S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3339
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  BICHOTTE HERMELYN, REYES, TAYLOR,
   EICHENSTEIN, SIMON,  J. A. GIGLIO,  BLANKENBUSH,  D. ROSENTHAL,  FALL,
   SEAWRIGHT,  RAJKUMAR,  L. ROSENTHAL,  TANNOUSIS, ROZIC, JONES, BURGOS,
   RIVERA, DAVILA, JACKSON, BURDICK,  BRAUNSTEIN,  MORINELLO,  NORRIS  --
   read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01183-01-3
 A. 3339                             2
              

 
 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
 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.