Bill Text: NY S05482 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides a mandatory retirement age of 76 for judges and justices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-07 - COMMITTED TO RULES [S05482 Detail]

Download: New_York-2023-S05482-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5482

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 6, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to section 25 of article 6 of  the  constitution,
          in  relation  to  service by retired justices and requiring judges and
          justices to retire at age 76

     1    Section 1. Resolved (if the Assembly concur), That  subdivision  b  of
     2  section  25  of  article  6  of  the  constitution be amended to read as
     3  follows:
     4    b. Each judge of the court of appeals, justice of the  supreme  court,
     5  judge  of  the  court of claims, judge of the county court, judge of the
     6  surrogate's court, judge of the family court, judge of a court  for  the
     7  city of New York established pursuant to section fifteen of this article
     8  and judge of the district court shall retire on the last day of December
     9  in the year in which he or she reaches the age of [seventy] seventy-six.
    10  Each  [such]  former  judge  of  the court of appeals and justice of the
    11  supreme court may thereafter perform the duties  of  a  justice  of  the
    12  supreme court, with power to hear and determine actions and proceedings,
    13  provided,  however, that it shall be certificated in the manner provided
    14  by law that the services of such judge or justice are necessary to expe-
    15  dite the business of the court and that he or she is mentally and  phys-
    16  ically able and competent to perform the full duties of such office. Any
    17  such  certification  shall  be  valid for a term of two years and may be
    18  extended as provided by law for an additional term or terms of two years
    19  in the manner provided by law. A retired judge or justice shall serve no
    20  longer than until the last day of December in the year in  which  he  or
    21  she  reaches the age of [seventy-six] eighty. A retired judge or justice
    22  shall be subject to assignment by the appellate division of the  supreme
    23  court  of  the judicial department of his or her residence.  Any retired
    24  justice of the supreme court who had been designated to and served as  a
    25  justice  of  any  appellate  division  immediately  preceding his or her
    26  reaching the age of [seventy] seventy-six shall be eligible  for  desig-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89098-03-3
        S. 5482                             2

     1  nation  by  the  governor  as  a  temporary or additional justice of the
     2  appellate division. A retired judge or justice shall not be  counted  in
     3  determining  the  number of justices in a judicial district for purposes
     4  of subdivision d of section six of this article.
     5    § 2. Resolved (if the Assembly concur), That the foregoing be referred
     6  to  the  first  regular  legislative  session  convening  after the next
     7  succeeding general election of members of the assembly, and, in conform-
     8  ity with section 1 of article 19 of the constitution, be published for 3
     9  months previous to the time of such election.