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A978Assembly2019-2020 Session

Require Judges Be NY Lawyers

Official title

“Requires that judges in criminal trials are admitted to practice law within the state”

Sponsor Thomas AbinantiAD-92+10 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires that all judges presiding over criminal trials in New York be admitted to practice law in the state.

Why it matters

  1. Ensures all future criminal court judges have formal legal training and are licensed attorneys in New York. , potentially raising the standard of legal expertise presiding over criminal cases.

  2. Closes a loophole allowing non-lawyers to serve as judges in some local or town courts. , which can be especially relevant in rural areas where lay judges have historically presided over criminal matters.

  3. Grandfathers in current non-lawyer judges. , so those already holding office at the time the law takes effect can continue serving, minimizing disruption to the existing judiciary while setting a new standard for future appointments.

  4. Could improve consistency and quality of judicial decisions in criminal cases,. which may affect defendants’ rights, case outcomes, and public trust in the justice system.

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Who cares

  • Prospective judges not admitted to the New York bar

    The bill would bar them from presiding over criminal trials.

  • Judges holding office when the bill takes effect

    They would be exempt from the new bar-admission requirement.

  • Criminal defendants and defense attorneys

    The bill would require judges presiding over their trials to be admitted to practice law in New York, except for judges already holding office when it takes effect.

Headline styles

Require Judges Be NY Lawyers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Abinanti

Assembly Member · Assembly District 92

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

978

2019-2020 Regular Sessions

IN ASSEMBLY

January 14, 2019

Introduced by M. of A. ABINANTI, GLICK, JAFFEE, D'URSO, GALEF, WALKER, JOYNER, GOTTFRIED, RIVERA, McDONOUGH, DICKENS -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, HYNDMAN, SIMON -- read once and referred to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to requiring that judges in criminal trials are admitted to practice law within the state

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The judiciary law is amended by adding a new section 9 to read as follows:

§ 9. Qualifications and restrictions of judges. No person, other than one who holds such office at the effective date of this section, shall preside over a criminal trial unless he or she has been admitted to practice law in this state.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05194-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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