NY State Senate Bill 2023-S9444

Senate Bill S9444

2023-2024 Legislative Session

Creates the fourteenth judicial district consisting of the county of Erie and a supreme court library at Erie

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2024	referred to judiciary

2023-S9444 (ACTIVE) - Details

See Assembly Version of this Bill:: A10421
Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §§70, 140 & 140-a, add §816, Judy L

2023-S9444 (ACTIVE) - Summary

Creates the fourteenth judicial district consisting of the county of Erie and a supreme court library at Erie.

2023-S9444 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9444

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to the creation of the
fourteenth judicial district consisting of the county of Erie and a
supreme court library at Erie

 
PURPOSE:

This bill would create a new judicial district made up of the county of
Erie.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 70 of the judiciary law to add a reference to
the fourteenth judicial district.

Section 2: Amends section 140 by changing references to the thirteen
judicial districts to fourteen and adds a new paragraph outlining that
the fourteenth judicial district consists of the county of Erie.  It

also outlines that officers and employees of the supreme court in the
previous eighth district will maintain their employment and privileges.
Further, judicial officers and employees in the county of Erie will be
members of the fourteenth judicial district and those of the counties of
Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and Wyoming
shall remain in the eighth judicial district.

Section 3: Amends subdivisions 8 and 13 of section 140a of the judiciary
law.

Subdivision 8 is altered to change the number of judges in the eighth
judicial district to 5. Subdivision 13 is altered to remove a period.

Subdivision 14 is added and lists the number of judges in the fourteenth
judicial district as 17.

Section 4: Instructs the county of Erie to establish a law library and
outlines that the Charles B. Smartwood Law Library at Elmira shall
remain the eighth district's law library.

Section 5: Outlines which supreme court judges shall continue serving in
the eighth district and which shall be assigned to the fourteenth
district.

Section 6: Adds a new section 816 to the judiciary law that describes
the rights and duties of the judicial law library of the fourteenth
district pursuant to article 21 of the judiciary law.

Section 7: Outlines the procedure for designation, nomination, and
election of justices in the eighth and fourteenth electoral districts.

Section 8: severability clause. Section 9: effective date.

 
JUSTIFICATION:

Nominations for State Supreme Court justices are determined at Judicial
Conventions. Delegates to these conventions are elected in a process
which reflects the population of each county that comprises a judicial
district. Thus, counties with larger populations receive more delegates
and in turn, more power to determine who is nominated to the judgeship.
As a result, counties with lower populations inevitably receive less
representation in the supreme court.

This problem is illustrated acutely in the existing Eighth judicial
district. Erie county has a population that is greater than all the
other counties incorporated into the current Eighth district combined.
As a result, Erie County has an outsized influence on judicial
conventions. This means that the counties of Chautauqua, Cattaraugus,
Orleans, Niagara, Genesee, Allegany and Wyoming lack adequate represen-
tation. In fact, of the 23 judges in the current Eighth judicial
district only five judges represent these counties.

In addition, the current Eighth district requires many people who live
in Erie County to have their cases heard in one of the other counties
and vice versa. This can create logistical difficulties for individuals
who find themselves having to travel long distances to attend their
court date.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately provided that sections one
through six of this act shall take effect January 1, 2025

2023-S9444 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9444
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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  creation  of  the
   fourteenth  judicial  district  consisting of the county of Erie and a
   supreme court library at Erie
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 70 of the judiciary law, as amended by chapter 690
 of the laws of 2007, is amended to read as follows:
   § 70. Judicial departments. The state  is  hereby  divided  into  four
 judicial departments. The first department shall consist of the counties
 embraced  within  the  first  and twelfth judicial districts; the second
 department shall consist of the counties  embraced  within  the  second,
 ninth,  tenth,  eleventh  and  thirteenth  judicial districts; the third
 department shall consist of the  counties  embraced  within  the  third,
 fourth and sixth judicial districts; the fourth department shall consist
 of  the  counties  embraced  within the fifth, seventh [and], eighth AND
 FOURTEENTH judicial districts.
   § 2. The opening paragraph and the eighth  undesignated  paragraph  of
 section  140  of  the judiciary law, the opening paragraph as amended by
 chapter 690 of the laws of 2007 and the eighth undesignated paragraph as
 amended by chapter 10 of the laws of 1948, are amended and a  new  four-
 teenth undesignated paragraph is added to read as follows:
   The   state  is  hereby  divided  into  [thirteen]  FOURTEEN  judicial
 districts, pursuant to the provisions of the first section of the  sixth
 article  of  the  constitution,  which  districts  shall  be arranged as
 follows:
   The eighth judicial district shall consist of the counties of  [Erie,]
 Chautauqua,  Cattaraugus,  Orleans, Niagara, Genesee, Allegany and Wyom-
 ing;
   THE FOURTEENTH JUDICIAL DISTRICT SHALL CONSIST OF THE COUNTY OF  ERIE.
 THE  CREATION OF SUCH FOURTEENTH DISTRICT SHALL NOT AFFECT OR IMPAIR THE
 RIGHTS, PRIVILEGES OR COMPENSATION OF ANY OFFICER  OR  EMPLOYEE  OF  THE
 SUPREME  COURT IN OFFICE ON THE FIRST DAY OF JANUARY, TWO THOUSAND TWEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15587-02-4
 S. 9444                             2
 
 TY-FIVE IN THE EIGHTH JUDICIAL DISTRICT AS THERETOFORE CONSTITUTED; EACH
 SUCH OFFICER OR EMPLOYEE EMPLOYED IN THE COUNTY OF  ERIE  ON  SUCH  DATE
 SHALL  THEREAFTER  BE AN OFFICER OR EMPLOYEE FOR THE FOURTEENTH JUDICIAL
 DISTRICT  AND  EACH SUCH OFFICER OR EMPLOYEE EMPLOYED IN THE COUNTIES OF
 CHAUTAUQUA, CATTARAUGUS, ORLEANS, NIAGARA, GENESEE, ALLEGANY AND WYOMING
 ON SUCH DATE SHALL THEREAFTER BE AN OFFICER OR EMPLOYEE FOR  THE  EIGHTH
 JUDICIAL DISTRICT.
   §  3.  Subdivisions 8 and 13 of section 140-a of the judiciary law, as
 amended by chapter 749 of the laws of 2023, are amended and a new subdi-
 vision 14 is added to read as follows:
   8. Eighth district, [twenty-eight] FIVE;
   13. Thirteenth district, nine[.];
   14. FOURTEENTH DISTRICT, SEVENTEEN.
   § 4. The county of Erie  shall  establish,  maintain  and  expand,  if
 necessary, its court library, as established in accordance with sections
 813  and 814 of the judiciary law, to accommodate the needs of the four-
 teenth judicial district.  The Charles B. Swartwood Law Library at Elmi-
 ra shall continue to serve as the court library for the eighth  judicial
 district.
   § 5. The following named justices or their successors in office on the
 effective  date  of  this  act  shall for the remainder of the terms for
 which they were elected or appointed be justices of the supreme court in
 and for the eighth judicial district as reconstituted and  continued  by
 this act.
           Grace M. Hanlon
           Diane Devlin
           Frank Caruso
           Paula Feroleto
           Frank A. Sedita III
   The  following  named  justices  or  their successors in office on the
 effective date of this act shall for the  remainder  of  the  terms  for
 which they were elected or appointed be justices of the supreme court in
 and  for  the fourteenth judicial district as created and constituted by
 this act.   Any positions that were vacant on  June  6,  2024  shall  be
 justices of the eighth judicial district.
           Deborah A. Chimes
           Emilio Colaiacovo
           John DelMonte
           Daniel J. Ferlong
           Gerald Greenan III
           Deborah A. Haendiges
           Craig D. Hannah
           John B. Licata
           Joseph Lorigo
           Amy C. Martoche
           Edward A. Pace
           Catherine Nugent Panepinto
           Donna M. Siwek
           Mary Slisz
           Kelly Vacco
           Raymond W. Walter
           Dennis E. Ward
           Paul B. Wojtaszek
   §  6. The judiciary law is amended by adding a new section 816 to read
 as follows:
 S. 9444                             3
 
   § 816. SUPREME COURT LIBRARY AT ERIE. THE LAW LIBRARY FOR  THE  COUNTY
 OFFICIALS OF THE COUNTY OF ERIE, AS NOW CONSTITUTED AND ALL OF THE BOOKS
 THEREIN,  SHALL  BE THE LAW LIBRARY OF THE SUPREME COURT OF THE STATE OF
 NEW YORK IN THE FOURTEENTH JUDICIAL DISTRICT AND SHALL BE  IN  THE  CARE
 AND  CUSTODY  AND UNDER THE CONTROL OF THE JUSTICES OF THE SUPREME COURT
 OF THE STATE OF NEW YORK IN THE FOURTEENTH JUDICIAL DISTRICT OR A MAJOR-
 ITY OF THEM, NOT DESIGNATED AS JUSTICES OF THE APPELLATE  DIVISION,  WHO
 SHALL  BE THE TRUSTEES THEREOF. THE TRUSTEES SHALL HAVE POWER TO RECEIVE
 BY GIFT, DEVISE OR BEQUEST  ANY  PROPERTY  GIVEN  OR  CONVEYED  FOR  THE
 PURPOSE OF A LAW LIBRARY AND TO HOLD AND MANAGE AND DISPOSE OF THE SAME,
 AND  MAY MAKE RULES AND REGULATIONS FOR THE MANAGEMENT AND PROTECTION OF
 SAID LIBRARY AND PRESCRIBE PENALTIES FOR THE VIOLATION THEREOF. THEY MAY
 SUE FOR AND RECOVER SUCH PENALTIES AND MAY MAINTAIN ACTIONS  FOR  INJURY
 TO  SAID  LIBRARY.  THEY  MAY  ALSO  DESIGNATE FROM AMONG THEIR NUMBER A
 LIBRARY COMMITTEE OR COMMITTEES, THE MEMBERS OF  WHICH  SHALL  HAVE  THE
 POWER  TO  ADMINISTER  THE  RULES AND REGULATIONS PRESCRIBED BY THE SAID
 TRUSTEES. THE TRUSTEES MAY EMPLOY AND APPOINT SUCH PERSONS AS  THEY  MAY
 DEEM  NECESSARY  FOR THE PROPER CARE, MANAGEMENT AND MAINTENANCE OF SAID
 LIBRARY AND FIX THEIR SALARIES. THE LIBRARY AND THE EQUIPMENT SHALL ALSO
 BE AVAILABLE FOR THE USE OF THE SURROGATE,  FAMILY  AND  CRIMINAL  COURT
 JUDGES,  DISTRICT  ATTORNEY  AND OTHER COUNTY OFFICIALS OF THE COUNTY OF
 ERIE AND THE JUDGES OF THE CIVIL COURT OF THE CITY OF BUFFALO  PRESIDING
 IN  SUCH  COUNTY.  THE  LIBRARIAN AND THE ASSISTANT LIBRARIAN, SHALL, IN
 ADDITION TO THE DUTIES OF LIBRARIAN AND ASSISTANT LIBRARIAN, PERFORM ANY
 AND ALL DUTIES AS MAY BE REQUIRED OF OR IMPOSED UPON THEM BY SAID  TRUS-
 TEES.  THE  TRUSTEES  MAY  ALSO  PROCURE  PROPER  FURNITURE FOR THE SAID
 LIBRARY, PURCHASE BOOKS THEREFOR AND DEFRAY ALL THE EXPENSES  INCIDENTAL
 TO  ITS  CARE  AND  MANAGEMENT.  THEY  SHALL YEARLY ASCERTAIN THE AMOUNT
 NECESSARY FOR THE AFORESAID PURPOSES AND CERTIFY  IT  TO  THE  BOARD  OF
 ESTIMATE WHO SHALL PROVIDE FOR RAISING AND PAYING THE SAME.
   §  7.  It  is  the intended object of this act to erect, in the fourth
 judicial department, the fourteenth judicial district, comprised of  the
 county  of  Erie  and  to  provide  for the employees thereof selection,
 designation, nomination and election in the general election to be  held
 in  November,  2026  of  justices  of the eighth and fourteenth judicial
 districts consistent with the foregoing provisions of  this  act.    Any
 other consistent provision of law, rule or regulation which by its terms
 or in its application aids in the accomplishment of such object shall be
 given  full  force  and effect. Any provision which is inconsistent with
 the accomplishment of such object shall be denied force  and  effect  to
 the extent that it may be applicable thereto.
   §  8.  If any provisions of any section of this act shall be held void
 or unconstitutional, all other provisions and all other sections of this
 act which are not expressly held to be void  or  unconstitutional  shall
 continue in full force and effect.
   § 9. This act shall take effect immediately provided that sections one
 through six of this act shall take effect January 1, 2025.

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