Assembly Bill A6748

2023-2024 Legislative Session

Requires town and village justices be admitted to the practice of law

download bill text pdf

Sponsored By

Current Bill Status - Stricken


  • 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-A6748 (ACTIVE) - Details

Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §105, UJCA

2023-A6748 (ACTIVE) - Summary

Requires town and village justices be admitted to the practice of law in this state and reside in the municipality in which the position is located; provides an exception to the requirement for currently serving justices; provides for the office of court administration to grant a waiver of the requirements.

2023-A6748 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6748
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, SHIMSKY, WALLACE, MAGNARELLI -- read
   once and referred to the Committee on Judiciary
 
 AN ACT to amend the uniform justice court act, in relation to  requiring
   town and village justices be admitted to the practice of law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 105 of the uniform justice court act, as amended by
 chapter 250 of the laws of 1975, subdivision (c) as amended  by  chapter
 843  of  the laws of 1980 and subdivision (d) as added by chapter 739 of
 the laws of 1976, is amended to read as follows:
 § 105. [Training] QUALIFICATION, TRAINING  and  education  of  justices;
 expenses thereof; requirements; restriction.
   [(a) Training.] 1. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (B) AND
 (C) OF THIS SUBDIVISION, ANY PERSON SERVING AS A TOWN OR VILLAGE JUSTICE
 FOR  A  TERM OF OFFICE COMMENCING ON OR AFTER SEPTEMBER FIRST, TWO THOU-
 SAND TWENTY-FOUR MUST BE ADMITTED TO PRACTICE LAW IN THIS STATE AND MUST
 RESIDE IN THE MUNICIPALITY IN WHICH THE POSITION IS LOCATED.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SECTION,
 ANY  PERSON  NOT  ADMITTED  TO  THE PRACTICE OF LAW IN THIS STATE WHO IS
 SERVING AS A TOWN OR VILLAGE JUSTICE ON SEPTEMBER  FIRST,  TWO  THOUSAND
 TWENTY-FOUR  SHALL  BE ELIGIBLE TO CONTINUE SERVING IN SUCH POSITION AND
 MAY SERVE THE REMAINDER OF HIS OR HER TERM AND RUN FOR ADDITIONAL  TERMS
 OF OFFICE.
   (C) THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY MAY SUBMIT AN APPLI-
 CATION  FOR  A  WAIVER  OF  THE  REQUIREMENTS OF THIS SUBDIVISION TO THE
 OFFICE OF COURT ADMINISTRATION IN SUCH FORM AS DETERMINED BY THE  OFFICE
 OF COURT ADMINISTRATION. IN THE DISCRETION OF THE OFFICE OF COURT ADMIN-
 ISTRATION,  A  WAIVER MAY BE GRANTED UPON AN ADEQUATE SHOWING THAT THERE
 ARE AN INSUFFICIENT NUMBER OF ATTORNEYS RESIDING WITHIN THE MUNICIPALITY
 TO PROVIDE A CANDIDATE OR CANDIDATES MEETING THE REQUIREMENTS  OF  PARA-
 GRAPH  (A)  OF THIS SUBDIVISION.   IN SUCH CASE, A WAIVER MAY BE GRANTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10813-01-3
              

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