Bill Text: NY A08408 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 8408 (Prior Session Legislation)

Introduced

Bill Title: Relates to the timeliness of judicial decisions; considered misconduct.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-15 - referred to judiciary [A08408 Detail]

Download: New_York-2013-A08408-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8408
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2013
                                      ___________
       Introduced  by M. of A. STECK -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the judiciary law, in  relation  to  the  timeliness  of
         judicial decisions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 2-A of the judiciary law is amended by adding a new
    2  section 49 to read as follows:
    3    S 49. TIMELY JUDICIAL DECISIONS. 1. A JUDGE SHALL RENDER DECISIONS  ON
    4  MOTIONS AND ISSUE NON-JURY VERDICTS IN A TIMELY MANNER.
    5    2.  TIMELY IS DEFINED AS BEING NO LATER THAN NINE MONTHS FROM THE DATE
    6  THE PARTIES HAVE FULLY SUBMITTED THE MATTER FOR  THE  JUDGE'S  CONSIDER-
    7  ATION.
    8    3.  THE  FAILURE TO MAKE A TIMELY DECISION SHALL BE CONSIDERED MISCON-
    9  DUCT.  THE CLERK OF THE COURT SHALL REFER ANY UNTIMELY DECISIONS TO  THE
   10  COMMISSION FOR CONSIDERATION OF POSSIBLE DISCIPLINE OF THE JUDGE.
   11    4.  A JUDGE SHALL NOT INTERFERE WITH THE CLERK'S DUTY TO TRANSMIT SUCH
   12  INFORMATION TO THE COMMISSION. ANY SUCH INTERFERENCE MAY SUBJECT A JUDGE
   13  TO REMOVAL FROM OFFICE.
   14    5. THE COMMISSION SHALL REMOVE FROM OFFICE ANY JUDGE FOUND  TO  BE  IN
   15  VIOLATION OF THIS SECTION MORE THAN FIVE TIMES, AND MAY ISSUE SUCH LESS-
   16  ER PENALTIES AS IT DEEMS APPROPRIATE FOR LESS NUMEROUS VIOLATIONS.
   17    6.  A JUDGE SHALL BE REMOVED FROM OFFICE FOR FAILURE TO RENDER A DECI-
   18  SION ON A MOTION OR A NON-JURY VERDICT WITHIN TWO YEARS  FROM  THE  DATE
   19  THE  PARTIES  HAVE  FULLY SUBMITTED THE MATTER FOR THE JUDGE'S CONSIDER-
   20  ATION.
   21    7. WITH RESPECT TO MATTERS CURRENTLY PENDING BEFORE A JUDGE WHICH HAVE
   22  NOT BEEN DECIDED WITHIN THE TIME LIMIT SET FORTH IN SUBDIVISION  SIX  OF
   23  THIS  SECTION,  THE JUDGE SHALL HAVE SIX MONTHS TO RENDER A TIMELY DECI-
   24  SION. IF A DECISION IS NOT RENDERED WITHIN SUCH TIME, ALL PENALTIES  SET
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13243-02-3
       A. 8408                             2
    1  FORTH  IN  THIS STATUTE SHALL APPLY, INCLUDING THE PENALTY PRESCRIBED IN
    2  SUBDIVISION SIX OF THIS SECTION.
    3    8.  A  JUDGE  MAY BE EXCUSED FROM COMPLIANCE FOR EXTRAORDINARY CIRCUM-
    4  STANCES AS SUCH ARE DETERMINED BY THE COMMISSION OR  WHEN  A  JUDGE  HAS
    5  REQUESTED  THAT  THE  CHIEF  ADMINISTRATIVE JUDGE TRANSFER THE MATTER TO
    6  ANOTHER JUDGE WHEN HE OR SHE HAS A GOOD FAITH BASIS FOR BELIEVING HE  OR
    7  SHE CANNOT DECIDE THE MATTER IN A TIMELY FASHION.
    8    S 2. This act shall take effect January 1, 2015.