Assembly Bill A1786

2023-2024 Legislative Session

Relates to removing mandatory retirement age for certain judges and justices

download bill text pdf

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Current Bill Status - In Assembly Committee

  • 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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2023-A1786 (ACTIVE) - Details

See Senate Version of this Bill:
S1785
Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §23, Judy L
Versions Introduced in 2021-2022 Legislative Session:
A10551, S9231

2023-A1786 (ACTIVE) - Summary

Removes mandatory requirement age for certain judges and justices not otherwise required to retire by the state constitution.

2023-A1786 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1786
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the judiciary law, in relation to age limitation on term
   of judicial office
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 23 of the judiciary law, as added by chapter 649 of
 the laws of 1945, is amended to read as follows:
   § 23. Age limitation on term of judicial office. No person shall  hold
 the  office  of  judge OF THE COURT OF APPEALS, justice [or surrogate of
 any court, whether of record or not of record, except a justice  of  the
 peace  of  a town or police justice of a village,] OF THE SUPREME COURT,
 JUDGE OF THE COURT OF CLAIMS, JUDGE OF THE COUNTY COURT,  JUDGE  OF  THE
 SURROGATE'S  COURT,  JUDGE OF THE FAMILY COURT, JUDGE OF A COURT FOR THE
 CITY OF NEW YORK ESTABLISHED PURSUANT TO SECTION FIFTEEN OF  ARTICLE  VI
 OF  THE  STATE  CONSTITUTION  OR JUDGE OF THE DISTRICT COURT longer than
 until and including the last day of December next after he OR SHE  shall
 be  seventy  years  of age[, except that a judge or justice in office or
 elected or appointed to office at the effective date of this section, as
 to whom no provision limiting his right to hold office to the  close  of
 the year following his attaining the age of seventy years was applicable
 prior  to  the  effective  date  of this section, may continue in office
 during the term for which he was elected or appointed].
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03301-01-3

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