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S8224Senate2009-2010 SessionSame asA11482

Authorizes retired judges and justices to serve as justice of supreme court until age 80

Sponsor John L. SampsonSD-19Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

No co-sponsors yet.

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A11482Assembly

Authorizes retired judges and justices to serve as justice of supreme court until age 80

In Assembly Committee · Judiciary · Sponsor Rory Lancman

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S8224

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 judges and justices

Purpose or general idea of bill

To raise from 76 to 80 the maximum age that retired Supreme Court judges may be certified to continue to serve.

Summary of specific provisions

Amends Article 6, § 25(b) of the State Constitution to increase the maximum age for a retired Supreme Court judge or justice can serve in certified status.

Justification

The State Constitution requires judges to retire at the end of the calendar year in which they turn 70. It also authorizes judges to be certified to continue to serve up to three times in two year increments, until age 76. The Certification must find that that his or her services are necessary to expedite the business of the Court, and that he or she is physically and mentally competent to fully perform the duties of the office.

This constitutional amendment would raise the age through which retired Supreme Court judges can continue to serve from 76 to 80, allowing the State to retain experienced and able judges who are willing to work.

In 1999, The Office of Court Administration's Task Force on Mandatory Retirement of Judges concluded that "it is in the best interests of the judiciary and the people of the State of New York to an1end the laws governing mandatory retirement of judges. " The two recommendations made in that rep0l1- creation of a "senior status" and expansion of the certification process to judges not covered by it -- were not acted upon. This measure takes a different approach - amending the Constitu- tion to increase the age until which judges can be certified from 76 to 80.

Raising the age that retired judges can serve from 76 to 80 will enable the state judiciary to continue to benefit from the service of many dedicated, experienced and productive judges currently being lost.

Prior legislative history

None. New bill.

Fiscal implications

None anticipated.

Effective date

This is a constitutional amendment requiring passage by two successive legislatures and approval by the voters.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.