Bill Text: NY A04533 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to allowing city court judges to perform the duties of their position between ages 70 and 76 where they are certified to be mentally and physically able and competent.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A04533 Detail]

Download: New_York-2021-A04533-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4533

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by M. of A. MORINELLO, ASHBY, McDONOUGH, MANKTELOW, DeSTEFA-
          NO, SALKA, REILLY, HAWLEY, NORRIS -- read once  and  referred  to  the
          Committee on Judiciary

        AN  ACT  to  amend the judiciary law, in relation to allowing city court
          judges to perform the duties of their position between ages 70 and  76
          where they are certified to be mentally and physically able and compe-
          tent

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

     1    Section 1. The judiciary law is amended by adding a new section  115-a
     2  to read as follows:
     3    §  115-a.  Retired city court judges. 1. Any city court judge, retired
     4  pursuant to section twenty-three of this chapter, may, upon his  or  her
     5  application,  be  certified by the administrative board for service as a
     6  retired city court judge upon findings (a) that he or she has the mental
     7  and physical capacity to perform the duties of such office and (b)  that
     8  his  or her services are necessary to expedite the business of the court
     9  for the city within which he or she resides. A copy of such  certificate
    10  shall  be  filed  with the appellate division of the department in which
    11  such retired justice resides and in the office of court administration.
    12    2. Any such certification shall be valid  for  a  term  of  two  years
    13  beginning  on  the  date of filing the certificate. At the expiration of
    14  such term the retired judge may be certified for additional terms of two
    15  years each by the administrative board upon findings of continued mental
    16  and physical capacity and need for his or her services. No retired judge
    17  may serve under any such certification beyond the last day  of  December
    18  in the year in which he or she reaches the age of seventy-six.
    19    3.  A  retired  judge  so  certified  shall for all purposes including
    20  powers, duties, salary status  and  rights,  be  a  city  court  in  the
    21  district  in  which he or she resides when so certified. A retired judge

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08780-01-1
        A. 4533                             2

     1  shall be subject to assignment by the appellate division of the  supreme
     2  court of the judicial department of his or her residence.
     3    4.  This  section shall not apply to any judge of a court for the city
     4  of New York.
     5    § 2. This act shall take effect immediately.