Senate Bill S9601

2023-2024 Legislative Session

Relates to recusal by a court of appeals judge

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2023-S9601 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §9, Judy L

2023-S9601 (ACTIVE) - Summary

Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.

2023-S9601 (ACTIVE) - Sponsor Memo

2023-S9601 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9601
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sens. RHOADS, PALUMBO -- 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 recusal by a court  of
   appeals judge
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 9 of the judiciary law, as added by chapter 376  of
 the laws of 2020, is amended to read as follows:
   §  9.  Recusal;  reason.  1.  Any judge, OTHER THAN A COURT OF APPEALS
 JUDGE, who recuses [himself or herself] THEMSELVES from  sitting  in  or
 taking  any  part in the decision of an action, claim, matter, motion or
 proceeding shall provide the reason for such recusal in  writing  or  on
 the  record;  provided, however, that no SUCH judge shall be required to
 provide a reason for such recusal when the reason may result  in  embar-
 rassment,  or  is  of a personal nature, affecting the judge or a person
 related to the judge within the sixth degree by consanguinity or  affin-
 ity.
   2.  WHEN ANY COURT OF APPEALS JUDGE RECUSES THEMSELVES FROM SITTING IN
 OR TAKING ANY PART IN THE DECISION, ACTION,  CLAIM,  MATTER,  MOTION  OR
 PROCEEDING,  A REPLACEMENT SHALL BE CHOSEN ON A ROTATING BASIS, BASED ON
 SENIORITY, OF THE NEXT AVAILABLE APPELLATE DIVISION JUDGE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15458-01-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.