Bill Text: NY S00714 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2025-01-08 - REFERRED TO JUDICIARY [S00714 Detail]

Download: New_York-2025-S00714-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           714

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by Sens. RHOADS, BORRELLO, PALUMBO -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary

        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.
                                                                   LBD02644-01-5