Legislation
SECTION 20
Judicial office, qualifications and restrictions
Constitution (CNS) CHAPTER , ARTICLE VI
§ 20. a. No person, other than one who holds such office at the
effective date of this article, may assume the office of judge of the
court of appeals, justice of the supreme court, or judge of the court of
claims unless he or she has been admitted to practice law in this state
at least ten years. No person, other than one who holds such office at
the effective date of this article, may assume the office of judge of
the county court, surrogate's court, family court, a court for the city
of New York established pursuant to section fifteen of this article,
district court or city court outside the city of New York unless he or
she has been admitted to practice law in this state at least five years
or such greater number of years as the legislature may determine.
b. A judge of the court of appeals, justice of the supreme court,
judge of the court of claims, judge of a county court, judge of the
surrogate's court, judge of the family court or judge of a court for the
city of New York established pursuant to section fifteen of this article
who is elected or appointed after the effective date of this article may
not:
(1) hold any other public office or trust except an office in relation
to the administration of the courts, member of a constitutional
convention or member of the armed forces of the United States or of the
state of New York in which latter event the legislature may enact such
legislation as it deems appropriate to provide for a temporary judge or
justice to serve during the period of the absence of such judge or
justice in the armed forces;
(2) be eligible to be a candidate for any public office other than
judicial office or member of a constitutional convention, unless he or
she resigns from judicial office; in the event a judge or justice does
not so resign from judicial office within ten days after his or her
acceptance of the nomination of such other office, his or her judicial
office shall become vacant and the vacancy shall be filled in the manner
provided in this article;
(3) hold any office or assume the duties or exercise the powers of any
office of any political organization or be a member of any governing or
executive agency thereof;
(4) engage in the practice of law, act as an arbitrator, referee or
compensated mediator in any action or proceeding or matter or engage in
the conduct of any other profession or business which interferes with
the performance of his or her judicial duties.
Judges and justices of the courts specified in this subdivision shall
also be subject to such rules of conduct as may be promulgated by the
chief administrator of the courts with the approval of the court of
appeals.
c. Qualifications for and restrictions upon the judges of district,
town, village or city courts outside the city of New York, other than
such qualifications and restrictions specifically set forth in
subdivision a of this section, shall be prescribed by the legislature,
provided, however, that the legislature shall require a course of
training and education to be completed by justices of town and village
courts selected after the effective date of this article who have not
been admitted to practice law in this state. Judges of such courts shall
also be subject to such rules of conduct not inconsistent with laws as
may be promulgated by the chief administrator of the courts with the
approval of the court of appeals.
effective date of this article, may assume the office of judge of the
court of appeals, justice of the supreme court, or judge of the court of
claims unless he or she has been admitted to practice law in this state
at least ten years. No person, other than one who holds such office at
the effective date of this article, may assume the office of judge of
the county court, surrogate's court, family court, a court for the city
of New York established pursuant to section fifteen of this article,
district court or city court outside the city of New York unless he or
she has been admitted to practice law in this state at least five years
or such greater number of years as the legislature may determine.
b. A judge of the court of appeals, justice of the supreme court,
judge of the court of claims, judge of a county court, judge of the
surrogate's court, judge of the family court or judge of a court for the
city of New York established pursuant to section fifteen of this article
who is elected or appointed after the effective date of this article may
not:
(1) hold any other public office or trust except an office in relation
to the administration of the courts, member of a constitutional
convention or member of the armed forces of the United States or of the
state of New York in which latter event the legislature may enact such
legislation as it deems appropriate to provide for a temporary judge or
justice to serve during the period of the absence of such judge or
justice in the armed forces;
(2) be eligible to be a candidate for any public office other than
judicial office or member of a constitutional convention, unless he or
she resigns from judicial office; in the event a judge or justice does
not so resign from judicial office within ten days after his or her
acceptance of the nomination of such other office, his or her judicial
office shall become vacant and the vacancy shall be filled in the manner
provided in this article;
(3) hold any office or assume the duties or exercise the powers of any
office of any political organization or be a member of any governing or
executive agency thereof;
(4) engage in the practice of law, act as an arbitrator, referee or
compensated mediator in any action or proceeding or matter or engage in
the conduct of any other profession or business which interferes with
the performance of his or her judicial duties.
Judges and justices of the courts specified in this subdivision shall
also be subject to such rules of conduct as may be promulgated by the
chief administrator of the courts with the approval of the court of
appeals.
c. Qualifications for and restrictions upon the judges of district,
town, village or city courts outside the city of New York, other than
such qualifications and restrictions specifically set forth in
subdivision a of this section, shall be prescribed by the legislature,
provided, however, that the legislature shall require a course of
training and education to be completed by justices of town and village
courts selected after the effective date of this article who have not
been admitted to practice law in this state. Judges of such courts shall
also be subject to such rules of conduct not inconsistent with laws as
may be promulgated by the chief administrator of the courts with the
approval of the court of appeals.