Assembly Bill A9542A

Signed By Governor
2019-2020 Legislative Session

Requires judges who recuse themselves to provide the reason for the recusal

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Archive: Last Bill Status Via S8831 - 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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Bill Amendments

2019-A9542 - Details

See Senate Version of this Bill:
S8831
Law Section:
Judiciary Law
Laws Affected:
Add §9, Judy L

2019-A9542 - Summary

Requires judges who recuse themselves to provide the reason for the recusal; provides an exception when the reason for the recusal will result in embarrassment or is of a personal nature.

2019-A9542 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9542
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to requiring  judges  who
   recuse themselves to provide the reason for the recusal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The judiciary law is amended by adding a new section  9  to
 read as follows:
   §  9.  RECUSAL;  REASON. ANY JUDGE WHO RECUSES HIMSELF OR HERSELF FROM
 SITTING IN OR TAKING ANY PART IN  THE  DECISION  OF  AN  ACTION,  CLAIM,
 MATTER,  MOTION  OR PROCEEDING SHALL PROVIDE THE REASON FOR SUCH RECUSAL
 IN WRITING OR ON THE RECORD; PROVIDED, HOWEVER, THAT NO JUDGE  SHALL  BE
 REQUIRED  TO  PROVIDE  A WRITTEN REASON FOR SUCH RECUSAL WHEN THE REASON
 WILL RESULT IN EMBARRASSMENT, OR IS OF  A  COMPELLING  PERSONAL  NATURE,
 AFFECTING  THE  PRIVACY  OF  THE  JUDGE OR A PERSON RELATED TO THE JUDGE
 WITHIN THE SIXTH DEGREE BY CONSANGUINITY OR AFFINITY.
   § 2. This act shall take effect immediately.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14485-02-9

2019-A9542A (ACTIVE) - Details

See Senate Version of this Bill:
S8831
Law Section:
Judiciary Law
Laws Affected:
Add §9, Judy L

2019-A9542A (ACTIVE) - Summary

Requires judges who recuse themselves to provide the reason for the recusal; provides an exception when the reason for the recusal will result in embarrassment or is of a personal nature.

2019-A9542A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9542--A
                                                            R. R. 189
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Judiciary -- reported and referred to the Committee on Rules --
   amended on the special order of third reading,  ordered  reprinted  as
   amended, retaining its place on the special order of third reading

 AN  ACT  to amend the judiciary law, in relation to requiring judges who
   recuse themselves to provide the reason for the recusal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The judiciary law is amended by adding a new section 9 to
 read as follows:
   § 9. RECUSAL; REASON. ANY JUDGE WHO RECUSES HIMSELF  OR  HERSELF  FROM
 SITTING  IN  OR  TAKING  ANY  PART  IN THE DECISION OF AN ACTION, CLAIM,
 MATTER, MOTION OR PROCEEDING SHALL PROVIDE THE REASON FOR  SUCH  RECUSAL
 IN  WRITING  OR ON THE RECORD; PROVIDED, HOWEVER, THAT NO JUDGE SHALL BE
 REQUIRED TO PROVIDE A REASON FOR SUCH RECUSAL WHEN THE REASON MAY RESULT
 IN EMBARRASSMENT, OR IS OF A PERSONAL NATURE, AFFECTING THE JUDGE  OR  A
 PERSON  RELATED TO THE JUDGE WITHIN THE SIXTH DEGREE BY CONSANGUINITY OR
 AFFINITY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14485-05-0

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