S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3757
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee 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  Senate 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] SUCH JUDGE OR JUSTICE 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 deter-
 mine 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 expedite the business of the court and
 that [he or she] SUCH JUDGE OR JUSTICE is mentally and  physically  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] THEY REACH 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]  THEIR  resi-
 dence.  Any retired justice of the supreme court who had been designated
 to and served as a justice of any appellate division immediately preced-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89083-01-5
 A. 3757                             2
 
 ing  [his  or  her]  reaching  the age of [seventy] SEVENTY-SIX shall be
 eligible for designation 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 Senate 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.