S T A T E O F N E W Y O R K
________________________________________________________________________
4379
2021-2022 Regular Sessions
I N S E N A T E
February 4, 2021
___________
Introduced by Sens. HOYLMAN, MAYER -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to making technical
changes to provisions providing for certification for service as a
retired judge of the court of appeals or a retired justice of the
supreme court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 114 of the judiciary law, as added by chapter 704
of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws
of 1981, is amended to read as follows:
§ 114. Retired judges of the court of appeals. 1. Any judge of the
court of appeals, retired pursuant to subdivision b of section twenty-
five of article six of the constitution, [may] SHALL, upon his OR HER
application, be certified by the administrative board for service as a
justice of the supreme court upon findings (a) that he OR SHE has the
mental and physical capacity to perform the duties of such office and
(b) that his OR HER services are necessary to expedite the business of
the supreme court. A copy of such certificate shall be filed with the
appellate division of the department in which such retired judge resides
and in the office of court administration.
2. Any such certification shall be valid for a term of two years
beginning on the date of filing the certificate. At the expiration of
such term, the retired judge [may] SHALL be certified for additional
terms of two years each by the administrative board upon findings of
continued mental and physical capacity and need for his OR HER services.
No retired judge may serve under any such certification beyond the last
day of December in the year in which he OR SHE reaches the age of seven-
ty-six.
3. A retired judge so certified shall for all purposes, other than
determining the number of justices in a judicial district for the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08696-02-1
S. 4379 2
purposes of subdivision d of section six of article six of the constitu-
tion and section one hundred forty-a of this chapter, but including
powers, duties, salary, status and rights, be a justice of the supreme
court in the district in which he OR SHE resides when so certified. A
retired judge shall be subject to assignment by the appellate division
of the supreme court of the judicial department of his OR HER residence.
4. The provisions of this section shall also be applicable to a judge
who has not yet reached the age of seventy-six and who reached the age
of seventy and retired as a judge of the court of appeals prior to the
effective date of this section.
§ 2. Section 115 of the judiciary law, as added by chapter 704 of the
laws of 1962, subdivision 1 as amended by chapter 751 of the laws of
1981, is amended to read as follows:
§ 115. Retired justices of the supreme court. 1. Any justice of the
supreme court, retired pursuant to subdivision b of section twenty-five
of article six of the constitution, [may] SHALL, upon his OR HER appli-
cation, be certified by the administrative board for service as a
retired justice of the supreme court upon findings (a) that he OR SHE
has the mental and physical capacity to perform the duties of such
office and (b) that his OR HER services are necessary to expedite the
business of the supreme court. A copy of such certificate shall be filed
with the appellate division of the department in which such retired
justice resides and in the office of court administration.
2. Any such certification shall be valid for a term of two years
beginning on the date of filing the certificate. At the expiration of
such term the retired justice [may] SHALL be certified for additional
terms of two years each by the administrative board upon findings of
continued mental and physical capacity and need for his OR HER services.
No retired justice may serve under any such certification beyond the
last day of December in the year in which he OR SHE reaches the age of
seventy-six.
3. A retired justice so certified shall for all purposes, other than
determining the number of justices in a judicial district for the
purposes of subdivision d of section six of article six of the constitu-
tion and section one hundred forty-a of this chapter, but including
powers, duties, salary, status and rights, be a justice of the supreme
court in the district in which he OR SHE resides when so certified. A
retired justice shall be subject to assignment by the appellate division
of the supreme court of the judicial department of his OR HER residence.
4. The provisions of this section shall also be applicable to a
justice of the supreme court, a judge of the county court of a county
within the city of New York, and a judge of the court of general
sessions of the county of New York who has not yet reached the age of
seventy-six and who reached the age of seventy and retired as such
justice or judge prior to the effective date of this section.
§ 3. This act shall take effect immediately.