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Who cares
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History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 6 of the constitution in relation to vacancies of the court of appeals; and to repeal subdivisions c, d, e and f of section 2 of article 6 of the constitution relating thereto
Purpose
This resolution would repeal provisions of New York's Constitution which were enacted in 1977 and which provided for the appointment of Justices of the Court of Appeals by the Governor, subject to the consent of the Senate. The resolution would return the Court of Appeals to a statewide elected body, as it had been from 1846 until 1977.
Summary of provisions
Section 1 of the resolution would repeal those provisions of the Constitution which created the commission on judicial nomination and requiring the Governor to appoint members of the Court of Appeals from those recommended by the commission.
Read the full memo (640 words)
Section 2 provides for the election of the Chief Judge and the Associate Judges of the Court of Appeals in statewide elections upon the expiration of the terms of the current members of the Court of Appeals.
Existing law
Since 1977, the members of the Court of Appeals have been appointed by the Governor on the advice and consent of the Senate. Prior to 1977 members of the Court of Appeals were elected for 14 year terms.
Justification
Prior to 1846, Judges of the Court of Appeals were appointed by the Governor with the consent of the Senate. The Constitution of 1846 provided for the direct election of state judges. This change was made in order to give the electorate more control over state government. The elective system has worked well in the past. Following careful scrutiny, the elective method was endorsed by the Constitutional Conventions of 1894 and 1915; by the special Judicial Convention of 1921; by the Constitutional Convention of 1938 and by the 1956 Temporary Commission on the Courts. An elective system assures that the Court of Appeals, like much of the rest of the Judiciary, is directly responsible to the people. It serves to prevent the judiciary from becoming an independent force, not subject to popular control. An elective judiciary and elective Court of Appeals will assure that the Court of Appeals is not in a position to impose political, social and economic policies which are contrary to the fundamental aims of the people. Over the years, when the Court of Appeals was elective, New York had a very highly qualified bench. Since 1977, when the Court of Appeals was made appointive, there has been a subtle shift in the decisions of the Court and an expansion of executive power at the expense of legislative power and the power of the people. The current system deprives the people of direct control of the highest level of the judicial branch and permits the executive to expand his or her powers by appointing judges who favor his or her programs and policies. It has had the undesirable effect of making the judiciary an independent political force which has used its judicial power to impose its own policies. Recent Court of Appeals appointees have tended to favor the positions advanced by the executive and reduced the power of the people and the Legislature. A return to an elective Court of Appeals should restore the proper balance between the branches of Government.
Legislative history
New Bill.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
RESOLVED (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.