NY State Senate Bill 2025-S7455

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
Apr 16, 2025	to attorney-general for opinion referred to judiciary

2025-S7455 (ACTIVE) - Details

See Assembly Version of this Bill:: A3757
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 6 §25, Constn
Versions Introduced in 2023-2024 Legislative Session:: S5482, A5304

2025-S7455 (ACTIVE) - Summary

Provides a mandatory retirement age for judges and justices.

2025-S7455 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7455

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To raise from seventy to seventy-six the maximum age judges or justices
of the court may constitutionally serve.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision b of section 25 of article 6
of the constitution to raise the age when a 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, and judge of

the district court must retire from the last day in December in the year
in which they turn seventy to the year when they turn seventy-six.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Under the New York State Constitution, judges of the court of appeals,
justices of the supreme court, judges of the court of claims, judges of
the county court, judges of the surrogate's court, judges of the family
court, judges of a court for the city of New York, and judges of the
district court are required to retire no later than the end of the year
in which they turn seventy. This age was undoubtably chosen in part to
help ensure that those on the court were mentally and physically able
and competent to perform the full duties of the office and lessen the
risk of their suffering from cognitive and physical degeneration.

The retirement age of seventy is over 125 years old, going at least as
far back as 1894 when it was a part of New York's Constitution which was
adopted that year (Article VI, section 12 "No person shall hold the
office of Judge or Justice  
HEREINBEFORE MENTIONED of any court longer
than until and including the last day of December next after he shall be
seventy years of age"). According to the June 27, 2016 Penn Wharton
Budget Model's "Mortality in the United States: Past, Present, And
Future" from the University of Pennsylvania, in 1900, the life expectan-
cy at birth in the United States was 47 years. Since then, we've seen
rapid advancements in technology and medicine that has increased the
likelihood that individuals seventy years of age and older have the
physical and mental capacity to perform at high levels. This is borne
out by the CDC's NCHS Data Brief "Mortality in the United States, 2019"
which reported that U.S. Life Expectancy increased in 2019 to 78.8
years, the last year before the COVID-19 pandemic began.As such, the
reason to constitutionally limit judges and justices from serving beyond
seventy has less validity.

Amending New York's Constitution by increasing the age limit by six
years would recognize these advancements. This is especially crucial now
as we're suffering from a shortage of legal workers, including judges
and justices. Raising the retirement age for judges and justices will
help our courts stay healthy by allowing it to keep its most experienced
members.

 
PRIOR LEGISLATIVE HISTORY:

S.5482 of 2023-2024 (Hoylman-Sigal): Passed Senate, Died in Rules

A.5304 of 2023-2024 (Dinowitz): Died in Judiciary

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This bill must pass two successive legislatures and then placed on the
ballot in a general election and would take effect if supported by a
majority of New York voters.

2025-S7455 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7455
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2025
                                ___________
 
 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] 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
 S. 7455                             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 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.

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Senate Bill S7455

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7455 (ACTIVE) - Details

2025-S7455 (ACTIVE) - Summary

2025-S7455 (ACTIVE) - Sponsor Memo

2025-S7455 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7455

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7455 (ACTIVE) - Details

2025-S7455 (ACTIVE) - Summary

2025-S7455 (ACTIVE) - Sponsor Memo

2025-S7455 (ACTIVE) - Bill Text download pdf

Comments