Bill Text: NY A01842 | 2009-2010 | General Assembly | Introduced
Bill Title: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 6 of the constitution, in relation to the composition of judicial departments and the abolishment of the court of claims, the county court, the family courts, the surrogate's court, the city-wide courts of civil and criminal jurisdiction for the city of New York and the district court, merging the jurisdiction of such courts with that of the supreme court, providing for the manner of selecting justices of the supreme court and designating the justices of the appellate divisions, and the repeal of subdivision a of section 4 and sections 9-a, 10-a, 11-a, 12-a, 13-a, 14-a, 15-a, 16-a, 21-a, 34, 35, 36, 36-a, 36-c and 37 of article 6 thereof relating thereto
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A01842 Detail]
Download: New_York-2009-A01842-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1842 2009-2010 Regular Sessions I N A S S E M B L Y January 12, 2009 ___________ Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. BREN- NAN -- read once and referred to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 6 of the constitution, in relation to the composition of judicial departments and the abolishment of the court of claims, the county court, the family courts, the surrogate's court, the city-wide courts of civil and criminal jurisdiction for the city of New York and the district court, merging the jurisdiction of such courts with that of the supreme court, providing for the manner of selecting justices of the supreme court and designating the justices of the appellate divisions, and the repeal of subdivision a of section 4 and sections 9-a, 10-a, 11-a, 12-a, 13-a, 14-a, 15-a, 16-a, 21-a, 34, 35, 36, 36-a, 36-c and 37 of article 6 thereof relat- ing thereto 1 Section 1. Resolved (if the Senate concur), That section 1 of article 2 6 of the constitution be amended to read as follows: 3 Section 1. a. There shall be a unified court system for the state. The 4 state-wide courts shall consist of the court of appeals[,] AND the 5 supreme court including the appellate divisions thereof[, the court of 6 claims, the county court, the surrogate's court and the family court], 7 as hereinafter provided. [The legislature shall establish in and for the 8 city of New York, as part of the unified court system for the state, a 9 single, city-wide court of civil jurisdiction and a single, city-wide 10 court of criminal jurisdiction, as hereinafter provided, and may upon 11 the request of the mayor and the local legislative body of the city of 12 New York, merge the two courts into one city-wide court of both civil 13 and criminal jurisdiction.] The unified court system for the state shall 14 also include the [district,] town, city and village courts outside the 15 city of New York, as hereinafter provided. 16 b. The court of appeals, the supreme court including the appellate 17 divisions thereof, [the court of claims, the county court, the surro- 18 gate's court, the family court, the courts or court of civil and crimi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89042-01-9 A. 1842 2 1 nal jurisdiction of the city of New York,] and such other courts as the 2 legislature may determine shall be courts of record. 3 c. All processes, warrants and other mandates of the court of 4 appeals[,] AND the supreme court including the appellate divisions ther- 5 eof, [the court of claims, the county court, the surrogate's court and 6 the family court] may be served and executed in any part of the state. 7 [All processes, warrants and other mandates of the courts or court of 8 civil and criminal jurisdiction of the city of New York may, subject to 9 such limitation as may be prescribed by the legislature, be served and 10 executed in any part of the state.] The legislature may provide that 11 processes, warrants and other mandates of the [district court may be 12 served and executed in any part of the state and that processes, 13 warrants and other mandates of] town, village and city courts outside 14 the city of New York may be served and executed in any part of the coun- 15 ty in which such courts are located or in any part of any adjoining 16 county. 17 S 2. Resolved (if the Senate concur), That subdivision a of section 4 18 of article 6 of the constitution be REPEALED and a new subdivision a be 19 added to read as follows: 20 A. THE LEGISLATURE SHALL WITHIN TWO YEARS OF THE EFFECTIVE DATE OF 21 THIS SUBDIVISION, AND MAY ONCE AFTER EACH FEDERAL DECENNIAL CENSUS THER- 22 EAFTER, DIVIDE THE STATE INTO NOT LESS THAN FOUR NOR MORE THAN SIX JUDI- 23 CIAL DEPARTMENTS. EACH JUDICIAL DEPARTMENT SHALL BE BOUNDED BY THE LINES 24 OF JUDICIAL DISTRICTS. THE JUDICIAL DEPARTMENTS HERETOFORE ESTABLISHED 25 AND IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL CONTIN- 26 UE UNTIL CHANGED BY THE LEGISLATURE. 27 S 3. Resolved (if the Senate concur), That subdivision c of section 4 28 of article 6 of the constitution be amended to read as follows: 29 c. The governor shall designate the presiding justice of each appel- 30 late division, who shall act as such during his or her term of office 31 and shall be a resident of the department. The other justices of the 32 appellate divisions shall be designated by the governor, from all the 33 justices [elected to] OF the supreme court, OTHER THAN THOSE SERVING BY 34 INTERIM APPOINTMENT PURSUANT TO SECTION THIRTEEN OF THIS ARTICLE, for 35 terms of five years or the unexpired portions of their respective terms 36 of office, if less than five years. 37 S 4. Resolved (if the Senate concur), That section 6 of article 6 of 38 the constitution be amended to read as follows: 39 S 6. a. The state shall be divided into [eleven] TWELVE judicial 40 districts. The first judicial district shall consist of the [counties of 41 Bronx and] COUNTY OF New York. The second judicial district shall 42 consist of the counties of Kings and Richmond. The third judicial 43 district shall consist of the counties of Albany, Columbia, Greene, 44 Rensselaer, Schoharie, Sullivan[,] and Ulster. The fourth judicial 45 district shall consist of the counties of Clinton, Essex, Franklin, 46 Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga, Schenectady, 47 Warren and Washington. The fifth judicial district shall consist of the 48 counties of Herkimer, Jefferson, Lewis, Oneida, Onondaga[,] and Oswego. 49 The sixth judicial district shall consist of the counties of Broome, 50 Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga 51 and Tompkins. The seventh judicial district shall consist of the coun- 52 ties of Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and 53 Yates. The eighth judicial district shall consist of the counties of 54 Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and 55 Wyoming. The ninth judicial district shall consist of the counties of 56 Dutchess, Orange, Putnam, Rockland and Westchester. The tenth judicial A. 1842 3 1 district shall consist of the counties of Nassau and Suffolk. The elev- 2 enth judicial district shall consist of the county of Queens. THE 3 TWELFTH JUDICIAL DISTRICT SHALL CONSIST OF THE COUNTY OF BRONX. 4 b. [Once every ten years the legislature may increase or decrease the 5 number of judicial districts or alter the composition of judicial 6 districts and thereupon re-apportion the justices to be thereafter 7 elected in the judicial districts so altered] THE LEGISLATURE MAY 8 INCREASE OR DECREASE THE NUMBER OF JUDICIAL DISTRICTS OR ALTER THE 9 COMPOSITION OF JUDICIAL DISTRICTS AT ANY TIME WITHIN TWO YEARS OF THE 10 EFFECTIVE DATE OF THIS SUBDIVISION AND ONCE AFTER EACH FEDERAL DECENNIAL 11 CENSUS. Each judicial district shall be bounded by county lines. 12 c. [The justices of the supreme court shall be chosen by the electors 13 of the judicial district in which they are to serve.] The terms of 14 justices of the supreme court shall be fourteen years [from and includ- 15 ing the first day of January next after their election]. 16 d. The supreme court is continued. It shall consist of the number of 17 justices of the supreme court including the justices designated to the 18 appellate divisions of the supreme court, [judges of the county court of 19 the counties of Bronx, Kings, Queens and Richmond and judges of the 20 court of general sessions of the county of New York authorized by law on 21 the thirty-first day of August next after the approval and ratification 22 of this amendment by the people] AND JUDGES OF THE COURT OF CLAIMS, 23 JUDGES OF THE COUNTY COURT, JUDGES OF THE FAMILY COURT, JUDGES OF THE 24 DISTRICT COURTS AND JUDGES OF THE CITY-WIDE COURT OF CRIMINAL JURISDIC- 25 TION OF THE CITY OF NEW YORK AND ELECTED JUDGES OF THE CITY-WIDE COURT 26 OF CIVIL JURISDICTION OF THE CITY OF NEW YORK IN ACCORDANCE WITH THE 27 PROVISIONS OF SECTION TWENTY-SEVEN OF THIS ARTICLE, all of whom shall be 28 justices of the supreme court for the remainder of their terms. THE 29 JUDGES OF THE COURT OF CLAIMS IN OFFICE ON THE DATE OF ABOLITION OF THAT 30 COURT IN ACCORDANCE WITH SECTION TWENTY-SEVEN OF THIS ARTICLE, SHALL, 31 FOR THE REMAINDER OF THE TERMS FOR WHICH THEY WERE APPOINTED, BE STATE- 32 WIDE JUSTICES OF THE SUPREME COURT. SUCH SUPREME COURT JUSTICES AND 33 THEIR SUCCESSORS IN SUCH OFFICES SHALL BE KNOWN AS STATEWIDE JUSTICES OF 34 THE SUPREME COURT. 35 E. EXCEPT FOR STATEWIDE JUSTICES OF THE SUPREME COURT AND SUPREME 36 COURT JUSTICES IN OFFICE ON THE EFFECTIVE DATE OF THIS SUBDIVISION, THE 37 JUSTICES OF THE SUPREME COURT SHALL BE RESIDENTS OF THE COUNTY IN WHICH 38 THEY ARE TO SERVE. SUPREME COURT JUSTICES IN OFFICE ON THE EFFECTIVE 39 DATE OF THIS SUBDIVISION SHALL BE RESIDENTS OF THE JUDICIAL DISTRICT IN 40 WHICH THEY ARE TO SERVE. EXCEPT FOR STATEWIDE JUSTICES OF THE SUPREME 41 COURT AND SUPREME COURT JUSTICES WITHIN THE CITY OF NEW YORK, ALL 42 SUPREME COURT JUSTICES SHALL BE APPOINTED BY THE GOVERNOR UPON THE NOMI- 43 NATION OF THE CHIEF ELECTED OFFICIAL OF THE COUNTY IN WHICH THEY ARE TO 44 SERVE BY AND WITH THE ADVICE AND CONSENT OF THE SENATE AS PROVIDED IN 45 SECTION THIRTEEN OF THIS ARTICLE. STATEWIDE JUSTICES OF THE SUPREME 46 COURT SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND 47 CONSENT OF THE SENATE AS PROVIDED IN SECTION THIRTEEN OF THIS ARTICLE. 48 SUPREME COURT JUSTICES WITHIN THE CITY OF NEW YORK SHALL BE APPOINTED BY 49 THE GOVERNOR UPON THE NOMINATION OF THE MAYOR OF THE CITY OF NEW YORK BY 50 AND WITH THE ADVICE AND CONSENT OF THE SENATE AS PROVIDED IN SECTION 51 THIRTEEN OF THIS ARTICLE. 52 F. The legislature may increase OR DECREASE the number of justices of 53 the supreme court in any judicial district, OR THE NUMBER OF STATEWIDE 54 JUSTICES OF THE SUPREME COURT, except that [the number in any district 55 shall not be increased to exceed one justice for fifty thousand, or 56 fraction over thirty thousand, of the population thereof as shown by the A. 1842 4 1 last federal census or state enumeration. The legislature may decrease 2 the number of justices of the supreme court in any judicial district, 3 except that the number in any district shall not be less than the number 4 of justices of the supreme court authorized by law on the effective date 5 of this article] UPON THE ABOLITION OF THE COUNTY COURT PURSUANT TO 6 SECTION TWENTY-SEVEN OF THIS ARTICLE, THERE SHALL BE AT LEAST ONE 7 JUSTICE OF THE SUPREME COURT, OTHER THAN A STATEWIDE JUSTICE OF THE 8 SUPREME COURT, SELECTED FROM EACH COUNTY OF THE STATE, WHO SHALL BE A 9 RESIDENT OF THAT COUNTY. 10 [e] G. The clerks of the several counties shall be clerks of the 11 supreme court, with such powers and duties as shall be prescribed by 12 law. 13 S 5. Resolved (if the Senate concur), That section 7 of article 6 of 14 the constitution be amended to read as follows: 15 S 7. a. The supreme court shall have general original jurisdiction in 16 law and equity, INCLUDING THE JURISDICTION OF THE COURTS ABOLISHED 17 PURSUANT TO SECTION TWENTY-SEVEN OF THIS ARTICLE, and the appellate 18 jurisdiction herein provided. [In the city of New York, it shall have 19 exclusive jurisdiction over crimes prosecuted by indictment, provided, 20 however, that the legislature may grant to the city-wide court of crimi- 21 nal jurisdiction of the city of New York jurisdiction over misdemeanors 22 prosecuted by indictment and to the family court in the city of New York 23 jurisdiction over crimes and offenses by or against minors or between 24 spouses or between parent and child or between members of the same fami- 25 ly or household.] 26 b. IN EACH COUNTY HAVING A POPULATION IN EXCESS OF TWO HUNDRED THOU- 27 SAND INHABITANTS AS OF THE MOST RECENT DECENNIAL CENSUS THERE SHALL BE A 28 SEPARATE SURROGATE'S DIVISION OF THE SUPREME COURT WHICH SHALL EXERCISE 29 JURISDICTION OVER ALL ACTIONS AND PROCEEDINGS RELATING TO THE AFFAIRS OF 30 DECEDENTS, PROBATE OF WILLS, ADMINISTRATION OF ESTATES, GUARDIANSHIP OF 31 THE PROPERTY OF MINORS, LIFETIME TRUSTS, CONSERVATORSHIPS, COMMITTEES 32 FOR INCOMPETENTS OR PATIENTS, ACTIONS OR PROCEEDINGS ARISING THEREUNDER 33 OR PERTAINING THERETO AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW. 34 JUDGES WHO HOLD OR ASSUME THE OFFICE OF JUDGE OF THE SURROGATE'S COURT 35 IN ANY SUCH COUNTY ON THE EFFECTIVE DATE OF THIS SUBDIVISION, AND THEIR 36 SUCCESSORS IN OFFICE SHALL BE ASSIGNED BY THE CHIEF ADMINISTRATOR TO THE 37 SURROGATE'S DIVISION. 38 C. If the legislature shall create new classes of actions and 39 proceedings, the supreme court shall have jurisdiction over such classes 40 of actions and proceedings, but the legislature may provide that another 41 court or other courts shall also have jurisdiction and that actions and 42 proceedings of such classes may be originated in such other court or 43 courts. 44 S 6. Resolved (if the Senate concur), That subdivisions d and e of 45 section 8 of article 6 of the constitution be amended to read as 46 follows: 47 d. If so directed by the appellate division of the supreme court 48 establishing an appellate term, an appellate term shall have jurisdic- 49 tion to hear and determine appeals [now or hereafter] authorized by law 50 to be taken [to the supreme court or] to the appellate division other 51 than [appeals from the supreme court, a surrogate's court, the family 52 court or] appeals in criminal cases prosecuted by indictment or by 53 information as provided in section six of article one. 54 e. As may be provided by law, an appellate term shall have jurisdic- 55 tion to hear and determine appeals from [the district court or] a town, 56 village or city court outside the city of New York. A. 1842 5 1 S 7. Resolved (if the Senate concur), That subdivision a of section 9 2 of article 6 of the constitution, such section as renumbered by section 3 ten of this resolution, be amended to read as follows: 4 a. Courts for towns, villages and cities outside the city of New York 5 are continued and shall have the jurisdiction prescribed by the legisla- 6 ture [but not in any respect greater than the jurisdiction of the 7 district court as provided in section sixteen of this article] IN 8 ACTIONS AND PROCEEDINGS FOR THE RECOVERY OF MONEY, ACTIONS AND 9 PROCEEDINGS FOR THE RECOVERY OF CHATTELS AND ACTIONS AND PROCEEDINGS FOR 10 THE FORECLOSURE OF MECHANIC'S LIENS AND LIENS ON PERSONAL PROPERTY WHERE 11 THE AMOUNT SOUGHT TO BE RECOVERED OR THE VALUE OF THE PROPERTY SHALL BE 12 FIXED BY LAW BUT SHALL NOT EXCEED FIFTEEN THOUSAND DOLLARS EXCLUSIVE OF 13 INTEREST AND COSTS, SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL 14 PROPERTY AND TO REMOVE TENANTS THEREFROM, CRIMES AND OTHER VIOLATIONS OF 15 LAW, OTHER THAN THOSE PROSECUTED BY INDICTMENT OR BY INFORMATION AS 16 PROVIDED IN SECTION SIX OF ARTICLE ONE, AND OVER SUCH OTHER ACTIONS AND 17 PROCEEDINGS NOT WITHIN THE EXCLUSIVE JURISDICTION OF THE SUPREME COURT, 18 AS MAY BE PROVIDED BY LAW. THE COURTS SHALL FURTHER EXERCISE SUCH EQUI- 19 TY JURISDICTION AS MAY BE PROVIDED BY LAW AND THEIR JURISDICTION TO 20 ENTER JUDGMENT UPON A COUNTERCLAIM FOR THE RECOVERY OF MONEY ONLY SHALL 21 BE UNLIMITED, IF PROVIDED BY LAW. 22 S 8. Resolved (if the Senate concur), That sections 9, 10, 11, 12, 23 13, 14, 15, 16 and 21 of article 6 of the constitution be renumbered 24 sections 9-a, 10-a, 11-a, 12-a, 13-a, 14-a, 15-a, 16-a and 21-a. 25 S 9. Resolved (if the Senate concur), That sections 9-a, 10-a, 11-a, 26 12-a, 13-a, 14-a, 15-a, 16-a and 21-a of article 6 of the constitution, 27 as renumbered by section eight of this resolution, and sections 34, 35, 28 36, 36-a, 36-c and 37 of article 6 of the constitution be REPEALED. 29 S 10. Resolved (if the Senate concur), That sections 17, 18, 19, 20, 30 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of article 6 of the 31 constitution be renumbered sections 9, 10, 11, 12, 15, 16, 17, 18, 19, 32 20, 21, 22, 23, 24, 25 and 26. 33 S 11. Resolved (if the Senate concur), That section 11 of article 6 of 34 the constitution, as renumbered by section ten of this resolution, be 35 amended to read as follows: 36 S 11. a. The supreme court may transfer any action or proceeding, 37 except one over which it shall have exclusive jurisdiction which does 38 not depend upon the monetary amount sought, to any other court having 39 jurisdiction of the subject matter within the judicial department 40 provided that such other court has jurisdiction over the classes of 41 persons named as parties. As may be provided by law, the supreme court 42 may transfer to itself any action or proceeding originated or pending in 43 another court within the judicial department [other than the court of 44 claims] upon a finding that such a transfer will promote the adminis- 45 tration of justice. 46 b. [The county court shall transfer to the supreme court or surro- 47 gate's court or family court any action or proceeding which has not been 48 transferred to it from the supreme court or surrogate's court or family 49 court and over which the county court has no jurisdiction. The county 50 court may transfer any action or proceeding, except a criminal action or 51 proceeding involving a felony prosecuted by indictment or an action or 52 proceeding required by this article to be dealt with in the surrogate's 53 court or family court, to any court, other than the supreme court, 54 having jurisdiction of the subject matter within the county provided 55 that such other court has jurisdiction over the classes of persons named 56 as parties. A. 1842 6 1 c. As may be provided by law, the supreme court or the county court 2 may transfer to the county court any action or proceeding originated or 3 pending in the district court or a town, village or city court outside 4 the city of New York upon a finding that such a transfer will promote 5 the administration of justice. 6 d. The surrogate's court shall transfer to the supreme court or the 7 county court or the family court or the courts for the city of New York 8 established pursuant to section fifteen of this article any action or 9 proceeding which has not been transferred to it from any of said courts 10 and over which the surrogate's court has no jurisdiction. 11 e. The family court shall transfer to the supreme court or the surro- 12 gate's court or the county court or the courts for the city of New York 13 established pursuant to section fifteen of this article any action or 14 proceeding which has not been transferred to it from any of said courts 15 and over which the family court has no jurisdiction. 16 f. The courts for the city of New York established pursuant to 17 section fifteen of this article shall transfer to the supreme court or 18 the surrogate's court or the family court any action or proceeding which 19 has not been transferred to them from any of said courts and over which 20 the said courts for the city of New York have no jurisdiction. 21 g. As may be provided by law, the supreme court shall transfer any 22 action or proceeding to any other court having jurisdiction of the 23 subject matter in any other judicial district or county provided that 24 such other court has jurisdiction over the classes of persons named as 25 parties. 26 h. As may be provided by law, the county court, the surrogate's 27 court, the family court and the courts for the city of New York estab- 28 lished pursuant to section fifteen of this article may transfer any 29 action or proceeding, other than one which has previously been trans- 30 ferred to it, to any other court, except the supreme court, having 31 jurisdiction of the subject matter in any other judicial district or 32 county provided that such other court has jurisdiction over the classes 33 of persons named as parties. 34 i.] As may be provided by law, [the district court or] a town, village 35 or city court outside the city of New York may transfer any action or 36 proceeding, other than one which has previously been transferred to it, 37 to any court, other than [the county court or the surrogate's court or 38 the family court or] the supreme court, having jurisdiction of the 39 subject matter in the same or an adjoining county provided that such 40 other court has jurisdiction over the classes of persons named as 41 parties. 42 [j] C. Each court shall exercise jurisdiction over any action or 43 proceeding transferred to it pursuant to this section. 44 [k] D. The legislature may provide that the verdict or judgment in 45 actions and proceedings so transferred shall not be subject to the limi- 46 tation of monetary jurisdiction of the court to which the actions and 47 proceedings are transferred if that limitation be lower than that of the 48 court in which the actions and proceedings were originated. 49 S 12. Resolved (if the Senate concur), That subdivision a, the open- 50 ing paragraph of subdivision b and subdivision c of section 12 of arti- 51 cle 6 of the constitution, such section as renumbered by section ten of 52 this resolution, be amended to read as follows: 53 a. No person, other than one who holds [such] office at the effective 54 date of SECTION THIRTEEN OF this article, may assume the office of judge 55 of the court of appeals[,] OR justice of the supreme court[, or judge of 56 the court of claims] unless he or she has been admitted to practice law A. 1842 7 1 in this state at least ten years. No person, other than one who holds 2 such office at the effective date of this article, may assume the office 3 of judge of [the county court, surrogate's court, family court, a court 4 for the city of New York established pursuant to section fifteen of this 5 article, district court or] A city court outside the city of New York 6 unless he or she has been admitted to practice law in this state at 7 least five years or such greater number of years as the legislature may 8 determine. 9 A judge of the court of appeals[,] OR justice of the supreme court, 10 [judge of the court of claims, judge of a county court, judge of the 11 surrogate's court, judge of the family court or judge of a court for the 12 city of New York established pursuant to section fifteen of this arti- 13 cle] who is elected or appointed after the effective date of this arti- 14 cle, may not: 15 c. Qualifications for and restrictions upon the judges of [district,] 16 town, village or city courts outside the city of New York, other than 17 such qualifications and restrictions specifically set forth in subdivi- 18 sion a of this section, shall be prescribed by the legislature, 19 provided, however, that the legislature shall require a course of train- 20 ing and education to be completed by justices of town and village courts 21 selected after the effective date of this article who have not been 22 admitted to practice law in this state. Judges of such courts shall also 23 be subject to such rules of conduct not inconsistent with laws as may be 24 promulgated by the chief administrator of the courts with the approval 25 of the court of appeals. 26 S 13. Resolved (if the Senate concur), That article 6 of the constitu- 27 tion be amended by adding two new sections 13 and 14 to read as follows: 28 S 13. A. THERE SHALL BE A JUDICIAL NOMINATING COMMISSION FOR EACH 29 JUDICIAL DISTRICT OUTSIDE THE CITY OF NEW YORK TO EVALUATE THE QUALI- 30 FICATIONS OF CANDIDATES FOR APPOINTMENT IN SUCH DISTRICT TO THE OFFICE 31 OF JUSTICE OF THE SUPREME COURT OTHER THAN THE OFFICE OF STATEWIDE 32 JUSTICE OF THE SUPREME COURT. THERE SHALL BE ONE CITY-WIDE JUDICIAL 33 NOMINATING COMMISSION TO EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR 34 APPOINTMENT TO THE OFFICE OF JUSTICE OF THE SUPREME COURT WITHIN THE 35 CITY OF NEW YORK, OTHER THAN THE OFFICE OF STATEWIDE JUSTICE OF THE 36 SUPREME COURT. THERE SHALL BE ONE STATEWIDE JUDICIAL NOMINATING COMMIS- 37 SION TO EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR APPOINTMENT TO THE 38 OFFICE OF STATEWIDE JUSTICE OF THE SUPREME COURT, AND FOR DESIGNATION TO 39 THE OFFICE OF PRESIDING JUSTICE AND JUSTICE OF THE APPELLATE DIVISION. 40 B. (1) EACH SUCH COMMISSION SHALL CONSIST OF THIRTEEN AT-LARGE 41 MEMBERS OF WHOM FOUR SHALL BE APPOINTED BY THE GOVERNOR, THREE BY THE 42 CHIEF JUDGE OF THE COURT OF APPEALS, ONE EACH BY THE TEMPORARY PRESIDENT 43 OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE 44 SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND ONE BY THE PRESIDENT 45 OF THE NEW YORK STATE BAR ASSOCIATION. THE CHIEF ADMINISTRATOR OF THE 46 COURTS SHALL BE A MEMBER OF THE STATEWIDE JUDICIAL NOMINATING COMMIS- 47 SION. EACH COMMISSION, OTHER THAN THE STATEWIDE JUDICIAL NOMINATING 48 COMMISSION, ALSO SHALL INCLUDE ONE AT-LARGE MEMBER APPOINTED BY THE 49 PRESIDING JUSTICE OF THE APPELLATE DIVISION OF THE DEPARTMENT IN WHICH 50 THE DISTRICT IS LOCATED AND TWO REGIONAL MEMBERS FROM EACH COUNTY IN THE 51 DISTRICT APPOINTED BY THE CHIEF ELECTED OFFICIAL OF THE COUNTY, EXCEPT 52 THAT THERE SHALL BE FOUR REGIONAL MEMBERS APPOINTED FROM EACH COUNTY IN 53 THE CITY OF NEW YORK, TWO OF WHOM SHALL BE APPOINTED BY THE CHIEF 54 ELECTED OFFICIAL OF SUCH COUNTY AND TWO OF WHOM SHALL BE APPOINTED BY 55 THE MAYOR OF SUCH CITY. REGIONAL MEMBERS SHALL SERVE ONLY WHEN THE 56 VACANT OFFICE IS TO BE FILLED BY A RESIDENT OF THEIR COUNTY. A. 1842 8 1 (2) OF THE FOUR MEMBERS OF EACH COMMISSION APPOINTED BY THE GOVERNOR, 2 NOT MORE THAN TWO SHALL BE ENROLLED IN THE SAME POLITICAL PARTY AND AT 3 LEAST TWO SHALL NOT BE MEMBERS OF THE BAR OF THE STATE. OF THE THREE 4 MEMBERS APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS, NOT MORE 5 THAN TWO SHALL BE MEMBERS OF THE BAR OF THE STATE. THE MEMBER APPOINTED 6 BY THE PRESIDING JUSTICE OF THE APPELLATE DIVISION SHALL BE A MEMBER OF 7 THE BAR OF THE STATE. THE TWO REGIONAL MEMBERS FROM EACH COUNTY OUTSIDE 8 THE CITY OF NEW YORK SHALL NOT BE ENROLLED IN THE SAME POLITICAL PARTY 9 AND ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE. THE TWO REGIONAL 10 MEMBERS FROM EACH COUNTY IN THE CITY OF NEW YORK APPOINTED BY THE CHIEF 11 ELECTED OFFICIAL OF EACH SUCH COUNTY SHALL NOT BE ENROLLED IN THE SAME 12 POLITICAL PARTY AND ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE, 13 AND THE TWO REGIONAL MEMBERS FROM EACH COUNTY IN THE CITY OF NEW YORK 14 APPOINTED BY THE MAYOR OF SUCH CITY SHALL NOT BE ENROLLED IN THE SAME 15 POLITICAL PARTY AND ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE. 16 EXCEPT FOR THE CHIEF ADMINISTRATOR OF THE COURTS, NO AT-LARGE OR 17 REGIONAL MEMBER OF ANY COMMISSION SHALL HOLD OR HAVE HELD ANY JUDICIAL 18 OFFICE OR HOLD ANY ELECTED PUBLIC OFFICE FOR WHICH HE OR SHE RECEIVES 19 COMPENSATION DURING HIS OR HER PERIOD OF SERVICE, EXCEPT THAT THE GOVER- 20 NOR AND CHIEF JUDGE MAY EACH APPOINT NO MORE THAN ONE FORMER JUDGE OR 21 JUSTICE OF THE UNIFIED COURT SYSTEM TO EACH COMMISSION. NO AT-LARGE OR 22 REGIONAL MEMBER OF ANY COMMISSION SHALL HOLD OFFICE IN ANY POLITICAL 23 PARTY, AND, EXCEPT FOR THE CHIEF ADMINISTRATOR OF THE COURTS, NO MEMBER 24 SHALL BE ELIGIBLE FOR APPOINTMENT TO JUDICIAL OFFICE IN ANY COURT OF THE 25 STATE DURING THE MEMBER'S PERIOD OF SERVICE OR WITHIN ONE YEAR THEREAFT- 26 ER. 27 (3) THE MEMBERS OF EACH COMMISSION FIRST APPOINTED BY THE GOVERNOR 28 SHALL HAVE, RESPECTIVELY, ONE, TWO, THREE AND FOUR YEAR TERMS AS HE OR 29 SHE SHALL DESIGNATE. THE MEMBERS FIRST APPOINTED BY THE CHIEF JUDGE OF 30 THE COURT OF APPEALS SHALL HAVE, RESPECTIVELY, TWO, THREE AND FOUR YEAR 31 TERMS AS HE OR SHE SHALL DESIGNATE. THE MEMBER FIRST APPOINTED BY THE 32 TEMPORARY PRESIDENT OF THE SENATE SHALL HAVE A FOUR YEAR TERM. THE 33 MEMBER FIRST APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL HAVE A THREE 34 YEAR TERM. THE MEMBER FIRST APPOINTED BY THE MINORITY LEADER OF THE 35 SENATE SHALL HAVE A TWO YEAR TERM. THE MEMBER FIRST APPOINTED BY THE 36 MINORITY LEADER OF THE ASSEMBLY SHALL HAVE A ONE YEAR TERM. THE MEMBERS 37 FIRST APPOINTED BY THE PRESIDING JUSTICE OF THE APPELLATE DIVISION AND 38 THE PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION SHALL HAVE FOUR YEAR 39 TERMS. THE REGIONAL MEMBERS FIRST APPOINTED FROM EACH COUNTY OUTSIDE 40 THE CITY OF NEW YORK SHALL HAVE, RESPECTIVELY, TWO AND FOUR YEAR TERMS 41 AS THE PERSON APPOINTING THEM SHALL DESIGNATE. THE TWO REGIONAL MEMBERS 42 APPOINTED FROM EACH COUNTY WITHIN THE CITY OF NEW YORK BY THE CHIEF 43 ELECTED OFFICIAL OF EACH COUNTY SHALL HAVE, RESPECTIVELY, ONE AND THREE 44 YEAR TERMS AS THE PERSON APPOINTING THEM SHALL DESIGNATE AND THE TWO 45 REGIONAL MEMBERS APPOINTED FROM EACH COUNTY WITHIN THE CITY OF NEW YORK 46 BY THE MAYOR OF SUCH CITY SHALL HAVE, RESPECTIVELY, TWO AND FOUR YEAR 47 TERMS AS THE MAYOR SHALL DESIGNATE. EACH SUBSEQUENT APPOINTMENT SHALL 48 BE FOR A TERM OF FOUR YEARS. 49 (4) THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON FOR EACH COMMISSION 50 FROM AMONG ITS AT-LARGE MEMBERS. 51 (5) EACH AT-LARGE MEMBER OF EACH COMMISSION SHALL BE A RESIDENT OF, 52 HAVE AN OFFICE IN OR WORK IN THE JUDICIAL DISTRICT IN WHICH HE OR SHE IS 53 TO SERVE, EXCEPT THAT EACH AT-LARGE MEMBER OF THE CITY-WIDE COMMISSION 54 FOR THE CITY OF NEW YORK SHALL BE A RESIDENT OF, HAVE AN OFFICE IN OR 55 WORK IN SUCH CITY AND EACH AT-LARGE MEMBER OF THE STATEWIDE COMMISSION 56 SHALL BE A RESIDENT OF THE STATE. A. 1842 9 1 C. (1) THE STATEWIDE JUDICIAL NOMINATING COMMISSION SHALL CONSIDER 2 THE QUALIFICATIONS OF ALL CANDIDATES FOR APPOINTMENT TO THE OFFICE OF 3 STATEWIDE JUSTICE OF THE SUPREME COURT AND FOR DESIGNATION TO THE 4 OFFICES OF PRESIDING JUSTICE AND JUSTICE OF THE APPELLATE DIVISION; AND 5 EACH SUCH OTHER DISTRICT COMMISSION SHALL CONSIDER THE QUALIFICATIONS OF 6 CANDIDATES FOR APPOINTMENT OUTSIDE THE CITY OF NEW YORK TO THE OFFICE OF 7 JUSTICE OF THE SUPREME COURT OTHER THAN STATEWIDE JUSTICE OF THE SUPREME 8 COURT. THE CITY-WIDE COMMISSION FOR THE CITY OF NEW YORK SHALL CONSIDER 9 CANDIDATES FOR APPOINTMENT WITHIN SUCH CITY TO THE OFFICE OF JUSTICE OF 10 THE SUPREME COURT OTHER THAN STATEWIDE JUSTICE OF THE SUPREME COURT. 11 WHENEVER ONE OR MORE VACANCIES IN SUCH OFFICES OCCUR, THE APPROPRIATE 12 COMMISSION SHALL PREPARE A WRITTEN REPORT AND RECOMMEND TO THE APPROPRI- 13 ATE APPOINTING AUTHORITY PERSONS WHO BY THEIR CHARACTER, TEMPERAMENT, 14 PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL-QUALIFIED FOR THAT JUDI- 15 CIAL OFFICE. EXCEPT AS MAY OTHERWISE BE PROVIDED BY LAW, NO PERSON MAY 16 BE RECOMMENDED TO FILL A VACANCY IN THE OFFICE OF JUSTICE OF THE SUPREME 17 COURT, EXCEPT FOR THE OFFICE OF STATEWIDE JUSTICE OF THE SUPREME COURT, 18 UNLESS HE OR SHE IS A RESIDENT OF THE COUNTY IN WHICH THE LAST PERSON TO 19 HOLD SUCH OFFICE RESIDED WHEN HE OR SHE LAST ASSUMED IT. 20 (2) THE LEGISLATURE SHALL PRESCRIBE BY LAW THE ORGANIZATION AND PROCE- 21 DURE OF EACH COMMISSION, PROVIDED, HOWEVER, THAT WHERE THERE IS ONE 22 VACANCY TO BE FILLED, AT LEAST THREE PERSONS AND NOT MORE THAN FIVE 23 PERSONS SHALL BE RECOMMENDED AS PROVIDED HEREIN; WHERE THERE ARE TWO 24 VACANCIES TO BE FILLED BY RESIDENTS OF THE SAME COUNTY OR JUDICIAL 25 DISTRICT, OR IN THE OFFICE OF STATEWIDE JUSTICE OF THE SUPREME COURT, AT 26 LEAST FIVE PERSONS AND NOT MORE THAN EIGHT PERSONS SHALL BE RECOMMENDED; 27 AND, WHERE THERE ARE THREE OR MORE VACANCIES TO BE FILLED BY RESIDENTS 28 OF THE SAME COUNTY OR JUDICIAL DISTRICT, OR IN THE OFFICE OF STATEWIDE 29 JUSTICE OF THE SUPREME COURT, THE NUMBER OF PERSONS RECOMMENDED BY THE 30 APPROPRIATE COMMISSION SHALL BE AT LEAST TWO TIMES THE NUMBER OF VACAN- 31 CIES AND NOT MORE THAN THREE TIMES THE NUMBER OF VACANCIES. NOTWITH- 32 STANDING THE FOREGOING, WHERE A COMMISSION IS UNABLE TO RECOMMEND AS 33 WELL-QUALIFIED FOR THE OFFICE SUCH NUMBER OF PERSONS AS IS PRESCRIBED 34 HEREIN, IT SHALL RECOMMEND SUCH LESSER NUMBER OF PERSONS WHO ARE 35 WELL-QUALIFIED THEREFOR. 36 D. (1) FROM AMONG THOSE RECOMMENDED BY THE APPROPRIATE COMMISSION AS 37 PROVIDED IN PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION, THE GOVERNOR 38 SHALL APPOINT A PERSON TO FILL THE OFFICE OF STATEWIDE JUSTICE OF THE 39 SUPREME COURT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND 40 DESIGNATE A PERSON AS PRESIDING JUSTICE OR JUSTICE OF THE APPELLATE 41 DIVISION; THE GOVERNOR SHALL, UPON THE NOMINATION OF THE MAYOR OF THE 42 CITY OF NEW YORK, APPOINT A PERSON TO FILL THE OFFICE OF JUSTICE OF THE 43 SUPREME COURT WITHIN THE CITY OF NEW YORK, BY AND WITH THE ADVICE AND 44 CONSENT OF THE SENATE; AND THE GOVERNOR SHALL, UPON THE NOMINATION OF 45 THE CHIEF ELECTED OFFICIAL OF THE COUNTY IN WHICH A VACANCY OCCURS, 46 APPOINT A PERSON TO FILL THE OFFICE OF JUSTICE OF THE SUPREME COURT 47 OUTSIDE THE CITY OF NEW YORK, BY AND WITH THE ADVICE AND CONSENT OF THE 48 SENATE, WHENEVER A VACANCY OCCURS THEREIN. 49 (2) IN THE CASE OF EACH APPOINTMENT THAT IS SUBJECT TO THE ADVICE AND 50 CONSENT OF THE SENATE, THE GOVERNOR SHALL TRANSMIT TO THE SENATE THE 51 WRITTEN REPORT OF THE APPROPRIATE COMMISSION RELATING TO THE APPOINTEE. 52 E. WHEN A VACANCY OCCURS IN THE OFFICE OF JUSTICE OF THE SUPREME COURT 53 AND THE SENATE IS NOT IN SESSION TO GIVE ITS ADVICE AND CONSENT TO AN 54 APPOINTMENT TO FILL THE VACANCY, THE GOVERNOR SHALL FILL THE VACANCY BY 55 INTERIM APPOINTMENT AS PROVIDED IN SUBDIVISION D OF THIS SECTION. AN 56 INTERIM APPOINTMENT SHALL CONTINUE UNTIL THE SENATE SHALL PASS UPON THE A. 1842 10 1 SELECTION. IF THE SENATE CONFIRMS AN APPOINTMENT, THE JUSTICE OR JUDGE 2 SHALL SERVE A TERM AS PROVIDED IN SUBDIVISION C OF SECTION SIX OF THIS 3 ARTICLE FOR JUSTICES OF THE SUPREME COURT, COMMENCING FROM THE DATE OF 4 SUCH AN INTERIM APPOINTMENT. IF THE SENATE REJECTS AN APPOINTMENT, A 5 VACANCY IN THE OFFICE SHALL OCCUR SIXTY DAYS AFTER SUCH REJECTION. 6 S 14. A. THE RETENTION IN OFFICE OF EVERY JUSTICE OF THE SUPREME COURT 7 APPOINTED PURSUANT TO SECTION SIX OF THIS ARTICLE, OTHER THAN STATEWIDE 8 JUSTICES OF THE SUPREME COURT, SHALL BE SUBJECT TO APPROVAL BY THE ELEC- 9 TORATE OF THE COUNTY OF THE JUSTICE'S RESIDENCE AT THE TIME HE OR SHE 10 LAST ASSUMED OFFICE, AT THE NEXT GENERAL ELECTION FOLLOWING THE EXPIRA- 11 TION OF TWO YEARS FROM THE COMMENCEMENT OF HIS OR HER TERM, EXCEPT THAT 12 FOR JUSTICES OF THE SUPREME COURT IN OFFICE ON THE EFFECTIVE DATE OF 13 THIS SECTION, THE RETENTION IN OFFICE AT SUCH TIME SHALL BE SUBJECT TO 14 APPROVAL OF THE ELECTORATE OF THE JUDICIAL DISTRICT OF SUCH JUSTICE'S 15 RESIDENCE AT THE TIME HE OR SHE LAST ASSUMED OFFICE. AT LEAST SIXTY 16 DAYS BEFORE SUCH ELECTION, THE JUDICIAL NOMINATING COMMISSION FOR THE 17 APPROPRIATE JUDICIAL DISTRICT SHALL PUBLISH A WRITTEN REPORT SETTING 18 FORTH THE QUALIFICATIONS OF THE CANDIDATE FOR RETENTION AND THE COMMIS- 19 SION'S RECOMMENDATION AS TO WHETHER OR NOT THE CANDIDATE IS WELL QUALI- 20 FIED FOR RETENTION BY VIRTUE OF HIS OR HER CHARACTER, TEMPERAMENT, 21 PROFESSIONAL APTITUDE AND EXPERIENCE. THE FOLLOWING QUESTION SHALL BE 22 SUBMITTED TO THE ELECTORATE AT SUCH ELECTION: 23 "SHALL ............ , A JUSTICE OF THE SUPREME COURT, BE RETAINED IN 24 OFFICE?" 25 IF A MAJORITY OF THOSE VOTING ON THE QUESTION VOTE "YES," THE JUSTICE 26 SHALL BE CONTINUED IN OFFICE UNTIL THE EXPIRATION OF HIS OR HER TERM. 27 IF A MAJORITY OF THOSE VOTING ON THE QUESTION VOTE "NO," A VACANCY IN 28 THE OFFICE SHALL BE CREATED AS OF THE FIRST DAY OF JANUARY IN THE YEAR 29 FOLLOWING THE ELECTION. THIS SECTION SHALL APPLY TO JUSTICES OF THE 30 SUPREME COURT WHO ARE SERVING ON THE APPELLATE DIVISION AT THE EXPIRA- 31 TION OF TWO YEARS FROM THE COMMENCEMENT OF THEIR TERM BUT A DESIGNATION 32 TO THE APPELLATE DIVISION SHALL NOT BE SUBMITTED TO THE ELECTORATE FOR 33 APPROVAL. 34 B. A JUSTICE OF THE SUPREME COURT WHO SHALL DESIRE TO RETAIN SUCH 35 JUDICIAL OFFICE FOR ANOTHER TERM AFTER THE EXPIRATION OF A TERM OF 36 OFFICE, SHALL FILE WITH THE SECRETARY OF STATE AND ALSO SHALL FILE WITH 37 THE APPROPRIATE JUDICIAL NOMINATING COMMISSION, NOT LESS THAN ONE 38 HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF SUCH TERM, A DECLARATION 39 OF INTENT TO SEEK ANOTHER TERM. PRESIDING JUSTICES AND JUSTICES OF THE 40 APPELLATE DIVISION WHO SHALL DESIRE TO RETAIN SUCH JUDICIAL OFFICE FOR 41 ANOTHER TERM AFTER THE EXPIRATION OF A TERM OF OFFICE ON THE APPELLATE 42 DIVISION, REGARDLESS OF THE EXPIRATION DATE OF ANY SUPREME COURT OFFICE 43 THAT HE OR SHE ALSO HOLDS, SHALL FILE WITH THE SECRETARY OF STATE AND 44 ALSO SHALL FILE WITH THE STATEWIDE JUDICIAL NOMINATING COMMISSION, NOT 45 LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF SUCH TERM, 46 A DECLARATION OF INTENT TO SEEK ANOTHER TERM. FAILURE TO FILE SUCH A 47 DECLARATION WITHIN THE TIME SPECIFIED SHALL CREATE A VACANCY IN THE 48 OFFICE AT THE END OF SUCH TERM. IF SUCH JUSTICE OF THE SUPREME COURT OR 49 PRESIDING JUSTICE OR JUSTICE OF THE APPELLATE DIVISION IS FOUND BY HIS 50 OR HER CHARACTER, TEMPERAMENT, PROFESSIONAL APTITUDE AND EXPERIENCE TO 51 BE WELL QUALIFIED FOR REAPPOINTMENT, OR REDESIGNATION IN THE CASE OF A 52 PRESIDING JUSTICE OR JUSTICE OF THE APPELLATE DIVISION, BY THE APPROPRI- 53 ATE JUDICIAL NOMINATING COMMISSION, SUCH JUSTICE OR PRESIDING JUSTICE, 54 AS THE CASE MAY BE, SHALL CONTINUE IN OFFICE FOR A NEW TERM. A. 1842 11 1 S 14. Resolved (if the Senate concur), That subdivision b of section 2 16 of article 6 of the constitution, such section as renumbered by 3 section ten of this resolution, be amended to read as follows: 4 b. Judges of [the court of claims, the county court, the surrogate's 5 court, the family court, the courts for the city of New York established 6 pursuant to section fifteen of this article, the district court and] 7 such other courts as the legislature may determine may be removed by the 8 senate, on the recommendation of the governor, if two-thirds of all the 9 members elected to the senate concur therein. 10 S 15. Resolved (if the Senate concur), That subdivisions a and b of 11 section 18 of article 6 of the constitution, such section as renumbered 12 by section ten of this resolution, be amended to read as follows: 13 a. The compensation of a judge of the court of appeals, a justice of 14 the supreme court, a judge of the court of claims, a judge of the county 15 court, [a judge of the surrogate's court, a judge of the family court, a 16 judge of a court for the city of New York established pursuant to 17 section fifteen of this article, a judge of the district court] or of a 18 retired judge or justice shall be established by law and shall not be 19 diminished during the term of office for which he or she was elected or 20 appointed. [Any judge or justice of a court abolished by section thir- 21 ty-five of this article, who pursuant to that section becomes a judge or 22 justice of a court established or continued by this article, shall 23 receive without interruption or diminution for the remainder of the term 24 for which he or she was elected or appointed to the abolished court the 25 compensation he or she had been receiving upon the effective date of 26 this article together with any additional compensation that may be 27 prescribed by law.] 28 b. Each judge of the court of appeals[,] AND justice of the supreme 29 court, [judge of the court of claims, judge of the county court, judge 30 of the surrogate's court, judge of the family court, judge of a court 31 for the city of New York established pursuant to section fifteen of this 32 article and judge of the district court] shall retire on the last day of 33 December in the year in which he or she reaches the age of seventy. Each 34 such former judge of the court of appeals and justice of the supreme 35 court may thereafter perform the duties of a justice of the supreme 36 court, with power to hear and determine actions and proceedings, 37 provided, however, that it shall be certificated in the manner provided 38 by law that the services of such judge or justice are necessary to expe- 39 dite the business of the court and that he or she is mentally and phys- 40 ically able and competent to perform the full duties of such office. Any 41 such certification shall be valid for a term of two years and may be 42 extended as provided by law for additional terms of two years. A retired 43 judge or justice shall serve no longer than until the last day of Decem- 44 ber in the year in which he or she reaches the age of seventy-six. A 45 retired judge or justice shall be subject to assignment by the appellate 46 division of the supreme court of the judicial department of his or her 47 residence. Any retired justice of the supreme court who had been desig- 48 nated to and served as a justice of any appellate division immediately 49 preceding his or her reaching the age of seventy shall be eligible for 50 designation by the governor as a temporary or additional justice of the 51 appellate division. A retired judge or justice shall not be counted in 52 determining the number of justices in a judicial district OR COUNTY for 53 purposes of subdivision d of section six of this article. 54 S 16. Resolved (if the Senate concur), That section 19 of article 6 of 55 the constitution, as renumbered by section ten of this resolution, be 56 amended to read as follows: A. 1842 12 1 S 19. a. A justice of the supreme court may perform the duties of 2 office or hold court in any county and may be temporarily assigned to 3 the supreme court in any judicial district [or to the court of claims. A 4 justice of the supreme court in the city of New York may be temporarily 5 assigned to the family court in the city of New York or to the surro- 6 gate's court in any county within the city of New York when required to 7 dispose of the business of such court]. 8 b. [A judge of the court of claims may perform the duties of office or 9 hold court in any county and may be temporarily assigned to the supreme 10 court in any judicial district. 11 c. A judge of the county court may perform the duties of office or 12 hold court in any county and may be temporarily assigned to the supreme 13 court in the judicial department of his or her residence or to the coun- 14 ty court or the family court in any county or to the surrogate's court 15 in any county outside the city of New York or to a court for the city of 16 New York established pursuant to section fifteen of this article. 17 d. A judge of the surrogate's court in any county within the city of 18 New York may perform the duties of office or hold court in any county 19 and may be temporarily assigned to the supreme court in the judicial 20 department of his or her residence. 21 e. A judge of the surrogate's court in any county outside the city of 22 New York may perform the duties of office or hold court in any county 23 and may be temporarily assigned to the supreme court in the judicial 24 department of his or her residence or to the county court or the family 25 court in any county or to a court for the city of New York established 26 pursuant to section fifteen of this article. 27 f. A judge of the family court may perform the duties of office or 28 hold court in any county and may be temporarily assigned to the supreme 29 court in the judicial department of his or her residence or to the coun- 30 ty court or the family court in any county or to the surrogate's court 31 in any county outside of the city of New York or to a court for the city 32 of New York established pursuant to section fifteen of this article. 33 g. A judge of a court for the city of New York established pursuant to 34 section fifteen of this article may perform the duties of office or hold 35 court in any county and may be temporarily assigned to the supreme court 36 in the judicial department of his or her residence or to the county 37 court or the family court in any county or to the other court for the 38 city of New York established pursuant to section fifteen of this arti- 39 cle. 40 h. A judge of the district court in any county may perform the duties 41 of office or hold court in any county and may be temporarily assigned to 42 the county court in the judicial department of his or her residence or 43 to a court for the city of New York established pursuant to section 44 fifteen of this article or to the district court in any county. 45 i.] Temporary assignments of [all the foregoing judges or justices 46 listed in this section] A JUSTICE OF THE SUPREME COURT, and of judges of 47 the city courts pursuant to paragraph two of subdivision [j] C of this 48 section, shall be made by the chief administrator of the courts in 49 accordance with standards and administrative policies established pursu- 50 ant to section [twenty-eight] TWENTY-ONE of this article. 51 [j] C. (1) The legislature may provide for temporary assignments with- 52 in the county of residence or any adjoining county, of judges of town, 53 village or city courts outside the city of New York. 54 (2) In addition to any temporary assignments to which a judge of a 55 city court may be subject pursuant to paragraph one of this subdivision, 56 such judge also may be temporarily assigned by the chief administrator A. 1842 13 1 of the courts to the county court, the family court or the district 2 court within his or her county of residence or any adjoining county 3 provided he or she is not permitted to practice law. 4 [k] D. While temporarily assigned pursuant to the provisions of this 5 section, any judge or justice shall have the powers, duties and juris- 6 diction of a judge or justice of the court to which assigned. After the 7 expiration of any temporary assignment, as provided in this section, the 8 judge or justice assigned shall have all the powers, duties and juris- 9 diction of a judge or justice of the court to which he or she was 10 assigned with respect to matters pending before him or her during the 11 term of such temporary assignment. 12 S 17. Resolved (if the Senate concur), That subdivision a of section 13 22 of article 6 of the constitution, such section as renumbered by 14 section ten of this resolution, be amended to read as follows: 15 a. The legislature shall provide for the allocation of the cost of 16 operating and maintaining the court of appeals, the appellate division 17 of the supreme court in each judicial department[,] AND the supreme 18 court, [the court of claims, the county court, the surrogate's court, 19 the family court, the courts for the city of New York established pursu- 20 ant to section fifteen of this article and the district court,] among 21 the state, the counties, the city of New York and other political subdi- 22 visions. 23 S 18. Resolved (if the Senate concur), That article 6 of the constitu- 24 tion be amended by adding two new sections 27 and 28 to read as follows: 25 S 27. A. THE COUNTY COURT, THE FAMILY COURT AND THE SURROGATE'S COURT 26 SHALL BE ABOLISHED APRIL FIRST, TWO THOUSAND TWELVE. THE COURT OF CLAIMS 27 SHALL BE ABOLISHED JANUARY FIRST, TWO THOUSAND THIRTEEN. THE CITY-WIDE 28 COURTS OF CIVIL AND CRIMINAL JURISDICTION FOR THE CITY OF NEW YORK AND 29 THE DISTRICT COURT SHALL BE ABOLISHED JANUARY FIRST, TWO THOUSAND 30 TWELVE. THE PROVISIONS OF THIS ARTICLE IN EFFECT ON THE DAY PRECEDING 31 THE EFFECTIVE DATE OF THIS SECTION AND APPLICABLE TO ANY OF THE COURTS 32 ABOLISHED HEREBY OR TO THE JUDGES THEREOF, INCLUDING THE PROVISIONS OF 33 FORMER SECTION TWENTY-SIX, SHALL CONTINUE IN EFFECT UNTIL THE ABOLITION 34 OF THE COURT AS PROVIDED FOR IN THIS SECTION. UPON THE ABOLITION OF THE 35 COURT OF CLAIMS, ITS SEALS, RECORDS, PAPERS AND DOCUMENTS SHALL BE 36 DEPOSITED IN THE OFFICE OF THE CLERK OF THE APPELLATE DEPARTMENT IN 37 WHICH THE COURT IS LOCATED. UPON THE ABOLITION OF THE OTHER COURTS 38 SPECIFIED IN THIS SECTION, THEIR SEALS, RECORDS, PAPERS AND DOCUMENTS 39 SHALL, UNLESS OTHERWISE PROVIDED BY LAW, BE DEPOSITED IN THE OFFICE OF 40 THE CLERKS OF THE SUPREME COURT OF THE SEVERAL COUNTIES IN WHICH THESE 41 COURTS NOW EXIST. 42 B. THE JUDGES OF THE COURT OF CLAIMS, THE COUNTY COURT, THE FAMILY 43 COURT, THE SURROGATE'S COURT AND THE CITY-WIDE COURTS OF CIVIL AND CRIM- 44 INAL JURISDICTION FOR THE CITY OF NEW YORK AND THE DISTRICT COURT IN 45 OFFICE ON THE DATE OF ABOLITION OF THEIR RESPECTIVE COURTS SHALL, FOR 46 THE REMAINDER OF THE TERMS FOR WHICH THEY WERE ELECTED OR APPOINTED, BE 47 JUSTICES OF THE SUPREME COURT IN AND FOR THE COUNTY IN WHICH THEY 48 RESIDED ON THAT DATE. SUCH JUDGES OF THE COURT OF CLAIMS AND THEIR 49 SUCCESSORS IN OFFICE SHALL BE KNOWN AS STATEWIDE JUSTICES OF THE SUPREME 50 COURT. THE NUMBER OF JUSTICES OF THE SUPREME COURT SHALL ALSO INCLUDE 51 THE JUDGES OF THE COURTS ABOLISHED BY THIS SECTION AUTHORIZED BY LAW ON 52 THE EFFECTIVE DATE HEREOF, PROVIDED HOWEVER, THAT SUCH NUMBER SHALL NOT 53 INCLUDE ANY JUDGE TO BE ELECTED FROM A DISTRICT NOT ESTABLISHED BY LAW 54 PRIOR TO DECEMBER THIRTY-FIRST, NINETEEN HUNDRED NINETY-TWO. THE SALA- 55 RIES OF SUCH JUSTICES SHALL BE THE SAME AS THE SALARIES OF THE OTHER 56 JUSTICES OF THE SUPREME COURT AND SHALL BE PAID IN THE SAME MANNER. A. 1842 14 1 C. ALL ACTIONS AND PROCEEDINGS PENDING IN A COURT ABOLISHED BY THIS 2 SECTION ON THE DATE OF ABOLITION OF SUCH COURT SHALL BE TRANSFERRED TO 3 THE SUPREME COURT IN THE COUNTY IN WHICH THE ACTION OR PROCEEDING WAS 4 PENDING, OR OTHERWISE, AS MAY BE PROVIDED BY LAW. 5 D. IN THE EVENT THAT A JUDGMENT OR ORDER WAS ENTERED BEFORE THE DATE 6 THIS SECTION BECAME PART OF THIS ARTICLE IN THE MANNER PROVIDED BY 7 SECTION TWENTY-EIGHT OF THIS ARTICLE AND A RIGHT OF APPEAL EXISTED AND 8 NOTICE OF APPEAL THEREFROM IS FILED AFTER THIS SECTION BECAME PART OF 9 THIS ARTICLE IN THE MANNER PROVIDED BY SECTION TWENTY-EIGHT OF THIS 10 ARTICLE, SUCH APPEAL SHALL BE TAKEN FROM THE SUPREME COURT, THE COURT OF 11 CLAIMS, THE COUNTY COURT, THE SURROGATE'S COURT, THE FAMILY COURT, THE 12 CITY-WIDE COURTS OF CIVIL AND CRIMINAL JURISDICTION FOR THE CITY OF NEW 13 YORK AND THE DISTRICT COURT TO THE APPELLATE DIVISION OF THE SUPREME 14 COURT IN THE JUDICIAL DEPARTMENT IN WHICH SUCH COURT WAS LOCATED; 15 PROVIDED HOWEVER, THAT ANY SUCH APPELLATE DIVISION OF THE SUPREME COURT 16 MAY TRANSFER ANY SUCH APPEAL TO AN APPELLATE TERM, IF SUCH APPELLATE 17 TERM BE ESTABLISHED. FURTHER APPEAL FROM A DECISION OF AN APPELLATE TERM 18 OR THE APPELLATE DIVISION OF THE SUPREME COURT SHALL BE AS PROVIDED BY 19 LAW, CONSISTENT WITH THIS ARTICLE. 20 E. IN THE EVENT THAT AN APPEAL WAS DECIDED BEFORE THE DATE THIS 21 SECTION BECAME PART OF THIS ARTICLE AS PROVIDED BY SECTION TWENTY-EIGHT 22 OF THIS ARTICLE AND A FURTHER APPEAL COULD BE TAKEN AS OF RIGHT AND 23 NOTICE OF APPEAL THEREFROM IS FILED AFTER THE DATE THIS SECTION BECAME 24 PART OF THIS ARTICLE AS PROVIDED BY SECTION TWENTY-EIGHT OF THIS ARTI- 25 CLE, SUCH APPEAL MAY BE TAKEN FROM THE APPELLATE DIVISION OF THE SUPREME 26 COURT TO THE COURT OF APPEALS AND FROM ANY OTHER COURT TO THE APPELLATE 27 DIVISION OF THE SUPREME COURT. FURTHER APPEAL FROM A DECISION OF THE 28 APPELLATE DIVISION OF THE SUPREME COURT SHALL BE GOVERNED BY THE 29 PROVISIONS OF THIS ARTICLE. IF A FURTHER APPEAL COULD NOT BE TAKEN AS 30 OF RIGHT, SUCH APPEAL SHALL BE GOVERNED BY THE PROVISIONS OF THIS ARTI- 31 CLE. 32 F. AS MAY BE PROVIDED BY LAW, THE NONJUDICIAL PERSONNEL OF THE COURTS 33 ABOLISHED BY THIS SECTION IN OFFICE ON THE DATE OF ABOLITION SHALL, TO 34 THE EXTENT PRACTICABLE, BE CONTINUED WITHOUT DECREASE IN SALARIES AND 35 WITH THE SAME STATUS AND RIGHTS IN THE COURTS ESTABLISHED OR CONTINUED 36 BY THIS ARTICLE; AND ESPECIALLY SKILLED, EXPERIENCED AND TRAINED PERSON- 37 NEL SHALL, TO THE EXTENT PRACTICABLE, BE ASSIGNED TO LIKE FUNCTIONS IN 38 THE SUPREME COURT. IF THE ABOLITION OF SUCH COURTS SHALL REQUIRE OR 39 MAKE POSSIBLE A REDUCTION IN THE NUMBER OF NONJUDICIAL PERSONNEL, OR IN 40 THE NUMBER OF CERTAIN CATEGORIES OF SUCH PERSONNEL, SUCH REDUCTION SHALL 41 BE MADE, TO THE EXTENT PRACTICABLE, BY PROVISION THAT THE DEATH, RESIG- 42 NATION, REMOVAL OR RETIREMENT OF AN EMPLOYEE SHALL NOT CREATE A VACANCY 43 UNTIL THE REDUCED NUMBER OF PERSONNEL HAS BEEN REACHED. 44 S 28. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE OF ARTICLE NINE- 45 TEEN OF THIS CONSTITUTION, THE AMENDMENTS TO SUBDIVISION A OF SECTION 46 FOUR, SUBDIVISIONS A AND B OF SECTION SIX, AND THE REPEAL OF SECTIONS 47 TEN-A, ELEVEN-A, TWELVE-A, THIRTEEN-A, FOURTEEN-A, TWENTY-ONE-A, THIR- 48 TY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-SIX-A, THIRTY-SIX-C AND THIR- 49 TY-SEVEN OF THIS ARTICLE, AS FIRST PROPOSED BY A CONCURRENT RESOLUTION 50 PASSED BY THE LEGISLATURE IN THE YEAR TWO THOUSAND NINE, ENTITLED 51 "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AMENDMENTS 52 TO ARTICLE 6 OF THE CONSTITUTION, IN RELATION TO THE COMPOSITION OF 53 JUDICIAL DEPARTMENTS AND THE ABOLISHMENT OF THE COURT OF CLAIMS, THE 54 COUNTY COURT, THE FAMILY COURTS, THE SURROGATE'S COURT, THE CITY-WIDE 55 COURTS OF CIVIL AND CRIMINAL JURISDICTION FOR THE CITY OF NEW YORK AND 56 THE DISTRICT COURT, MERGING THE JURISDICTION OF SUCH COURTS WITH THAT OF A. 1842 15 1 THE SUPREME COURT, PROVIDING FOR THE MANNER OF SELECTING JUSTICES OF THE 2 SUPREME COURT AND DESIGNATING THE JUSTICES OF THE APPELLATE DIVISIONS, 3 AND THE REPEAL OF SUBDIVISION A OF SECTION 4 AND SECTIONS 9-A, 10-A, 4 11-A, 12-A, 13-A, 14-A, 15-A, 16-A, 21-A, 34, 35, 36, 36-A, 36-C AND 37 5 OF ARTICLE 6 THEREOF RELATING THERETO" SHALL TAKE EFFECT ON APRIL FIRST, 6 TWO THOUSAND THIRTEEN; THE REPEAL OF SECTION NINE-A OF THIS ARTICLE, AS 7 PROPOSED IN SUCH CONCURRENT RESOLUTION, SHALL TAKE EFFECT ON JANUARY 8 FIRST, TWO THOUSAND FOURTEEN; AND THE REPEAL OF SECTIONS FIFTEEN-A AND 9 SIXTEEN-A OF THIS ARTICLE, AS PROPOSED IN SUCH CONCURRENT RESOLUTION, 10 SHALL TAKE EFFECT ON JANUARY FIRST, TWO THOUSAND FIFTEEN. 11 S 19. Resolved (if the Senate concur), That the foregoing amendments 12 be referred to the first regular legislative session convening after the 13 next succeeding general election of members of the assembly, and, in 14 conformity with section 1 of article 19 of the constitution, be 15 published for 3 months previous to the time of such election.