Bill Text: NY A01786 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes mandatory requirement age for certain judges and justices not otherwise required to retire by the state constitution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A01786 Detail]

Download: New_York-2023-A01786-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1786

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Judiciary

        AN ACT to amend the judiciary law, in relation to age limitation on term
          of judicial office

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 23 of the judiciary law, as added by chapter 649 of
     2  the laws of 1945, is amended to read as follows:
     3    § 23. Age limitation on term of judicial office. No person shall  hold
     4  the  office  of  judge of the court of appeals, justice [or surrogate of
     5  any court, whether of record or not of record, except a justice  of  the
     6  peace  of  a town or police justice of a village,] of the supreme court,
     7  judge of the court of claims, judge of the county court,  judge  of  the
     8  surrogate's  court,  judge of the family court, judge of a court for the
     9  city of New York established pursuant to section fifteen of  article  VI
    10  of  the  state  constitution  or judge of the district court longer than
    11  until and including the last day of December next after he or she  shall
    12  be  seventy  years  of age[, except that a judge or justice in office or
    13  elected or appointed to office at the effective date of this section, as
    14  to whom no provision limiting his right to hold office to the  close  of
    15  the year following his attaining the age of seventy years was applicable
    16  prior  to  the  effective  date  of this section, may continue in office
    17  during the term for which he was elected or appointed].
    18    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03301-01-3