Senate Bill S714

2025-2026 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

2025-S714 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §9, Judy L
Versions Introduced in 2023-2024 Legislative Session:
S9601

2025-S714 (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.

2025-S714 (ACTIVE) - Sponsor Memo

2025-S714 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    714
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. RHOADS, BORRELLO, PALUMBO -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 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.
                                                            LBD02644-01-5

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.