Bill Text: NY S05483 | 2023-2024 | General Assembly | Introduced

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Bill Title: Raises the mandatory age of retirement for judges to seventy-six, with the ability of certain judges and justices to serve under a certified appointment until the age of eighty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S05483 Detail]

Download: New_York-2023-S05483-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5483

                               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

        AN ACT to amend the judiciary law, in relation to the age limitation  of
          terms of judicial office

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 23 of the judiciary law, as added by chapter 649 of
     2  the laws of 1945, is amended to read as follows:
     3    § 23. Age limitation on term of judicial office. No person shall  hold
     4  the  office  of  judge,  justice  or  surrogate of any court, whether of
     5  record or not of record, except a justice of the  peace  of  a  town  or
     6  police  justice  of  a village, longer than until and including the last
     7  day of December next after he or  she  shall  be  [seventy]  seventy-six
     8  years  of  age[,  except that a judge or justice in office or elected or
     9  appointed to office at the effective date of this section, as to whom no
    10  provision limiting his right to hold office to the  close  of  the  year
    11  following his attaining the age of seventy years was applicable prior to
    12  the  effective  date  of this section, may continue in office during the
    13  term for which he was elected or appointed].
    14    § 2. Subdivision 2 of section 114 of the judiciary law,  as  added  by
    15  chapter 704 of the laws of 1962, is amended to read as follows:
    16    2.  Any  such  certification  shall  be  valid for a term of two years
    17  beginning on the date of filing the certificate. At  the  expiration  of
    18  such  term, the retired judge may be certified for an additional [terms]
    19  term of two years [each] by the administrative board  upon  findings  of
    20  continued mental and physical capacity and need for his or her services.
    21  No  retired judge may serve under any such certification beyond the last
    22  day of December in the year in which  he  or  she  reaches  the  age  of
    23  [seventy-six] eighty.
    24    §  3.  Subdivision  2 of section 115 of the judiciary law, as added by
    25  chapter 704 of the laws of 1962, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09391-03-3
        S. 5483                             2

     1    2. Any such certification shall be valid  for  a  term  of  two  years
     2  beginning  on  the  date of filing the certificate. At the expiration of
     3  such term the retired justice may be certified for an additional [terms]
     4  term of two years [each] by the administrative board  upon  findings  of
     5  continued mental and physical capacity and need for his or her services.
     6  No  retired  justice  may  serve under any such certification beyond the
     7  last day of December in the year in which he or she reaches the  age  of
     8  [seventy-six] eighty.
     9    §  4.  This  act  shall  take  effect on the same date and in the same
    10  manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY  proposing
    11  an  amendment  to  section  25    of  article  6 of the constitution, in
    12  relation to service  by  retired  justices   and  requiring  judges  and
    13  justices to retire at age 76" takes effect, in accordance with section 1
    14  of article 19 of the constitution.