S T A T E   O F   N E W   Y O R K
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                                   5482
 
                        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
 
             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
 
   Section 1. Resolved (if the Assembly concur), That  subdivision  b  of
 section  25  of  article  6  of  the  constitution be amended to read as
 follows:
   b. Each judge of the court of appeals, justice of the  supreme  court,
 judge  of  the  court of claims, judge of the county court, judge of the
 surrogate's court, judge of the family court, judge of a court  for  the
 city of New York established pursuant to section fifteen of this article
 and judge of the district court shall retire on the last day of December
 in the year in which he or she reaches the age of [seventy] SEVENTY-SIX.
 Each  [such]  former  judge  of  the court of appeals and justice of the
 supreme court may thereafter perform the duties  of  a  justice  of  the
 supreme court, with power to hear and determine actions and proceedings,
 provided,  however, that it shall be certificated in the manner provided
 by law that the services of such judge or justice are necessary to expe-
 dite the business of the court and that he or she is mentally and  phys-
 ically able and competent to perform the full duties of such office. Any
 such  certification  shall  be  valid for a term of two years and may be
 extended as provided by law for AN additional TERM OR terms of two years
 IN THE MANNER PROVIDED BY LAW. A retired judge or justice shall serve no
 longer than until the last day of December in the year in  which  he  or
 she  reaches the age of [seventy-six] EIGHTY. A retired judge or justice
 shall be subject to assignment by the appellate division of the  supreme
 court  of  the judicial department of his or her residence.  Any retired
 justice of the supreme court who had been designated to and served as  a
 justice  of  any  appellate  division  immediately  preceding his or her
 reaching the age of [seventy] SEVENTY-SIX shall be eligible  for  desig-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89098-03-3
 S. 5482                             2
 
 nation  by  the  governor  as  a  temporary or additional justice of the
 appellate division. A retired judge or justice shall not be  counted  in
 determining  the  number of justices in a judicial district for purposes
 of subdivision d of section six of this article.
   § 2. Resolved (if the Assembly concur), That the foregoing be referred
 to  the  first  regular  legislative  session  convening  after the next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.