 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9601
 
                    IN SENATE
 
                                      May 16, 2024
                                       ___________
 
        Introduced  by  Sens. RHOADS, PALUMBO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the judiciary law, in relation to recusal by a court  of
          appeals judge
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 9 of the judiciary law, as added by chapter 376  of
     2  the laws of 2020, is amended to read as follows:
     3    §  9.  Recusal;  reason.  1.  Any judge, other than a court of appeals
     4  judge, who recuses [himself or herself] themselves from  sitting  in  or
     5  taking  any  part in the decision of an action, claim, matter, motion or
     6  proceeding shall provide the reason for such recusal in  writing  or  on
     7  the  record;  provided, however, that no such judge shall be required to
     8  provide a reason for such recusal when the reason may result  in  embar-
     9  rassment,  or  is  of a personal nature, affecting the judge or a person
    10  related to the judge within the sixth degree by consanguinity or  affin-
    11  ity.
    12    2.  When any court of appeals judge recuses themselves from sitting in
    13  or taking any part in the decision, action,  claim,  matter,  motion  or
    14  proceeding,  a replacement shall be chosen on a rotating basis, based on
    15  seniority, of the next available appellate division judge.
    16    § 2. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15458-01-4
Relates to recusal by a court of appeals judge

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