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Relates to the mandatory retirement age of judges and justices
(D, WF) 47th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jun 07, 2024 | committed to rules |
| Jan 22, 2024 | advanced to third reading |
| Jan 17, 2024 | 2nd report cal. |
| Jan 16, 2024 | 1st report cal.142 |
| Jan 29, 2024 | opinion referred to judiciary |
| Jan 04, 2024 | to attorney-general for opinion |
| Jan 03, 2024 | referred to judiciary returned to senate died in assembly |
| Jun 07, 2023 | referred to judiciary delivered to assembly passed senate |
| Mar 30, 2023 | advanced to third reading |
| Mar 29, 2023 | 2nd report cal. |
| Mar 28, 2023 | 1st report cal.577 |
| Apr 04, 2023 | opinion referred to judiciary |
| Mar 10, 2023 | to attorney-general for opinion |
| Mar 06, 2023 | referred to judiciary |
See Assembly Version of this Bill: A5304 Current Committee: Senate Rules Law Section: Constitution, Concurrent Resolutions to Amend Laws Affected: Amd Art 6 §25, Constn
Provides a mandatory retirement age of 76 for judges and justices.
BILL NUMBER: S5482REVISED 3/27/23 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: 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 PURPOSE: To increase the maximum age judges and justices may serve subject to passage of a constitutional amendment in relation to service by retired justices and requiring judges and justices to retire at age 76 SUMMARY OF PROVISIONS: Section one of the bill amends § 23 of the judiciary law to increase the age limitation on the term of judicial officials from age seventy to seventy-six.
Section two of the bill amends subdivision 2 of § 114 of the judiciary law to raise the maximum age a judge of the court of appeals retired pursuant to subdivision b of section twenty-five of article six of the constitution may be certified to serve as a justice of the supreme court from the last day of December in the year in which he or she reaches the age of seventy-six to the last day of December in the year in which he or she reaches the age of eighty. Section three of the bill amends subdivision 2 of § 115 of the judiciary law to raise the maximum age a justice of the supreme court retired pursuant to subdivision b of section twenty-five of article six of the constitution may be certified to serve as a retired justice of the supreme court from the last day of December in the year in which he or she reaches the age of seventy-six to the last day of December in the year in which he or she reaches the age of eighty. Section four of the bill provides the effective date. JUSTIFICATION: Under the New York State Constitution, Judges of the Court of Appeals, Justices of the Supreme Court, Judges of the Court of Claims, Judges of the County Court, Judges of the Surrogate's Court, Judges of the Family Court, and Judges of a Court for the City of New York are required to retire no later than the end of the year that they turn seventy. Howev- er, the law permits Judges of the Court of Appeals and Justices of the Supreme Court to apply to be certified by the Administrative Board of the Courts to continue to serve, assuming they are determined to have the mental and physical capacity to perform the duties of the job and that their services are necessary to expedite the business of the court. This legislation is contingent upon the passage of a corresponding constitutional amendment which would raise the age in which these judges and justices must retire from the last day of December in the year in which they reach the age of seventy to the last day of December in the year in which they reach the age of seventy-six. Additionally, it would update the age Judges of the Court of Appeals and Justices of the Supreme Court may serve through the certification process. If the amend- ment is adopted, then the law must be adjusted accordingly to properly reflect the changes. PRIOR LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: The same date and manner as a "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" takes effect.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5482 2023-2024 Regular Sessions I N S E N A T E 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 Section 1. Resolved (if the Assembly concur), That subdivision b of section 25 of article 6 of the constitution be amended to read as follows: b. Each judge of the court of appeals, justice of the supreme court, judge of the court of claims, judge of the county court, judge of the surrogate's court, judge of the family court, judge of a court for the city of New York established pursuant to section fifteen of this article and judge of the district court shall retire on the last day of December in the year in which he or she reaches the age of [seventy] SEVENTY-SIX. Each [such] former judge of the court of appeals and justice of the supreme court may thereafter perform the duties of a justice of the supreme court, with power to hear and determine actions and proceedings, provided, however, that it shall be certificated in the manner provided by law that the services of such judge or justice are necessary to expe- dite the business of the court and that he or she is mentally and phys- ically able and competent to perform the full duties of such office. Any such certification shall be valid for a term of two years and may be extended as provided by law for AN additional TERM OR terms of two years IN THE MANNER PROVIDED BY LAW. A retired judge or justice shall serve no longer than until the last day of December in the year in which he or she reaches the age of [seventy-six] EIGHTY. A retired judge or justice shall be subject to assignment by the appellate division of the supreme court of the judicial department of his or her residence. Any retired justice of the supreme court who had been designated to and served as a justice of any appellate division immediately preceding his or her 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 nation by the governor as a temporary or additional justice of the appellate division. A retired judge or justice shall not be counted in determining the number of justices in a judicial district for purposes of subdivision d of section six of this article. § 2. Resolved (if the Assembly concur), That the foregoing be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conform- ity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
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