STATE OF NEW YORK
        ________________________________________________________________________
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                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  MORINELLO  --  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
    22  shall  be subject to assignment by the appellate division of the supreme
    23  court of the judicial department of his or her residence.
    24    4. This section shall not apply to any judge of a court for  the  city
    25  of New York.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09900-02-9