S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3086
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the judiciary law, in  relation  to  the  timeliness  of
   judicial decisions
 
   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 49  to
 read as follows:
   §  49. TIMELY JUDICIAL DECISIONS. 1. A JUDGE SHALL RENDER DECISIONS ON
 MOTIONS AND ISSUE NON-JURY VERDICTS IN A TIMELY MANNER.
   2. TIMELY IS DEFINED AS BEING NO LATER THAN NINE MONTHS FROM THE  DATE
 THE  PARTIES  HAVE  FULLY SUBMITTED THE MATTER FOR THE JUDGE'S CONSIDER-
 ATION.
   3. THE FAILURE TO MAKE A TIMELY DECISION SHALL BE  CONSIDERED  MISCON-
 DUCT.   THE CLERK OF THE COURT SHALL REFER ANY UNTIMELY DECISIONS TO THE
 COMMISSION FOR CONSIDERATION OF POSSIBLE DISCIPLINE OF THE JUDGE.
   4. A JUDGE SHALL NOT INTERFERE WITH THE CLERK'S DUTY TO TRANSMIT  SUCH
 INFORMATION TO THE COMMISSION. ANY SUCH INTERFERENCE MAY SUBJECT A JUDGE
 TO REMOVAL FROM OFFICE.
   5.  THE  COMMISSION  SHALL REMOVE FROM OFFICE ANY JUDGE FOUND TO BE IN
 VIOLATION OF THIS SECTION MORE THAN FIVE TIMES, AND MAY ISSUE SUCH LESS-
 ER PENALTIES AS IT DEEMS APPROPRIATE FOR LESS NUMEROUS VIOLATIONS.
   6. A JUDGE SHALL BE REMOVED FROM OFFICE FOR FAILURE TO RENDER A  DECI-
 SION  ON  A  MOTION OR A NON-JURY VERDICT WITHIN TWO YEARS FROM THE DATE
 THE PARTIES HAVE FULLY SUBMITTED THE MATTER FOR  THE  JUDGE'S  CONSIDER-
 ATION.
   7. WITH RESPECT TO MATTERS CURRENTLY PENDING BEFORE A JUDGE WHICH HAVE
 NOT  BEEN  DECIDED WITHIN THE TIME LIMIT SET FORTH IN SUBDIVISION SIX OF
 THIS SECTION, THE JUDGE SHALL HAVE SIX MONTHS TO RENDER A  TIMELY  DECI-
 SION.  IF A DECISION IS NOT RENDERED WITHIN SUCH TIME, ALL PENALTIES SET
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04002-01-1
              

 A. 3086                             2
 
 FORTH IN THIS STATUTE SHALL APPLY, INCLUDING THE PENALTY  PRESCRIBED  IN
 SUBDIVISION SIX OF THIS SECTION.
   8.  A  JUDGE  MAY BE EXCUSED FROM COMPLIANCE FOR EXTRAORDINARY CIRCUM-
 STANCES AS SUCH ARE DETERMINED BY THE COMMISSION OR  WHEN  A  JUDGE  HAS
 REQUESTED  THAT  THE  CHIEF  ADMINISTRATIVE JUDGE TRANSFER THE MATTER TO
 ANOTHER JUDGE WHEN HE OR SHE HAS A GOOD FAITH BASIS FOR BELIEVING HE  OR
 SHE CANNOT DECIDE THE MATTER IN A TIMELY FASHION.
   § 2. This act shall take effect January 1, 2023.