Bill Text: NY A00732 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes a system of merit selection of judges of the state's major trial courts instead of elections and for the designation of certain justices of the supreme court; affects certain courts including the supreme court, surrogate's court, the New York city civil court, the New York city criminal court and the district court.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2024-01-26 - opinion referred to judiciary [A00732 Detail]

Download: New_York-2023-A00732-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           732

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced by M. of A. CARROLL, PAULIN -- Multi-Sponsored by -- M. of A.
          LUPARDO -- read once and referred to the Committee on Judiciary

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing  amendments  to  article 6 of the constitution, in relation to
          the manner of selecting judges  and  justices  of  the  unified  court
          system, and to repeal section 21 of article 6 thereof relating thereto

     1    Section  1.  Resolved  (if  the  Senate concur), That subdivision c of
     2  section 4 of article 6  of  the  constitution  be  amended  to  read  as
     3  follows:
     4    c.  The  governor shall designate the presiding justice of each appel-
     5  late division, who shall act as such during his or her  term  of  office
     6  and  shall  be  a  resident of the department. The other justices of the
     7  appellate divisions shall be designated by the governor,  from  all  the
     8  justices  [elected to] of the supreme court, other than those serving by
     9  interim appointment pursuant to section twenty-one of this  article  for
    10  terms  of five years or the unexpired portions of their respective terms
    11  of office, if less than five years.
    12    § 2. Resolved (if the Senate concur), That subdivisions  b  and  c  of
    13  section  6  of  article  6  of  the  constitution  be amended to read as
    14  follows:
    15    b. Once every ten years the legislature may increase or  decrease  the
    16  number  of  judicial  districts  or  alter  the  composition of judicial
    17  districts and thereupon  re-apportion  the  justices  to  be  thereafter
    18  [elected]  selected  in the judicial districts so altered. Each judicial
    19  district shall be bounded by county lines.
    20    c. [The justices of the supreme court shall be chosen by the  electors
    21  of  the  judicial  district  in  which  they are to serve.] The terms of
    22  justices of the supreme court shall be fourteen years [from and  includ-
    23  ing the first day of January next after their election].
    24    §  3.  Resolved (if the Senate concur), That section 9 of article 6 of
    25  the constitution be amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89005-01-3
        A. 732                              2

     1    § 9. The court of claims is continued. It shall consist of  the  eight
     2  judges  now  authorized  by  law,  but the legislature may increase such
     3  number and may reduce such number to six or  seven.  The  terms  of  the
     4  judges  shall  be  [appointed by the governor by and with the advice and
     5  consent  of  the  senate and their terms of office shall be] nine years.
     6  The court shall have jurisdiction to hear and determine  claims  against
     7  the  state  or  by the state against the claimant or between conflicting
     8  claimants as the legislature may provide.
     9    § 4. Resolved (if the Senate concur), That subdivisions  a  and  b  of
    10  section  10  of  article  6  of  the  constitution be amended to read as
    11  follows:
    12    a. The county court is continued in each county outside  the  city  of
    13  New  York. There shall be at least one judge of the county court in each
    14  county and such number of additional judges in each  county  as  may  be
    15  provided  by law. The judges shall be residents of the county [and shall
    16  be chosen by the electors of the county].
    17    b. The terms of the judges of the county  court  shall  be  ten  years
    18  [from and including the first day of January next after their election].
    19    §  5.  Resolved  (if  the Senate concur), That subdivisions b and c of
    20  section 12 of article 6 of  the  constitution  be  amended  to  read  as
    21  follows:
    22    b. The judges of the surrogate's court shall be residents of the coun-
    23  ty [and shall be chosen by the electors of the county].
    24    c. The terms of the judges of the surrogate's court in the city of New
    25  York shall be fourteen years, and in other counties ten years[, from and
    26  including the first day of January next after their election].
    27    § 6. Resolved (if the Senate concur), That subdivision a of section 13
    28  of article 6 of the constitution be amended to read as follows:
    29    a. The family court of the state of New York is hereby established. It
    30  shall  consist  of at least one judge in each county outside the city of
    31  New York and such number of additional judges for such counties  as  may
    32  be provided by law. Within the city of New York it shall consist of such
    33  number  of  judges  as  may be provided by law. The judges of the family
    34  court within the city of New York shall be residents of  such  city  and
    35  [shall  be  appointed  by the mayor of the city of New York for terms of
    36  ten years. The] the judges of the family court outside the city  of  New
    37  York[,]  shall  be  [chosen by the electors of the counties wherein they
    38  reside for] residents of the county. The terms of judges of  the  family
    39  court shall be ten years.
    40    § 7. Resolved (if the Senate concur), That subdivision a of section 15
    41  of article 6 of the constitution be amended to read as follows:
    42    a.  The legislature shall by law establish a single court of city-wide
    43  civil jurisdiction and a single court of city-wide criminal jurisdiction
    44  in and for the city of New  York  and  the  legislature  may,  upon  the
    45  request  of  the mayor and the local legislative body of the city of New
    46  York, merge the two courts into one city-wide court of  both  civil  and
    47  criminal  jurisdiction.  The said city-wide courts shall consist of such
    48  number of judges as may be provided by law. The judges of the  court  of
    49  city-wide  civil  jurisdiction  and  of  the court of city-wide criminal
    50  jurisdiction shall be residents of such city [and shall be  chosen  for]
    51  and their terms [of] shall be ten years [by the electors of the counties
    52  included within the city of New York from districts within such counties
    53  established by law. The judges of the court of city-wide criminal juris-
    54  diction shall be residents of such city and shall be appointed for terms
    55  of ten years by the mayor of the city of New York].
        A. 732                              3

     1    § 8. Resolved (if the Senate concur), That subdivision h of section 16
     2  of article 6 of the constitution be amended to read as follows:
     3    h.  The judges shall be residents of the district and [shall be chosen
     4  by the electors of the district. Their] their terms shall be  six  years
     5  [from and including the first day of January next after their election].
     6    §  9.  Resolved  (if the Senate concur), That the opening paragraph of
     7  subdivision b of section 20 of article 6 of the constitution be  amended
     8  to read as follows:
     9    A  judge  of the court of appeals, justice of the supreme court, judge
    10  of the court of claims, judge of a county court,  judge  of  the  surro-
    11  gate's court, judge of the family court or judge of a court for the city
    12  of New York established pursuant to section fifteen of this article [who
    13  is  elected  or  appointed after the effective date of this article] may
    14  not:
    15    § 10. Resolved (if the Senate concur), That section 21 of article 6 of
    16  the constitution be REPEALED and a new section 21 be added  to  read  as
    17  follows:
    18    §  21.  a.  There  shall  be a judicial nominating commission for each
    19  judicial district outside the city of New York to evaluate the  qualifi-
    20  cations of candidates for appointment in such district to the offices of
    21  judge  or  justice  of  the  supreme court, the county court, the family
    22  court, the surrogate's court, and, in each district in  which  the  dis-
    23  trict court has been established, the district court. There shall be one
    24  city-wide  judicial nominating commission to evaluate the qualifications
    25  of candidates for appointment in the city of New York to the offices  of
    26  judge or justice of the supreme court, the family court, the surrogate's
    27  court,  and the city-wide court or courts for such city established pur-
    28  suant to section fifteen of this article. There shall be  one  statewide
    29  judicial  nominating commission to evaluate the qualifications of candi-
    30  dates for appointment to the office of judge of the court of claims, and
    31  for designation to the offices of presiding justice and justice  of  the
    32  appellate division.
    33    b. (1) Each such commission shall consist of thirteen at-large members
    34  of  whom  four  shall  be  appointed by the governor, three by the chief
    35  judge of the court of appeals, one each by the  temporary  president  of
    36  the senate, the speaker of the assembly, the minority leader of the sen-
    37  ate and the minority leader of the assembly, and one by the president of
    38  the  New  York  state  bar  association.  The chief administrator of the
    39  courts shall be a member of the statewide  judicial  nominating  commis-
    40  sion.  Each  commission,  other  than  a  statewide  judicial nominating
    41  commission, also shall include one at-large member appointed by the pre-
    42  siding justice of the appellate division of the department in which  the
    43  district  is  located  and  two regional members from each county in the
    44  district appointed by the chief elected official of the  county,  except
    45  that  there shall be four regional members appointed from each county in
    46  the city of New York, two of  whom  shall  be  appointed  by  the  chief
    47  elected  official  of  such county and two of whom shall be appointed by
    48  the mayor of such city. Regional  members  shall  serve  only  when  the
    49  vacant  office  is  to  be filled by a resident of their county.  To the
    50  extent practicable, the members of each commission shall reflect  diver-
    51  sity  of  race,  gender,  sexual  orientation, ethnicity, geography and,
    52  among those who are also members of the bar, various practice areas  and
    53  size of practice.
    54    (2)  Of the four members of each commission appointed by the governor,
    55  not more than two shall be enrolled in the same political party  and  at
    56  least  two  shall  not  be members of the bar of the state. Of the three
        A. 732                              4

     1  members appointed by the chief judge of the court of appeals,  not  more
     2  than  two shall be members of the bar of the state. The member appointed
     3  by the presiding justice of the appellate division shall be a member  of
     4  the  bar of the state. The two regional members from each county outside
     5  the city of New York shall not be enrolled in the same  political  party
     6  and  one shall not be a member of the bar of the state. The two regional
     7  members from each county in the city of New York appointed by the  chief
     8  elected  official  of each such county shall not be enrolled in the same
     9  political party and one shall not be a member of the bar of  the  state,
    10  and  the  two  regional members from each county in the city of New York
    11  appointed by the mayor of such city shall not be enrolled  in  the  same
    12  political  party  and one shall not be a member of the bar of the state.
    13  Except for the  chief  administrator  of  the  courts,  no  at-large  or
    14  regional  member  of any commission shall hold or have held any judicial
    15  office or hold any elected public office for which he  or  she  receives
    16  compensation during his or her period of service, except that the gover-
    17  nor  and  chief  judge may each appoint no more than one former judge or
    18  justice of the unified court system to each commission. No  at-large  or
    19  regional  member  of  any  commission shall hold office in any political
    20  party, and, except for the chief administrator of the courts, no  member
    21  shall be eligible for appointment to judicial office in any court of the
    22  state during the member's period of service or within one year thereaft-
    23  er.
    24    (3)  The  members  of  each commission first appointed by the governor
    25  shall have, respectively, one, two, three and four year terms as  he  or
    26  she  shall  designate. The members first appointed by the chief judge of
    27  the court of appeals shall have, respectively, two, three and four  year
    28  terms  as  he  or she shall designate. The member first appointed by the
    29  temporary president of the senate shall have a four year term. The  mem-
    30  ber  first  appointed  by the speaker of the assembly shall have a three
    31  year term. The member first appointed by the minority leader of the sen-
    32  ate shall have a two year term. The member first appointed by the minor-
    33  ity leader of the assembly shall have a one year term. The members first
    34  appointed by the presiding justice of the  appellate  division  and  the
    35  president  of  the  New  York state bar association shall have four year
    36  terms. The regional members first appointed from each county outside the
    37  city of New York shall have, respectively, two and four  year  terms  as
    38  the person appointing them shall designate. The two regional members ap-
    39  pointed  from  each  county  within  the  city  of New York by the chief
    40  elected official of each county shall have, respectively, one and  three
    41  year  terms  as  the  person appointing them shall designate and the two
    42  regional members appointed from each county within the city of New  York
    43  by  the  mayor  of such city shall have, respectively, two and four year
    44  terms as the mayor shall designate. Each subsequent appointment shall be
    45  for a term of four years.
    46    (4) The governor shall designate a  chairperson  for  each  commission
    47  from among its at-large members.
    48    (5)  Each  at-large  member of each commission shall be a resident of,
    49  have an office in or work in the judicial district in which he or she is
    50  to serve, except that each at-large member of the  city-wide  commission
    51  for  the  city  of New York shall be a resident of, have an office in or
    52  work in such city and each at-large member of the  statewide  commission
    53  shall be a resident of the state.
    54    c. (1) The statewide judicial nominating commission shall consider the
    55  qualifications  of all candidates for appointment to the office of judge
    56  of the court of claims, and for designation to the offices of  presiding
        A. 732                              5

     1  justice  and justice of the appellate division; and each such other dis-
     2  trict commission shall consider the qualifications of candidates for ap-
     3  pointment outside the city of New  York  to  the  offices  of  judge  or
     4  justice  of  the  supreme court, the county court, the family court, the
     5  surrogate's court, and, in each district in which the district court has
     6  been established, the district court. The city-wide commission  for  the
     7  city  of  New York shall consider candidates for appointment within such
     8  city to the offices of judge or justice of the supreme court, the family
     9  court, the surrogate's court, and the city-wide court or courts for such
    10  city established pursuant to section fifteen of this  article.  Whenever
    11  one  or more vacancies in such offices occur, the appropriate commission
    12  shall prepare a written report and recommend to the appropriate appoint-
    13  ing authority persons who by their character, temperament,  professional
    14  aptitude and experience are well-qualified for that judicial office.  To
    15  the  extent  practicable,  the nominees shall reflect diversity of race,
    16  gender,  sexual  orientation,  ethnicity,  and  geography,  taking  into
    17  consideration  the  court  to  which  they  are  being nominated and the
    18  members with whom they might be serving.
    19    (2) The legislature shall prescribe by law the organization and proce-
    20  dure of each commission, provided, however,  that  where  there  is  one
    21  vacancy to be filled, at least three persons and not more than five per-
    22  sons shall be recommended as provided herein; where there are two vacan-
    23  cies  in  the  same  judicial office, at least five persons and not more
    24  than eight persons shall be recommended; and, where there are  three  or
    25  more vacancies in the same judicial office, the number of persons recom-
    26  mended  by  the  appropriate  commission shall be at least two times the
    27  number of vacancies and not more than three times the number  of  vacan-
    28  cies.  Notwithstanding  the  foregoing,  where a commission is unable to
    29  recommend as well-qualified for a judicial office such  number  of  per-
    30  sons  as  is prescribed herein, it shall recommend such lesser number of
    31  persons who are well-qualified therefor.  To the extent practicable, the
    32  nominees shall reflect diversity of race,  gender,  sexual  orientation,
    33  ethnicity,  and  geography, taking into consideration the court to which
    34  they are being nominated and the members with whom they might  be  serv-
    35  ing.
    36    d.  (1)  From among those recommended by the appropriate commission as
    37  provided in paragraph one of subdivision c of this section, the governor
    38  shall appoint a person to fill a vacancy in the office of justice of the
    39  supreme court and the office of judge of the court  of  claims,  by  and
    40  with  the  advice  and  consent of the senate, and designate a person as
    41  presiding justice or justice of the  appellate  division;  the  governor
    42  shall, upon the nomination of the mayor of the city of New York, appoint
    43  a  person  to  fill a vacancy in the office within such city of judge of
    44  the family court, the surrogate's court,  and  the  city-wide  court  or
    45  courts for such city established pursuant to section fifteen of this ar-
    46  ticle,  by and with the advice and consent of the senate; and the gover-
    47  nor shall, upon the nomination of the chief elected official of a county
    48  outside the city of New York in which a vacancy occurs in the office  of
    49  judge  of  the county court, the family court, the surrogate's court, or
    50  the district court, appoint a person to fill such office,  by  and  with
    51  the advice and consent of the senate.
    52    (2)  In the case of each appointment that is subject to the advice and
    53  consent of the senate, the governor shall transmit  to  the  senate  the
    54  written report of the appropriate commission relating to the appointee.
    55    e. When a vacancy occurs in a judicial office where appointment there-
    56  to  is subject to the advice and consent of the senate and the senate is
        A. 732                              6

     1  not in session to give its advice and consent to an appointment to  fill
     2  the  vacancy, the governor shall fill the vacancy by interim appointment
     3  as provided in subdivision d of this  section.  An  interim  appointment
     4  shall  continue  until the senate shall pass upon the selection.  If the
     5  senate confirms an appointment, the justice or  judge  shall  serve  the
     6  full  term provided for his or her office under this article, commencing
     7  from the date of such interim appointment.  If  the  senate  rejects  an
     8  appointment,  a  vacancy in the office shall occur sixty days after such
     9  rejection.
    10    § 11. Resolved (if the Senate concur), That subdivision a  of  section
    11  25 of article 6 of the constitution be amended to read as follows:
    12    a.  The  compensation of a judge of the court of appeals, a justice of
    13  the supreme court, a judge of the court of claims, a judge of the county
    14  court, a judge of the surrogate's court, a judge of the family court,  a
    15  judge  of  a  court  for  the  city  of New York established pursuant to
    16  section fifteen of this article, a judge of the district court or  of  a
    17  retired  judge  or  justice shall be established by law and shall not be
    18  diminished during [the] his or her term of office [for which he  or  she
    19  was  elected  or appointed. Any judge or justice of a court abolished by
    20  section thirty-five of  this  article,  who  pursuant  to  that  section
    21  becomes  a  judge or justice of a court established or continued by this
    22  article, shall  receive  without  interruption  or  diminution  for  the
    23  remainder  of  the  term for which he or she was elected or appointed to
    24  the abolished court the compensation he or she had been  receiving  upon
    25  the  effective date of this article together with any additional compen-
    26  sation that may be prescribed by law].
    27    § 12. Resolved (if the Senate concur), That article 6 of the constitu-
    28  tion be amended by adding a new section 36-d to read as follows:
    29    § 36-d. a. The amendments to sections four, six,  nine,  ten,  twelve,
    30  thirteen,  fifteen, sixteen, twenty and twenty-five of this article, the
    31  repeal of section twenty-one, and the insertion of a new  section  twen-
    32  ty-one  and  this  section, as first proposed by a concurrent resolution
    33  passed by the legislature in the year two thousand  twenty-three,  enti-
    34  tled  "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amend-
    35  ments to article 6 of the constitution, in relation  to  the  manner  of
    36  selecting judges and justices of the unified court system, and to repeal
    37  section 21 of article 6 thereof relating thereto" shall become a part of
    38  the constitution on the first day of January next after the approval and
    39  ratification  of the amendment proposed by such concurrent resolution by
    40  the people, but the provisions thereof shall not  become  operative  and
    41  the repeal of section twenty-one of this article shall not become effec-
    42  tive  until  September  first next thereafter which date shall be deemed
    43  the effective date of these amendments.
    44    b. Notwithstanding any other provision herein, the judges and justices
    45  of the appellate division, the supreme court, the court of  claims,  the
    46  county  court,  the  family  court, the surrogate's court, the city-wide
    47  court or courts for the city of New York established pursuant to section
    48  fifteen of this article, and the district court in office on the  effec-
    49  tive  date  of  this  section  shall  hold  their  offices as judges and
    50  justices of such courts until the expiration of their respective terms.
    51    § 13. Resolved (if the Senate concur), That the  foregoing  amendments
    52  be referred to the first regular legislative session convening after the
    53  next  succeeding  general  election  of members of the assembly, and, in
    54  conformity with section 1 of article 19  of  the  constitution,  be  pu-
    55  blished for 3 months previous to the time of such election.