NY State Senate Bill 2023-S5483

Current Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Mar 06, 2023	referred to judiciary

2023-S5483 (ACTIVE) - Details

See Assembly Version of this Bill:: A5303
Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §§23, 114 & 115, Judy L

2023-S5483 (ACTIVE) - Summary

Raises the mandatory age of retirement for judges to seventy-six, with the ability of certain judges and justices to serve under a certified appointment until the age of eighty.

2023-S5483 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5483

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to the age limitation of
terms of judicial office

 
PURPOSE:

To increase the maximum age judges and justices may serve subject to
passage of a constitutional amendment in relation to service by retired
justices and requiring judges and justices to retire at age 76

 
SUMMARY OF PROVISIONS:

Section one of the bill amends § 23 of the judiciary law to increase the
age limitation on the term of judicial officials from age seventy to
seventy-six.

Section two of the bill amends subdivision 2 of § 114 of the judiciary
law to raise the maximum age a judge of the court of appeals retired

pursuant to subdivision b of section twenty-five of article six of the
constitution may be certified to serve as a justice of the supreme court
from the last day of December in the year in which he or she reaches the
age of seventy-six to the last day of December in the year in which he
or she reaches the age of eighty.

Section three of the bill amends subdivision 2 of § 115 of the judiciary
law to raise the maximum age a justice of the supreme court retired
pursuant to subdivision b of section twenty-five of article six of the
constitution may be certified to serve as a retired justice of the
supreme court from the last day of December in the year in which he or
she reaches the age of seventy-six to the last day of December in the
year in which he or she reaches the age of eighty.

Section four of the bill provides the effective date.

 
JUSTIFICATION:

Under the New York State Constitution, Judges of the Court of Appeals,
Justices of the Supreme Court, Judges of the Court of Claims, Judges of
the County Court, Judges of the Surrogate's Court, Judges of the Family
Court, and Judges of a Court for the City of New York are required to
retire no later than the end of the year that they turn seventy. Howev-
er, the law permits Judges of the Court of Appeals and Justices of the
Supreme Court to apply to be certified by the Administrative Board of
the Courts to continue to serve, assuming they are determined to have
the mental and physical capacity to perform the duties of the job and
that their services are necessary to expedite the business of the court.

This legislation is contingent upon the passage of a corresponding
constitutional amendment which would raise the age in which these judges
and justices must retire from the last day of December in the year in
which they reach the age of seventy to the last day of December in the
year in which they reach the age of seventy-six. Additionally, it would
update the age Judges of the Court of Appeals and Justices of the
Supreme Court may serve through the certification process. If the amend-

ment is adopted, then the law must be adjusted accordingly to properly
reflect the changes.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The same date and 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.

2023-S5483 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5483
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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

 S. 5483                             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.

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Senate Bill S5483

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2023-S5483 (ACTIVE) - Details

2023-S5483 (ACTIVE) - Summary

2023-S5483 (ACTIVE) - Sponsor Memo

2023-S5483 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5483

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Judiciary Committee

2023-S5483 (ACTIVE) - Details

2023-S5483 (ACTIVE) - Summary

2023-S5483 (ACTIVE) - Sponsor Memo

2023-S5483 (ACTIVE) - Bill Text download pdf

Comments