Bill Text: NY A06552 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to judges of city courts; proposes modifications in many city court judgeships including, in some instances, conversion of part-time positions to full-time status.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2013-12-19 - approval memo.11 [A06552 Detail]
Download: New_York-2013-A06552-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6552--B
2013-2014 Regular Sessions
I N A S S E M B L Y
April 9, 2013
___________
Introduced by M. of A. MORELLE, WEINSTEIN, BRINDISI, BRONSON, BUCHWALD,
SKARTADOS, STECK, WEPRIN, LUPARDO -- (at request of the Office of
Court Administration) -- read once and referred to the Committee on
Judiciary -- reported and referred to the Committee on Ways and Means
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the uniform city court act and the judiciary law, in
relation to judges of city courts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 1 of subdivision (b) of section 2104 of the
2 uniform city court act, as amended by chapter 493 of the laws of 2006,
3 is amended to read as follows:
4 (1) be an attorney admitted to practice law in this state for at least
5 five years as of the date he or she commences the duties of office, and
6 be a resident of the city in which he or she is elected or appointed,
7 except that the judges of the Sherrill city court may reside anywhere in
8 either Oneida or Madison counties, the city court judge who serves in
9 the office that formerly was that of acting judge of the Oneida city
10 court may reside anywhere in Madison county, the judges of the Peekskill
11 city court may reside anywhere in Westchester county, the city court
12 judge who serves in the office that formerly was that of acting judge of
13 the Port Jervis city court may reside anywhere in either Sullivan or
14 Orange counties, the judges of the Hudson city court may reside anywhere
15 in Columbia county, the city court judge who serves in the office that
16 formerly was that of acting judge of the Mechanicville city court may
17 reside anywhere in Saratoga county, the judges of the Ogdensburg city
18 court may reside anywhere in St. Lawrence county, the judges of the
19 Rensselaer city court may reside anywhere in Rensselaer county and one
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09321-07-3
A. 6552--B 2
1 judge of the Cohoes city court AND THE CITY COURT JUDGE WHO SERVES IN
2 THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
3 COURT may reside anywhere in Albany county.
4 S 2. Subdivision (d) of section 2104 of the uniform city court act, as
5 amended by chapter 493 of the laws of 2006, is amended to read as
6 follows:
7 (d) The number of judges of the city court in each city shall be as
8 provided herein. Full-time judgeships are specifically so designated,
9 all others are part-time:
10 Par. Name of city
11 1 Albany, [four] FIVE full-time [and one part-time];
12 2 Amsterdam, one full-time and one part-time;
13 3 Auburn, one full-time and one part-time;
14 4 Batavia, one full-time and one part-time;
15 5 Beacon, one full-time and one part-time;
16 6 Binghamton, [two] THREE full-time [and one part-time];
17 7 Buffalo, [thirteen] FOURTEEN full-time;
18 8 Canandaigua, one full-time and one part-time;
19 9 Cohoes, two;
20 10 Corning, one full-time and one part-time;
21 11 Cortland, one full-time and one part-time;
22 12 Dunkirk, one full-time and one part-time;
23 13 Elmira, two full-time;
24 14 Fulton, one full-time and one part-time;
25 15 Geneva, three;
26 16 Glen Cove, two;
27 17 Glens Falls, one full-time and one part-time;
28 18 Gloversville, one full-time and one part-time;
29 19 Hornell, two;
30 20 Hudson, two;
31 21 Ithaca, [one] TWO full-time [and one part-time];
32 22 Jamestown, [one] TWO full-time [and one part-time];
33 23 Johnstown, two;
34 24 Kingston, [one] TWO full-time [and one part-time];
35 25 Lackawanna, one full-time and one part-time;
36 26 Little Falls, two;
37 27 Lockport, [one] TWO full-time [and one part-time];
38 28 Long Beach, two full-time;
39 29 Mechanicville, two;
40 30 Middletown, [one] TWO full-time [and one part-time];
41 31 Mount Vernon, three full-time and one part-time;
42 32 Newburgh, [two] THREE full-time;
43 33 New Rochelle, [two] THREE full-time [and one part-time];
44 34 Niagara Falls, four full-time;
45 35 North Tonawanda, one full-time and one part-time;
46 36 Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
47 37 Ogdensburg, one full-time and one part-time;
48 38 Olean, one full-time and one part-time;
49 39 Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
50 40 Oneonta, two;
51 41 Oswego, one full-time and one part-time;
52 42 Peekskill, one full-time and one part-time;
53 43 Plattsburgh, one full-time and one part-time;
54 44 Port Jervis, two;
55 45 Poughkeepsie, two full-time;
56 46 Rensselaer, two;
A. 6552--B 3
1 47 Rochester, [nine] TEN full-time;
2 48 Rome, [one] TWO full-time [and one part-time];
3 49 Rye, one full-time and one part-time;
4 50 Salamanca, two;
5 51 Saratoga Springs, [one] TWO full-time [and one part-time];
6 52 Schenectady, [three] FOUR full-time;
7 53 Sherrill, one;
8 54 Syracuse, [eight] NINE full-time;
9 55 Tonawanda, one full-time and one part-time;
10 56 Troy, [one] TWO full-time and one part-time;
11 57 Utica, three full-time;
12 58 Watertown, [one] TWO full-time [and one part-time];
13 59 Watervliet, two;
14 60 White Plains, [three] FOUR full-time [and one part-time];
15 61 Yonkers, [six] SEVEN full-time.
16 S 3. Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
17 section 2104 of the uniform city court act, as amended by chapter 493 of
18 the laws of 2006, are amended to read as follows:
19 (i) by the mayor of the city for which the court on which he or she
20 will serve has been established, with the advice and consent of the city
21 council: part-time city court judge of Beacon, part-time city court
22 judge of Corning, part-time city court judge of Cortland, part-time city
23 court judge of Gloversville, city court judge of Glen Cove who serves in
24 the office that on June first, two thousand one was an appointive office
25 pursuant to this subparagraph, [part-time city court judge of Ithaca,
26 part-time] city court judge of Jamestown WHO SERVES IN THE OFFICE THAT
27 WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU-
28 SAND THIRTEEN, part-time city court judge of Olean, city court judges of
29 Plattsburgh, city court judge of Port Jervis who serves in the office
30 that formerly was that of acting city court judge of Port Jervis, city
31 court judges of Rye, city court judge of Salamanca who serves in the
32 office that formerly was that of acting city court judge of Salamanca
33 and the [part-time] city court judge of Watertown WHO SERVES IN THE
34 OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WAS PART-TIME.
35 (ii) by the city council of the city for which the court on which he
36 or she will serve has been established: part-time city court judge of
37 Auburn, part-time city court judge of Batavia, part-time city court
38 judge of Canandaigua, city court judge of Johnstown who serves in the
39 office that formerly was that of acting city court judge of Johnstown,
40 city court judge of Newburgh who serves in the office that on March
41 thirty-first, two thousand one was part-time, city court judge of
42 Norwich who serves in the office that [formerly was that of acting city
43 court judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR COMMENCING
44 JANUARY FIRST, TWO THOUSAND THIRTEEN, city court judges of Peekskill,
45 and city court judges of White Plains.
46 S 4. The opening paragraph of subparagraph (iii) of paragraph 1 of
47 subdivision (e) of section 2104 of the uniform city court act, as
48 amended by chapter 493 of the laws of 2006, is amended to read as
49 follows:
50 by the mayor of the city for which the court on which he or she will
51 serve has been established: [part-time city court judge of Binghamton,]
52 city court judges of Cohoes, part-time city court judge of Dunkirk,
53 part-time city court judge of Fulton, city court judge of Geneva who
54 serves in the office that formerly was that of acting city court judge
55 of Geneva, city court judge of Hornell who serves in the office that
56 formerly was that of acting city court judge of Hornell, city court
A. 6552--B 4
1 judge of Hudson who serves in the office that formerly was that of
2 acting city court judge of Hudson, [part-time] city court judge of King-
3 ston WHO SERVES IN THE OFFICE THAT ON MARCH THIRTY-FIRST, TWO THOUSAND
4 FOURTEEN WAS PART-TIME, part-time city court judge of Lackawanna, city
5 court judge of Little Falls who serves in the office that formerly was
6 that of acting CITY court judge of Little Falls, [part-time city court
7 judge of Lockport,] city court judge of Mechanicville who serves in the
8 office that formerly was that of acting city court judge of Mechanic-
9 ville, [part-time] city court judge of Middletown WHO SERVES IN THE
10 OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY
11 FIRST, TWO THOUSAND THIRTEEN, part-time city court judge of Mount
12 Vernon, [part-time] city court judge of New Rochelle [and full-time city
13 court judge of such city who serves in the office created during the
14 calendar year commencing January first, two thousand one] WHO SERVES IN
15 THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY
16 FIRST, TWO THOUSAND THIRTEEN AND THE CITY COURT JUDGE OF SUCH CITY WHO
17 SERVES IN THE OFFICE THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS AN
18 APPOINTIVE OFFICE PURSUANT TO THIS SUBPARAGRAPH, part-time city court
19 judge of North Tonawanda, part-time city court judge of Ogdensburg,
20 PART-TIME city court judge of Oneida [who serves in the office that
21 formerly was that of acting city court judge of Oneida], city court
22 judge of Oneonta who serves in the office that formerly was that of
23 acting city court judge of Oneonta, part-time city court judge of Oswe-
24 go, city court judges of Poughkeepsie, city court judge of Rensselaer
25 who serves in the office that formerly was that of acting city court
26 judge of Rensselaer, [part-time] city court judge of Saratoga Springs
27 WHO SERVES IN THE OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR
28 COMMENCING JANUARY FIRST, TWO THOUSAND THIRTEEN, part-time city court
29 judge of Tonawanda and city court judge of Watervliet who serves in the
30 office that formerly was that of acting city court judge of Watervliet.
31 Provided, however, the following special provisions shall be applicable
32 in the city of Poughkeepsie:
33 S 5. Section 221-i of the judiciary law, as amended by chapter 493 of
34 the laws of 2006, is amended to read as follows:
35 S 221-i. Salary of judges of the city courts outside the city of New
36 York. [The] EXCEPT AS OTHERWISE PROVIDED BY CHAPTER FIVE HUNDRED SIXTY-
37 SEVEN OF THE LAWS OF TWO THOUSAND TEN, THE annual salary of each judge
38 of a city court outside the city of New York shall be as follows (where
39 this section provides different salaries for judicial positions on the
40 same court having the same title, the greater salary shall be paid the
41 person holding the position paid the greater salary on the day imme-
42 diately preceding the day on which such salaries took effect):
43 City Title
44 Albany City Court Judge (FT) 113,900
45 [Albany City Court Judge 54,400]
46 Amsterdam City Court Judge (FT) 108,800
47 Amsterdam City Court Judge 27,200
48 Auburn City Court Judge (FT) 108,800
49 Auburn City Court Judge [27,200] 54,400
50 Batavia City Court Judge (FT) 108,800
51 Batavia City Court Judge 27,200
52 Beacon City Court Judge (FT) 108,800
53 Beacon City Court Judge 27,200
54 Binghamton City Court Judge (FT) 108,800
A. 6552--B 5
1 [Binghamton City Court Judge 54,400]
2 Buffalo Chief Judge (FT) 115,100
3 Buffalo City Court Judge (FT) 113,900
4 Canandaigua City Court Judge (FT) 108,800
5 Canandaigua City Court Judge 27,200
6 Cohoes City Court Judge 54,400
7 Corning City Court Judge (FT) 108,800
8 Corning City Court Judge 27,200
9 Cortland City Court Judge (FT) 108,800
10 Cortland City Court Judge [27,200] 54,400
11 Dunkirk City Court Judge (FT) 108,800
12 Dunkirk City Court Judge 27,200
13 Elmira City Court Judge (FT) 108,800
14 Fulton City Court Judge (FT) 108,800
15 Fulton City Court Judge 27,200
16 Geneva City Court Judge 54,400
17 Geneva City Court Judge 27,200
18 Glen Cove City Court Judge 54,400
19 Gloversville City Court Judge (FT) 108,800
20 Gloversville City Court Judge 27,200
21 Glens Falls City Court Judge (FT) 108,800
22 Glens Falls City Court Judge 27,200
23 Hornell City Court Judge 54,400
24 Hornell City Court Judge 27,200
25 Hudson City Court Judge 54,400
26 Hudson City Court Judge 27,200
27 Ithaca City Court Judge (FT) 108,800
28 [Ithaca City Court Judge 54,400]
29 Jamestown City Court Judge (FT) 108,800
30 [Jamestown City Court Judge 54,400]
31 Johnstown City Court Judge 54,400
32 Johnstown City Court Judge 27,200
33 Kingston City Court Judge (FT) 108,800
34 [Kingston City Court Judge 54,400]
35 Lackawanna City Court Judge (FT) 108,800
36 Lackawanna City Court Judge 54,400
37 Lockport City Court Judge (FT) 108,800
38 [Lockport City Court Judge 54,400]
39 Long Beach City Court Judge (FT) 118,300
40 Little Falls City Court Judge 27,200
41 Mechanicville City Court Judge 27,200
42 Middletown City Court Judge (FT) 108,800
43 [Middletown City Court Judge 54,400]
44 Mount Vernon City Court Judge (FT) 118,300
45 Mount Vernon City Court Judge 54,400
46 Newburgh City Court Judge (FT) 108,800
47 Niagara Falls Chief Judge (FT) 115,100
48 Niagara Falls City Court Judge (FT) 113,900
49 Norwich City Court Judge (FT) [54,400] 108,800
50 Norwich City Court Judge 27,200
51 New Rochelle City Court Judge (FT) 118,300
52 [New Rochelle City Court Judge 54,400]
53 North Tonawanda City Court Judge (FT) 108,800
54 North Tonawanda City Court Judge 54,400
55 Ogdensburg City Court Judge (FT) 108,800
56 Ogdensburg City Court Judge 27,200
A. 6552--B 6
1 Olean City Court Judge (FT) 108,800
2 Olean City Court Judge 27,200
3 Oneida City Court Judge (FT) [54,400] 108,800
4 Oneida City Court Judge 27,200
5 Oneonta City Court Judge 54,400
6 Oneonta City Court Judge 27,200
7 Oswego City Court Judge (FT) 108,800
8 Oswego City Court Judge 27,200
9 Peekskill City Court Judge (FT) 108,800
10 Peekskill City Court Judge 54,400
11 Poughkeepsie City Court Judge (FT) 108,800
12 Plattsburgh City Court Judge (FT) 108,800
13 Plattsburgh City Court Judge 27,200
14 Port Jervis City Court Judge 54,400
15 [Port Jervis City Court Judge 27,200]
16 Rensselaer City Court Judge 54,400
17 Rensselaer City Court Judge 27,200
18 Rochester Chief Judge (FT) 115,100
19 Rochester City Court Judge (FT) 113,900
20 Rome City Court Judge (FT) 113,900
21 [Rome City Court Judge 54,400]
22 Rye City Court Judge (FT) 108,800
23 Rye City Court Judge [27,200] 54,400
24 Salamanca City Court Judge 54,400
25 SALAMANCA CITY COURT JUDGE 27,200
26 Saratoga Springs City Court Judge (FT) 108,800
27 [Saratoga Springs City Court Judge 54,400]
28 Schenectady City Court Judge (FT) 108,800
29 Sherrill City Court Judge 27,200
30 Syracuse Chief Judge (FT) 115,100
31 Syracuse City Court Judge (FT) 113,900
32 Tonawanda City Court Judge (FT) 108,800
33 Tonawanda City Court Judge 54,400
34 Troy City Court Judge (FT) 113,900
35 Troy City Court Judge 81,600
36 Utica Chief Judge (FT) 115,100
37 Utica City Court Judge (FT) 113,900
38 Watertown City Court Judge (FT) 108,800
39 [Watertown City Court Judge 27,200]
40 Watervliet City Court Judge 54,400
41 [Watervliet City Court Judge 27,200]
42 White Plains City Court Judge (FT) 116,800
43 [White Plains City Court Judge 54,400]
44 Yonkers Chief Judge (FT) 119,500
45 Yonkers City Court Judge (FT) 118,300
46 S 6. Transition. Notwithstanding any other provision of law, for
47 purposes of this act:
48 (a) On the effective date of this section:
49 (i) each of the following part-time judgeships shall be abolished and
50 replaced by a full-time judgeship: the part-time city court judge of
51 Albany, the part-time city court judge of Binghamton, the part-time city
52 court judge of Ithaca, the part-time city court judge of Jamestown, the
53 part-time city court judge of Kingston, the part-time city court judge
54 of Lockport, the part-time city judge of Middletown, the part-time city
55 court judge of New Rochelle, the part-time city court judge of Norwich
56 whose office is paid the greater compensation on such date, the part-
A. 6552--B 7
1 time city court judge of Oneida whose office is paid the greater compen-
2 sation on such date, the part-time city court judge of Rome, the part-
3 time city court judge of Saratoga Springs, the part-time city court
4 judge of Watertown and the part-time city court judge of White Plains.
5 Each person in a judgeship abolished by this subdivision shall continue
6 in service in the full-time judgeship that replaces such abolished
7 judgeship hereunder for the remainder of the term of office to which he
8 or she was selected in such abolished judgeship except that the persons
9 who continue in service in the full-time judgeships that replace the
10 abolished judgeships in the city courts of Binghamton and Lockport,
11 respectively, shall do so until the thirty-first day of December next
12 succeeding the date on which such term of office would otherwise expire;
13 and
14 (ii) the office of the elected part-time city court judge of Salamanca
15 shall receive the increase in compensation provided in section 221-i of
16 the judiciary law as amended by section five of this act.
17 (b) The new offices of full-time city court judge in the cities of
18 Buffalo, Newburgh, Rochester, Schenectady, Syracuse, Troy and Yonkers,
19 respectively, shall first be filled by election at the next general
20 election at which they can be filled for a full term to commence January
21 first next thereafter. For each of the offices of full-time city court
22 judge established in the cities of Binghamton and Lockport by paragraph
23 (i) of subdivision (a) of this section, upon the first occurrence of a
24 vacancy in such office following the effective date of this section,
25 such office shall be filled by election for a term commencing the first
26 day of January next succeeding the election.
27 S 7. (a) In the event that the compensation to be paid a judge of a
28 city court, as prescribed by this act or any other provision of law, is
29 lower than the compensation being paid such judge immediately prior to
30 the effective date of this section, such judge shall, for as long as he
31 or she holds the office in which he or she is serving on such effective
32 date, receive such higher compensation (plus any increases thereto as
33 shall thereafter be provided by law).
34 (b) Notwithstanding any provision of this act, this act shall not
35 extend or diminish any term of judicial office commenced prior to the
36 effective date of this section.
37 S 8. This act shall take effect on the first of April next succeeding
38 the date on which it shall have become a law; provided, however, that no
39 changes in the number or compensation of judges, as provided in sections
40 two and five of this act, may take effect in a city in which a full-time
41 judgeship replaces a part-time judgeship pursuant to this act until
42 authorized under section six of this act.
