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Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- To attorney-general for opinion
- Referred to judiciary
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 61–1
- Ordered to third reading cal.1504
- To attorney-general for opinion
- 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.
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:S5729
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 of bill
To raise from 76 to 80 the maximum age that retired 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 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 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 amend the laws governing mandatory retirement of judges." The two recommendations made in that report - 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 Constitution 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.
Legislative history
A.11482 (2010)
Fiscal implications for state and local governments
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.