) of paragraph 1 of
subdivision (e) of section 2104  of  the  uniform  city  court  act,  as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  by the mayor of the city for which the court on which he or  she  will
serve  has been established: [part-time city court judge of Binghamton,]
city court judges of Cohoes, part-time  city  court  judge  of  Dunkirk,
part-time  city  court  judge  of Fulton, city court judge of Geneva who
serves in the office that formerly was that of acting city  court  judge
of  Geneva,  city  court  judge of Hornell who serves in the office that
formerly was that of acting city court  judge  of  Hornell,  city  court
judge  of  Hudson  who  serves  in  the office that formerly was that of

S. 4043--B                          4

acting city court judge of Hudson, [part-time] city court judge of King-
ston WHO SERVES IN THE OFFICE THAT ON MARCH THIRTY-FIRST,  TWO  THOUSAND
FOURTEEN  WAS  PART-TIME, part-time city court judge of Lackawanna, city
court  judge  of Little Falls who serves in the office that formerly was
that of acting CITY court judge of Little Falls, [part-time  city  court
judge  of Lockport,] city court judge of Mechanicville who serves in the
office that formerly was that of acting city court  judge  of  Mechanic-
ville,  [part-time]  city  court  judge  of Middletown WHO SERVES IN THE
OFFICE THAT WAS CREATED DURING  THE  CALENDAR  YEAR  COMMENCING  JANUARY
FIRST,  TWO  THOUSAND  THIRTEEN,  part-time  city  court  judge of Mount
Vernon, [part-time] city court judge of New Rochelle [and full-time city
court judge of such city who serves in the  office  created  during  the
calendar  year commencing January first, two thousand one] WHO SERVES IN
THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING  JANUARY
FIRST,  TWO  THOUSAND THIRTEEN AND THE CITY COURT JUDGE OF SUCH CITY WHO
SERVES IN THE OFFICE THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS AN
APPOINTIVE OFFICE PURSUANT TO THIS SUBPARAGRAPH,  part-time  city  court
judge  of  North  Tonawanda,  part-time  city court judge of Ogdensburg,
PART-TIME city court judge of Oneida [who  serves  in  the  office  that
formerly  was  that  of  acting  city court judge of Oneida], city court
judge of Oneonta who serves in the office  that  formerly  was  that  of
acting  city court judge of Oneonta, part-time city court judge of Oswe-
go, city court judges of Poughkeepsie, city court  judge  of  Rensselaer
who  serves  in  the  office that formerly was that of acting city court
judge of Rensselaer, [part-time] city court judge  of  Saratoga  Springs
WHO  SERVES  IN  THE  OFFICE  THAT  WAS CREATED DURING THE CALENDAR YEAR
COMMENCING JANUARY FIRST, TWO THOUSAND THIRTEEN,  part-time  city  court
judge  of Tonawanda and city court judge of Watervliet who serves in the
office that formerly was that of acting city court judge of  Watervliet.
Provided,  however, the following special provisions shall be applicable
in the city of Poughkeepsie:
  S 5. Section 221-i of the judiciary law, as amended by chapter 493  of
the laws of 2006, is amended to read as follows:
  S  221-i.  Salary of judges of the city courts outside the city of New
York. [The] EXCEPT AS OTHERWISE PROVIDED BY CHAPTER FIVE HUNDRED  SIXTY-
SEVEN  OF  THE LAWS OF TWO THOUSAND TEN, THE annual salary of each judge
of a city court outside the city of New York shall be as follows  (where
this  section  provides different salaries for judicial positions on the
same court having the same title, the greater salary shall be  paid  the
person  holding  the  position  paid the greater salary on the day imme-
diately preceding the day on which such salaries took effect):

City                Title

Albany              City Court Judge (FT)              113,900
[Albany             City Court Judge                   54,400]
Amsterdam           City Court Judge (FT)              108,800
Amsterdam           City Court Judge                   27,200
Auburn              City Court Judge (FT)              108,800
Auburn              City Court Judge                   [27,200] 54,400
Batavia             City Court Judge (FT)              108,800
Batavia             City Court Judge                   27,200
Beacon              City Court Judge (FT)              108,800
Beacon              City Court Judge                   27,200
Binghamton          City Court Judge (FT)              108,800
[Binghamton         City Court Judge                   54,400]

S. 4043--B                          5

Buffalo             Chief Judge (FT)                   115,100
Buffalo             City Court Judge (FT)              113,900
Canandaigua         City Court Judge (FT)              108,800
Canandaigua         City Court Judge                   27,200
Cohoes              City Court Judge                   54,400
Corning             City Court Judge (FT)              108,800
Corning             City Court Judge                   27,200
Cortland            City Court Judge (FT)              108,800
Cortland            City Court Judge                   [27,200] 54,400
Dunkirk             City Court Judge (FT)              108,800
Dunkirk             City Court Judge                   27,200
Elmira              City Court Judge (FT)              108,800
Fulton              City Court Judge (FT)              108,800
Fulton              City Court Judge                   27,200
Geneva              City Court Judge                   54,400
Geneva              City Court Judge                   27,200
Glen Cove           City Court Judge                   54,400
Gloversville        City Court Judge (FT)              108,800
Gloversville        City Court Judge                   27,200
Glens Falls         City Court Judge (FT)              108,800
Glens Falls         City Court Judge                   27,200
Hornell             City Court Judge                   54,400
Hornell             City Court Judge                   27,200
Hudson              City Court Judge                   54,400
Hudson              City Court Judge                   27,200
Ithaca              City Court Judge (FT)              108,800
[Ithaca             City Court Judge                   54,400]
Jamestown           City Court Judge (FT)              108,800
[Jamestown          City Court Judge                   54,400]
Johnstown           City Court Judge                   54,400
Johnstown           City Court Judge                   27,200
Kingston            City Court Judge (FT)              108,800
[Kingston           City Court Judge                   54,400]
Lackawanna          City Court Judge (FT)              108,800
Lackawanna          City Court Judge                   54,400
Lockport            City Court Judge (FT)              108,800
[Lockport           City Court Judge                   54,400]
Long Beach          City Court Judge (FT)              118,300
Little Falls        City Court Judge                   27,200
Mechanicville       City Court Judge                   27,200
Middletown          City Court Judge (FT)              108,800
[Middletown         City Court Judge                   54,400]
Mount Vernon        City Court Judge (FT)              118,300
Mount Vernon        City Court Judge                   54,400
Newburgh            City Court Judge (FT)              108,800
Niagara Falls       Chief Judge (FT)                   115,100
Niagara Falls       City Court Judge (FT)              113,900
Norwich             City Court Judge (FT)              [54,400] 108,800
Norwich             City Court Judge                   27,200
New Rochelle        City Court Judge (FT)              118,300
[New Rochelle       City Court Judge                   54,400]
North Tonawanda     City Court Judge (FT)              108,800
North Tonawanda     City Court Judge                   54,400
Ogdensburg          City Court Judge (FT)              108,800
Ogdensburg          City Court Judge                   27,200
Olean               City Court Judge (FT)              108,800

S. 4043--B                          6

Olean               City Court Judge                   27,200
Oneida              City Court Judge (FT)              [54,400] 108,800
Oneida              City Court Judge                   27,200
Oneonta             City Court Judge                   54,400
Oneonta             City Court Judge                   27,200
Oswego              City Court Judge (FT)              108,800
Oswego              City Court Judge                   27,200
Peekskill           City Court Judge (FT)              108,800
Peekskill           City Court Judge                   54,400
Poughkeepsie        City Court Judge (FT)              108,800
Plattsburgh         City Court Judge (FT)              108,800
Plattsburgh         City Court Judge                   27,200
Port Jervis         City Court Judge                   54,400
[Port Jervis        City Court Judge                   27,200]
Rensselaer          City Court Judge                   54,400
Rensselaer          City Court Judge                   27,200
Rochester           Chief Judge (FT)                   115,100
Rochester           City Court Judge (FT)              113,900
Rome                City Court Judge (FT)              113,900
[Rome               City Court Judge                   54,400]
Rye                 City Court Judge (FT)              108,800
Rye                 City Court Judge                   [27,200] 54,400
Salamanca           City Court Judge                   54,400
SALAMANCA           CITY COURT JUDGE                   27,200
Saratoga Springs    City Court Judge (FT)              108,800
[Saratoga Springs   City Court Judge                   54,400]
Schenectady         City Court Judge (FT)              108,800
Sherrill            City Court Judge                   27,200
Syracuse            Chief Judge (FT)                   115,100
Syracuse            City Court Judge (FT)              113,900
Tonawanda           City Court Judge (FT)              108,800
Tonawanda           City Court Judge                   54,400
Troy                City Court Judge (FT)              113,900
Troy                City Court Judge                   81,600
Utica               Chief Judge (FT)                   115,100
Utica               City Court Judge (FT)              113,900
Watertown           City Court Judge (FT)              108,800
[Watertown          City Court Judge                   27,200]
Watervliet          City Court Judge                   54,400
[Watervliet         City Court Judge                   27,200]
White Plains        City Court Judge (FT)              116,800
[White Plains       City Court Judge                   54,400]
Yonkers             Chief Judge (FT)                   119,500
Yonkers             City Court Judge (FT)              118,300
  S  6.  Transition.  Notwithstanding  any  other  provision of law, for
purposes of this act:
  (a) On the effective date of this section:
  (i) each of the following part-time judgeships shall be abolished  and
replaced  by  a  full-time  judgeship: the part-time city court judge of
Albany, the part-time city court judge of Binghamton, the part-time city
court judge of Ithaca, the part-time city court judge of Jamestown,  the
part-time  city  court judge of Kingston, the part-time city court judge
of Lockport, the part-time city judge of Middletown, the part-time  city
court  judge  of New Rochelle, the part-time city court judge of Norwich
whose office is paid the greater compensation on such  date,  the  part-
time city court judge of Oneida whose office is paid the greater compen-

S. 4043--B                          7

sation  on  such date, the part-time city court judge of Rome, the part-
time city court judge of Saratoga  Springs,  the  part-time  city  court
judge  of  Watertown and the part-time city court judge of White Plains.
Each  person in a judgeship abolished by this subdivision shall continue
in service in the  full-time  judgeship  that  replaces  such  abolished
judgeship  hereunder for the remainder of the term of office to which he
or she was selected in such abolished judgeship except that the  persons
who  continue  in  service  in the full-time judgeships that replace the
abolished judgeships in the city  courts  of  Binghamton  and  Lockport,
respectively,  shall  do  so until the thirty-first day of December next
succeeding the date on which such term of office would otherwise expire;
and
  (ii) the office of the elected part-time city court judge of Salamanca
shall receive the increase in compensation provided in section 221-i  of
the judiciary law as amended by section five of this act.
  (b)  The  new  offices  of full-time city court judge in the cities of
Buffalo, Newburgh, Rochester, Schenectady, Syracuse, Troy  and  Yonkers,
respectively,  shall  first  be  filled  by election at the next general
election at which they can be filled for a full term to commence January
first next thereafter.  For each of the offices of full-time city  court
judge  established in the cities of Binghamton and Lockport by paragraph
(i) of subdivision (a) of this section, upon the first occurrence  of  a
vacancy  in  such  office  following the effective date of this section,
such office shall be filled by election for a term commencing the  first
day of January next succeeding the election.
  S  7.  (a)  In the event that the compensation to be paid a judge of a
city court, as prescribed by this act or any other provision of law,  is
lower  than  the compensation being paid such judge immediately prior to
the effective date of this section, such judge shall, for as long as  he
or  she holds the office in which he or she is serving on such effective
date, receive such higher compensation (plus any  increases  thereto  as
shall thereafter be provided by law).
  (b)  Notwithstanding  any  provision  of  this act, this act shall not
extend or diminish any term of judicial office commenced  prior  to  the
effective date of this section.
  S  8. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however, that no
changes in the number or compensation of judges, as provided in sections
two and five of this act, may take effect in a city in which a full-time
judgeship replaces a part-time judgeship  pursuant  to  this  act  until
authorized under section six of this act.

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Senate Bill S4043B

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Sponsored By

John J. Bonacic

Archive: Last Bill Status Via A6552 - Signed by Governor

Bill Amendments

2013-S4043 - Details

2013-S4043 - Summary

2013-S4043 - Sponsor Memo

2013-S4043 - Bill Text download pdf

2013-S4043A - Details

2013-S4043A - Summary

2013-S4043A - Sponsor Memo

2013-S4043A - Bill Text download pdf

2013-S4043B (ACTIVE) - Details

2013-S4043B (ACTIVE) - Summary

2013-S4043B (ACTIVE) - Sponsor Memo

2013-S4043B (ACTIVE) - Bill Text download pdf

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