What's happening
This bill allows towns and villages in New York to require their justices to be licensed attorneys.
Why it matters
Potentially raises the professional standards for local judges. By allowing towns and villages to require their justices to be licensed attorneys, the bill could lead to more legally trained individuals presiding over local courts, possibly improving the quality and consistency of judicial decisions.
May affect access to justice in smaller or rural communities. Some towns and villages, especially in less populated areas, may find it difficult to attract or afford licensed attorneys for these positions, which could lead to vacancies or reduced options for filling justice roles.
Empowers local governments with greater control. The bill gives municipalities the authority to set higher qualifications for their justices based on local needs and values, rather than having a statewide mandate, allowing for tailored approaches to judicial appointments.
Could shift the judicial landscape over time. As new requirements would only take effect with the next judicial term after a local law is passed, current non-attorney justices could continue serving until their terms end, but the long-term effect could be a gradual professionalization of justice courts.
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Who cares
Headline styles
Require Judges Be Lawyers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Set Judge Education Rules
Assembly Floor Calendar · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7692
IN SENATE
February 7, 2020
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the uniform justice court act, in relation to establishing minimum educational requirements of certain town and village justices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The uniform justice court act is amended by adding a new section 105-a to read as follows: § 105-a. Minimum educational requirements of certain town and village
justices.
Notwithstanding any other provision of law to the contrary, any town or village, may by a majority vote of the governing body of such town or village, require that any person who serves as a town or village justice be admitted to practice law in the state. Any change in the requirements for eligibility to serve as town or village justice shall take effect upon commencement of the next judicial term of office following the election after enactment of the local law.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06517-01-9
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 justice court act, in relation to establish- ing minimum educational requirements of certain town and village justices
Purpose of the bill
This bill would allow towns and villages to require that local justices be admitted to practice law in the state.
Summary of provisions
Section one of the bill the uniform justice court act by adding a new section 105 a as it relates to allowing any town or village to have the local option to require that justices be admitted to practice law.
Section two relates to the effective date.
Justification
Currently, there are no educational requirements to serve as a local justice in New York State. As the local judicial process becomes more complex and busy, it is important to ensure those who are serving in those positions have appropriate education. This bill allows munici- palities the ability, by local law, to require that their justices be licensed attorneys. Many municipalities that have a high volume of court cases should be given the authority to increase the educational require- ments.
Prior legislative history
A.1517 of 2017-18, A.2867 of 2015-2016; A8336A of 2013-2014.
Fiscal implications for state
None.
Effective date
This act shall take effect on the first January next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.