Bill Text: NY A05304 | 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: (Introduced) 2024-01-26 - opinion referred to judiciary [A05304 Detail]

Download: New_York-2023-A05304-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5304

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee 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  Senate 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
        A. 5304                             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 Senate 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.