What's happening
This bill allows the part-time judge of the Lackawanna city court, whose term began in 2018, to reside anywhere in Erie County.
Why it matters
Expands the pool of eligible candidates. for the part-time Lackawanna city court judgeship (2018 term) by allowing residency anywhere in Erie County, which could help the city attract and retain qualified legal professionals.
Addresses specific, temporary needs. by limiting the residency exception to the judge whose term began in 2018, rather than making a permanent or broad change to eligibility rules for future judges.
Maintains accountability and transparency. by requiring the City of Lackawanna to notify the legislative bill drafting commission when the term ends or if the judge leaves office, ensuring the law’s temporary nature is tracked and the legal code remains accurate.
Reflects a common trend. in New York State law, where similar exceptions are made for judicial residency requirements in other cities, potentially supporting judicial independence and flexibility in smaller or less populous municipalities.
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Who cares
Headline styles
Let Judge Live in Erie County
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A9719
- Ordered to third reading cal.1680
- Committee discharged and committed to rules
- Referred to judiciary
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.
Lackawanna Judge Residency Change
Signed by Governor · Sponsor Sean Ryan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8780
IN SENATE
May 16, 2018
Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the uniform city court act, in relation to the residence of the part-time judge of the city court of Lackawanna; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 1 of subdivision (b) of section 2104 of the uniform city court act, as amended by chapter 548 of the laws of 2013, is amended to read as follows:
(1) be an attorney admitted to practice law in this state for at least five years as of the date he or she commences the duties of office, and be a resident of the city in which he or she is elected or appointed, except that the judges of the Sherrill city court may reside anywhere in either Oneida or Madison counties, the city court judge who serves in the office that formerly was that of acting judge of the Oneida city court may reside anywhere in Madison county, the judges of the Peekskill city court may reside anywhere in Westchester county, the city court judge who serves in the office that formerly was that of acting judge of the Port Jervis city court may reside anywhere in either Sullivan or Orange counties, the judges of the Hudson city court may reside anywhere in Columbia county, the city court judge who serves in the office that formerly was that of acting judge of the Mechanicville city court may reside anywhere in Saratoga county, the judges of the Ogdensburg city court may reside anywhere in St. Lawrence county, the judges of the Rensselaer city court may reside anywhere in Rensselaer county, the part-time judge of the Lackawanna city court may reside anywhere in Erie county provided his or her term of office commenced during the two thousand eighteen calendar year and one judge of the Cohoes city court and the city court judge who serves in the office that formerly was that of acting judge of the Watervliet city court may reside anywhere in Albany county.
§ 2. This act shall take effect immediately and shall expire and be deemed repealed on the day the term of office of the first part-time
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14480-01-8
S. 8780 2
judge of the Lackawanna city court to be appointed during the two thousand eighteen calendar year expires or, on the day such judge otherwise vacates his or her office, whichever occurs first; provided, that the city of Lackawanna shall notify the legislative bill drafting commission upon the expiration of such judge's term or when such judge vacates his or her office in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the uniform city court act, in relation to the residence of the part-time judge of the city court of Lackawanna; and providing for the repeal of such provisions upon expiration thereof
Purpose
This bill would allow for a non-resident of Lackawanna to assume to position of the part-time city court judge of Lackawanna.
Summary of provisions
Section 1. Amends section 2104 of the Uniform City Court Act to include the position of part-time judge of the Lackawanna city court within the positions that exempt the residency requirement of the law.
Section 2. Allows the act to take effect immediately and "sunset" as such time as the part-time judge appointed during the calendar year 2018 is no longer employed as the part-time judge for the Lackawanna city court.
Justification
Lackawanna has a limited pool of attorneys from which to draw a poten- tial city court judge. The part-time position is unable to be filled currently by a resident of Lackawanna. It is hoped that this is a tempo- rary problem and will not require permanent exemption for the city to fill this position.
Legislative history
New Bill
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.