Amends constitution relating to the temporary assignment of judges to the supreme court

BILL NUMBER:S5173

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 6 of the constitution, in relation to the temporary assignment of certain judges to the supreme court

This is one in a series of measures being introduced at the request of the Chief Administrative judge upon the recommendation of her Local Courts Advisory Committee.

This measure would amend the New York State Constitution to authorize the temporary assignment of a judge of the District Court to serve as an acting Supreme Court justice in the judicial department of his or her residence.

The Constitution authorizes the temporary assignment of a judge of the District Court to the County Court in the judicial department of his or her residence, or to the citywide Civil Court or Criminal Court of the City of New York. See N.Y. Const., art. VI § 26(h). The Constitution does not, however, allow District Court judges to be temporarily assigned to Supreme Court, That the Constitution invites judges of the New York City Criminal Court to be temporarily assigned to Supreme Court but does not allow similar temporary assignment for District Court judges, who constitutionally enjoy the same jurisdiction and adjudicate comparable dockets, makes no judicial sense.

Redressing this outdated distinction between the New York City courts and the District Courts on Long Island would help meet particular judicial needs in the courts of Nassau and Suffolk County. For example, in Nassau County, there has been a shortage of justices available for assignment to the Felony Drug Treatment Court, a problem-solving court administered by the Nassau County Court. This shortage is underscored by the fact that all judges of the Nassau County Court have been designated acting justices of the Supreme Court for the Tenth judicial District. Allowing temporary service of District Court judges would allow the flexibility that effective discharge of judicial business requires.

Legislative History: None. New proposal.

Effective date

§2. Resolved (if the Assembly), 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.