S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5303
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT to amend the judiciary law, in relation to the age limitation of
   terms 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, 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, longer than until and  including  the  last
 day  of  December  next  after  he OR SHE shall be [seventy] SEVENTY-SIX
 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.  Subdivision  2 of section 114 of the judiciary law, as added by
 chapter 704 of the laws of 1962, is amended to read as follows:
   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 be certified for AN additional  [terms]
 TERM  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
 [seventy-six] EIGHTY.
   § 3. Subdivision 2 of section 115 of the judiciary law,  as  added  by
 chapter 704 of the laws of 1962, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09391-03-3
              

 A. 5303                             2
 
   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 be certified for AN additional [terms]
 TERM  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] EIGHTY.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY  proposing
 an  amendment  to  section  25    of  article  6 of the constitution, in
 relation to service  by  retired  justices   and  requiring  judges  and
 justices to retire at age 76" takes effect, in accordance with section 1
 of article 19 of the constitution.