Legislation
SECTION 149
Governor may appoint extraordinary terms and name justices to hold them
Judiciary (JUD) CHAPTER 30, ARTICLE 5
§ 149. Governor may appoint extraordinary terms and name justices to
hold them. 1. The governor may, when, in his opinion the public
interest requires, appoint one or more extraordinary special or trial
terms of the supreme court. He must designate the time and place of
holding the same, and name the justice who shall hold or preside at such
term, and he must give notice of the appointment in such manner as, in
his judgment, the public interest requires. The governor may terminate
the assignment of the justice named by him to hold a term appointed
pursuant to this section, and may name another justice in his place to
hold the same term. In such event, the grand jury drawn to attend such
term shall continue to serve thereat until discharged in the manner
prescribed by law. A justice named to preside at an extraordinary term
appointed under this section shall have power to order the drawing of a
grand jury or grand juries in place of or in addition to the grand jury
originally drawn for such term. Such other grand jury or grand juries
shall be summoned in the manner prescribed for grand juries in general
and shall be subject to all the provisions of law applicable to a grand
jury summoned pursuant to sections five hundred thirty-one, six hundred
nine and six hundred eighty-four of this chapter.
2. A motion involving a matter pending before such extraordinary
special or trial term shall be made returnable at such term, except
that, in the exercise of discretion, a justice of the appellate division
of the supreme court in the department in which such extraordinary
special or trial term is being held may grant permission for such motion
to be heard at a term of such appellate division.
hold them. 1. The governor may, when, in his opinion the public
interest requires, appoint one or more extraordinary special or trial
terms of the supreme court. He must designate the time and place of
holding the same, and name the justice who shall hold or preside at such
term, and he must give notice of the appointment in such manner as, in
his judgment, the public interest requires. The governor may terminate
the assignment of the justice named by him to hold a term appointed
pursuant to this section, and may name another justice in his place to
hold the same term. In such event, the grand jury drawn to attend such
term shall continue to serve thereat until discharged in the manner
prescribed by law. A justice named to preside at an extraordinary term
appointed under this section shall have power to order the drawing of a
grand jury or grand juries in place of or in addition to the grand jury
originally drawn for such term. Such other grand jury or grand juries
shall be summoned in the manner prescribed for grand juries in general
and shall be subject to all the provisions of law applicable to a grand
jury summoned pursuant to sections five hundred thirty-one, six hundred
nine and six hundred eighty-four of this chapter.
2. A motion involving a matter pending before such extraordinary
special or trial term shall be made returnable at such term, except
that, in the exercise of discretion, a justice of the appellate division
of the supreme court in the department in which such extraordinary
special or trial term is being held may grant permission for such motion
to be heard at a term of such appellate division.