Bill Text: NY S04379 | 2021-2022 | General Assembly | Introduced
Bill Title: Makes technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court.
Spectrum: Moderate Partisan Bill (Democrat 16-3)
Status: (Enrolled - Dead) 2022-02-24 - POCKET VETO - VETO.91 [S04379 Detail]
Download: New_York-2021-S04379-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4379 2021-2022 Regular Sessions IN SENATE February 4, 2021 ___________ Introduced by Sens. HOYLMAN, MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to making technical changes to provisions providing for certification for service as a retired judge of the court of appeals or a retired justice of the supreme court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 114 of the judiciary law, as added by chapter 704 2 of the laws of 1962, subdivision 1 as amended by chapter 751 of the laws 3 of 1981, is amended to read as follows: 4 § 114. Retired judges of the court of appeals. 1. Any judge of the 5 court of appeals, retired pursuant to subdivision b of section twenty- 6 five of article six of the constitution, [may] shall, upon his or her 7 application, be certified by the administrative board for service as a 8 justice of the supreme court upon findings (a) that he or she has the 9 mental and physical capacity to perform the duties of such office and 10 (b) that his or her services are necessary to expedite the business of 11 the supreme court. A copy of such certificate shall be filed with the 12 appellate division of the department in which such retired judge resides 13 and in the office of court administration. 14 2. Any such certification shall be valid for a term of two years 15 beginning on the date of filing the certificate. At the expiration of 16 such term, the retired judge [may] shall be certified for additional 17 terms of two years each by the administrative board upon findings of 18 continued mental and physical capacity and need for his or her services. 19 No retired judge may serve under any such certification beyond the last 20 day of December in the year in which he or she reaches the age of seven- 21 ty-six. 22 3. A retired judge so certified shall for all purposes, other than 23 determining the number of justices in a judicial district for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08696-02-1S. 4379 2 1 purposes of subdivision d of section six of article six of the constitu- 2 tion and section one hundred forty-a of this chapter, but including 3 powers, duties, salary, status and rights, be a justice of the supreme 4 court in the district in which he or she resides when so certified. A 5 retired judge shall be subject to assignment by the appellate division 6 of the supreme court of the judicial department of his or her residence. 7 4. The provisions of this section shall also be applicable to a judge 8 who has not yet reached the age of seventy-six and who reached the age 9 of seventy and retired as a judge of the court of appeals prior to the 10 effective date of this section. 11 § 2. Section 115 of the judiciary law, as added by chapter 704 of the 12 laws of 1962, subdivision 1 as amended by chapter 751 of the laws of 13 1981, is amended to read as follows: 14 § 115. Retired justices of the supreme court. 1. Any justice of the 15 supreme court, retired pursuant to subdivision b of section twenty-five 16 of article six of the constitution, [may] shall, upon his or her appli- 17 cation, be certified by the administrative board for service as a 18 retired justice of the supreme court upon findings (a) that he or she 19 has the mental and physical capacity to perform the duties of such 20 office and (b) that his or her services are necessary to expedite the 21 business of the supreme court. A copy of such certificate shall be filed 22 with the appellate division of the department in which such retired 23 justice resides and in the office of court administration. 24 2. Any such certification shall be valid for a term of two years 25 beginning on the date of filing the certificate. At the expiration of 26 such term the retired justice [may] shall be certified for additional 27 terms of two years each by the administrative board upon findings of 28 continued mental and physical capacity and need for his or her services. 29 No retired justice may serve under any such certification beyond the 30 last day of December in the year in which he or she reaches the age of 31 seventy-six. 32 3. A retired justice so certified shall for all purposes, other than 33 determining the number of justices in a judicial district for the 34 purposes of subdivision d of section six of article six of the constitu- 35 tion and section one hundred forty-a of this chapter, but including 36 powers, duties, salary, status and rights, be a justice of the supreme 37 court in the district in which he or she resides when so certified. A 38 retired justice shall be subject to assignment by the appellate division 39 of the supreme court of the judicial department of his or her residence. 40 4. The provisions of this section shall also be applicable to a 41 justice of the supreme court, a judge of the county court of a county 42 within the city of New York, and a judge of the court of general 43 sessions of the county of New York who has not yet reached the age of 44 seventy-six and who reached the age of seventy and retired as such 45 justice or judge prior to the effective date of this section. 46 § 3. This act shall take effect immediately.
