Bill Text: NY S09341 | 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: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-12-30 - VETOED MEMO.196 [S09341 Detail]
Download: New_York-2021-S09341-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9341 IN SENATE May 18, 2022 ___________ Introduced by Sen. HOYLMAN -- 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 24 purposes of subdivision d of section six of article six of the constitu- 25 tion and section one hundred forty-a of this chapter, but including 26 powers, duties, salary, status and rights, be a justice of the supreme EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08696-02-1S. 9341 2 1 court in the district in which he or she resides when so certified. A 2 retired judge shall be subject to assignment by the appellate division 3 of the supreme court of the judicial department of his or her residence. 4 4. The provisions of this section shall also be applicable to a judge 5 who has not yet reached the age of seventy-six and who reached the age 6 of seventy and retired as a judge of the court of appeals prior to the 7 effective date of this section. 8 § 2. Section 115 of the judiciary law, as added by chapter 704 of the 9 laws of 1962, subdivision 1 as amended by chapter 751 of the laws of 10 1981, is amended to read as follows: 11 § 115. Retired justices of the supreme court. 1. Any justice of the 12 supreme court, retired pursuant to subdivision b of section twenty-five 13 of article six of the constitution, [may] shall, upon his or her appli- 14 cation, be certified by the administrative board for service as a 15 retired justice of the supreme court upon findings (a) that he or she 16 has the mental and physical capacity to perform the duties of such 17 office and (b) that his or her services are necessary to expedite the 18 business of the supreme court. A copy of such certificate shall be filed 19 with the appellate division of the department in which such retired 20 justice resides and in the office of court administration. 21 2. Any such certification shall be valid for a term of two years 22 beginning on the date of filing the certificate. At the expiration of 23 such term the retired justice [may] shall be certified for additional 24 terms of two years each by the administrative board upon findings of 25 continued mental and physical capacity and need for his or her services. 26 No retired justice may serve under any such certification beyond the 27 last day of December in the year in which he or she reaches the age of 28 seventy-six. 29 3. A retired justice so certified shall for all purposes, other than 30 determining the number of justices in a judicial district for the 31 purposes of subdivision d of section six of article six of the constitu- 32 tion and section one hundred forty-a of this chapter, but including 33 powers, duties, salary, status and rights, be a justice of the supreme 34 court in the district in which he or she resides when so certified. A 35 retired justice shall be subject to assignment by the appellate division 36 of the supreme court of the judicial department of his or her residence. 37 4. The provisions of this section shall also be applicable to a 38 justice of the supreme court, a judge of the county court of a county 39 within the city of New York, and a judge of the court of general 40 sessions of the county of New York who has not yet reached the age of 41 seventy-six and who reached the age of seventy and retired as such 42 justice or judge prior to the effective date of this section. 43 § 3. This act shall take effect immediately.
