Bill Text: NY S04596 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Increases the number of city court judges in certain cities and sets forth the annual salary for such city court judges.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-24 - PRINT NUMBER 4596B [S04596 Detail]
Download: New_York-2011-S04596-Amended.html
Bill Title: Increases the number of city court judges in certain cities and sets forth the annual salary for such city court judges.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-24 - PRINT NUMBER 4596B [S04596 Detail]
Download: New_York-2011-S04596-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4596--A
2011-2012 Regular Sessions
I N S E N A T E
April 13, 2011
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- recommitted to the Commit-
tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, 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
20 judge of the Cohoes city court AND THE CITY COURT JUDGE WHO SERVES IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09903-04-1
S. 4596--A 2
1 THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
2 COURT may reside anywhere in Albany county.
3 S 2. Subdivision (d) of section 2104 of the uniform city court act, as
4 amended by chapter 493 of the laws of 2006, is amended to read as
5 follows:
6 (d) The number of judges of the city court in each city shall be as
7 provided herein. Full-time judgeships are specifically so designated,
8 all others are part-time:
9 Par. Name of city
10 1 Albany, [four] FIVE full-time [and one part-time];
11 2 Amsterdam, one full-time and one part-time;
12 3 Auburn, one full-time and one part-time;
13 4 Batavia, one full-time and one part-time;
14 5 Beacon, one full-time and one part-time;
15 6 Binghamton, two full-time and one part-time;
16 7 Buffalo, [thirteen] FOURTEEN full-time;
17 8 Canandaigua, one full-time and one part-time;
18 9 Cohoes, two;
19 10 Corning, one full-time and one part-time;
20 11 Cortland, one full-time and one part-time;
21 12 Dunkirk, one full-time and one part-time;
22 13 Elmira, two full-time;
23 14 Fulton, one full-time and one part-time;
24 15 Geneva, three;
25 16 Glen Cove, two;
26 17 Glens Falls, one full-time and one part-time;
27 18 Gloversville, one full-time and one part-time;
28 19 Hornell, two;
29 20 Hudson, two;
30 21 Ithaca, [one] TWO full-time [and one part-time];
31 22 Jamestown, [one] TWO full-time [and one part-time];
32 23 Johnstown, two;
33 24 Kingston, one full-time and one part-time;
34 25 Lackawanna, one full-time and one part-time;
35 26 Little Falls, two;
36 27 Lockport, [one] TWO full-time [and one part-time];
37 28 Long Beach, two full-time;
38 29 Mechanicville, two;
39 30 Middletown, [one] TWO full-time [and one part-time];
40 31 Mount Vernon, three full-time and one part-time;
41 32 Newburgh, [two] THREE full-time;
42 33 New Rochelle, [two] THREE full-time [and one part-time];
43 34 Niagara Falls, four full-time;
44 35 North Tonawanda, one full-time and one part-time;
45 36 Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
46 37 Ogdensburg, one full-time and one part-time;
47 38 Olean, one full-time and one part-time;
48 39 Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
49 40 Oneonta, [two] ONE FULL-TIME AND ONE PART-TIME;
50 41 Oswego, one full-time and one part-time;
51 42 Peekskill, one full-time and one part-time;
52 43 Plattsburgh, one full-time and one part-time;
53 44 Port Jervis, two;
54 45 Poughkeepsie, two full-time;
55 46 Rensselaer, two;
56 47 Rochester, nine full-time;
S. 4596--A 3
1 48 Rome, [one] TWO full-time [and one part-time];
2 49 Rye, one full-time and one part-time;
3 50 Salamanca, two;
4 51 Saratoga Springs, [one] TWO full-time [and one part-time];
5 52 Schenectady, three full-time;
6 53 Sherrill, one;
7 54 Syracuse, eight full-time;
8 55 Tonawanda, one full-time and one part-time;
9 56 Troy, [one] TWO full-time and one part-time;
10 57 Utica, three full-time;
11 58 Watertown, one full-time and one part-time;
12 59 Watervliet, two;
13 60 White Plains, [three] FOUR full-time [and one part-time];
14 61 Yonkers, [six] SEVEN full-time.
15 S 3. Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
16 section 2104 of the uniform city court act, as amended by chapter 493 of
17 the laws of 2006, are amended to read as follows:
18 (i) by the mayor of the city for which the court on which he or she
19 will serve has been established, with the advice and consent of the city
20 council: part-time city court judge of Beacon, part-time city court
21 judge of Corning, part-time city court judge of Cortland, part-time city
22 court judge of Gloversville, city court judge of Glen Cove who serves in
23 the office that on June first, two thousand one was an appointive office
24 pursuant to this subparagraph, [part-time city court judge of Ithaca,
25 part-time] city court judge of Jamestown WHO SERVES IN THE OFFICE THAT
26 WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU-
27 SAND THIRTEEN, part-time city court judge of Olean, city court judges of
28 Plattsburgh, city court judge of Port Jervis who serves in the office
29 that formerly was that of acting city court judge of Port Jervis, city
30 court judges of Rye, city court judge of Salamanca who serves in the
31 office that formerly was that of acting city court judge of Salamanca
32 and the part-time city court judge of Watertown.
33 (ii) by the city council of the city for which the court on which he
34 or she will serve has been established: part-time city court judge of
35 Auburn, part-time city court judge of Batavia, part-time city court
36 judge of Canandaigua, city court judge of Johnstown who serves in the
37 office that formerly was that of acting city court judge of Johnstown,
38 city court judge of Newburgh who serves in the office that on March
39 thirty-first, two thousand one was part-time, city court judge of
40 Norwich who serves in the office that [formerly was that of acting city
41 court judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR COMMENCING
42 JANUARY FIRST, TWO THOUSAND THIRTEEN, city court judges of Peekskill,
43 and city court judges of White Plains.
44 S 4. The opening paragraph of subparagraph (iii) of paragraph 1 of
45 subdivision (e) of section 2104 of the uniform city court act, as
46 amended by chapter 493 of the laws of 2006, is amended to read as
47 follows:
48 by the mayor of the city for which the court on which he or she will
49 serve has been established: part-time city court judge of Binghamton,
50 city court judges of Cohoes, part-time city court judge of Dunkirk,
51 part-time city court judge of Fulton, city court judge of Geneva who
52 serves in the office that formerly was that of acting city court judge
53 of Geneva, city court judge of Hornell who serves in the office that
54 formerly was that of acting city court judge of Hornell, city court
55 judge of Hudson who serves in the office that formerly was that of
56 acting city court judge of Hudson, part-time city court judge of King-
S. 4596--A 4
1 ston, part-time city court judge of Lackawanna, city court judge of
2 Little Falls who serves in the office that formerly was that of acting
3 CITY court judge of Little Falls, [part-time city court judge of Lock-
4 port,] city court judge of Mechanicville who serves in the office that
5 formerly was that of acting city court judge of Mechanicville, [part-
6 time] city court judge of Middletown WHO SERVES IN THE OFFICE THAT WAS
7 CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOUSAND
8 THIRTEEN, part-time city court judge of Mount Vernon, [part-time] city
9 court judge of New Rochelle [and full-time city court judge of such city
10 who serves in the office created during the calendar year commencing
11 January first, two thousand one] WHO SERVES IN THE OFFICE THAT WAS
12 CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOUSAND
13 THIRTEEN AND THE CITY COURT JUDGE OF SUCH CITY WHO SERVES IN THE OFFICE
14 THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS AN APPOINTIVE OFFICE
15 PURSUANT TO THIS SUBPARAGRAPH, part-time city court judge of North Tona-
16 wanda, part-time city court judge of Ogdensburg, PART-TIME city court
17 judge of Oneida [who serves in the office that formerly was that of
18 acting city court judge of Oneida], PART-TIME city court judge of Oneon-
19 ta [who serves in the office that formerly was that of acting city court
20 judge of Oneonta], part-time city court judge of Oswego, city court
21 judges of Poughkeepsie, city court judge of Rensselaer who serves in the
22 office that formerly was that of acting city court judge of Rensselaer,
23 [part-time] city court judge of Saratoga Springs WHO SERVES IN THE
24 OFFICE THAT WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY
25 FIRST, TWO THOUSAND THIRTEEN, part-time city court judge of Tonawanda
26 and city court judge of Watervliet who serves in the office that former-
27 ly was that of acting city court judge of Watervliet. Provided, howev-
28 er, the following special provisions shall be applicable in the city of
29 Poughkeepsie:
30 S 5. Section 221-i of the judiciary law, as amended by chapter 493 of
31 the laws of 2006, is amended to read as follows:
32 S 221-i. Salary of judges of the city courts outside the city of New
33 York. The annual salary of each judge of a city court outside the city
34 of New York shall be as follows (where this section provides different
35 salaries for judicial positions on the same court having the same title,
36 the greater salary shall be paid the person holding the position paid
37 the greater salary on the day immediately preceding the day on which
38 such salaries took effect):
39 City Title
40 Albany City Court Judge (FT) 113,900
41 [Albany City Court Judge 54,400]
42 Amsterdam City Court Judge (FT) 108,800
43 Amsterdam City Court Judge 27,200
44 Auburn City Court Judge (FT) 108,800
45 Auburn City Court Judge [27,200] 54,400
46 Batavia City Court Judge (FT) 108,800
47 Batavia City Court Judge 27,200
48 Beacon City Court Judge (FT) 108,800
49 Beacon City Court Judge 27,200
50 Binghamton City Court Judge (FT) 108,800
51 Binghamton City Court Judge 54,400
52 Buffalo Chief Judge (FT) 115,100
53 Buffalo City Court Judge (FT) 113,900
54 Canandaigua City Court Judge (FT) 108,800
S. 4596--A 5
1 Canandaigua City Court Judge 27,200
2 Cohoes City Court Judge 54,400
3 Corning City Court Judge (FT) 108,800
4 Corning City Court Judge 27,200
5 Cortland City Court Judge (FT) 108,800
6 Cortland City Court Judge [27,200] 54,400
7 Dunkirk City Court Judge (FT) 108,800
8 Dunkirk City Court Judge 27,200
9 Elmira City Court Judge (FT) 108,800
10 Fulton City Court Judge (FT) 108,800
11 Fulton City Court Judge 27,200
12 Geneva City Court Judge 54,400
13 Geneva City Court Judge 27,200
14 Glen Cove City Court Judge 54,400
15 Gloversville City Court Judge (FT) 108,800
16 Gloversville City Court Judge 27,200
17 Glens Falls City Court Judge (FT) 108,800
18 Glens Falls City Court Judge 27,200
19 Hornell City Court Judge 54,400
20 Hornell City Court Judge 27,200
21 Hudson City Court Judge 54,400
22 Hudson City Court Judge 27,200
23 Ithaca City Court Judge (FT) 108,800
24 [Ithaca City Court Judge 54,400]
25 Jamestown City Court Judge (FT) 108,800
26 [Jamestown City Court Judge 54,400]
27 Johnstown City Court Judge 54,400
28 Johnstown City Court Judge 27,200
29 Kingston City Court Judge (FT) 108,800
30 Kingston City Court Judge 54,400
31 Lackawanna City Court Judge (FT) 108,800
32 Lackawanna City Court Judge 54,400
33 Lockport City Court Judge (FT) 108,800
34 [Lockport City Court Judge 54,400]
35 Long Beach City Court Judge (FT) 118,300
36 Little Falls City Court Judge 27,200
37 Mechanicville City Court Judge 27,200
38 Middletown City Court Judge (FT) 108,800
39 [Middletown City Court Judge 54,400]
40 Mount Vernon City Court Judge (FT) 118,300
41 Mount Vernon City Court Judge 54,400
42 Newburgh City Court Judge (FT) 108,800
43 Niagara Falls Chief Judge (FT) 115,100
44 Niagara Falls City Court Judge (FT) 113,900
45 Norwich City Court Judge (FT) [54,400] 108,800
46 Norwich City Court Judge 27,200
47 New Rochelle City Court Judge (FT) 118,300
48 [New Rochelle City Court Judge 54,400]
49 North Tonawanda City Court Judge (FT) 108,800
50 North Tonawanda City Court Judge 54,400
51 Ogdensburg City Court Judge (FT) 108,800
52 Ogdensburg City Court Judge 27,200
53 Olean City Court Judge (FT) 108,800
54 Olean City Court Judge 27,200
55 Oneida City Court Judge (FT) [54,400] 108,800
S. 4596--A 6
1 Oneida City Court Judge 27,200
2 Oneonta City Court Judge(FT) [54,400] 108,800
3 Oneonta City Court Judge 27,200
4 Oswego City Court Judge (FT) 108,800
5 Oswego City Court Judge 27,200
6 Peekskill City Court Judge (FT) 108,800
7 Peekskill City Court Judge 54,400
8 Poughkeepsie City Court Judge (FT) 108,800
9 Plattsburgh City Court Judge (FT) 108,800
10 Plattsburgh City Court Judge 27,200
11 Port Jervis City Court Judge 54,400
12 [Port Jervis City Court Judge 27,200]
13 Rensselaer City Court Judge 54,400
14 Rensselaer City Court Judge 27,200
15 Rochester Chief Judge (FT) 115,100
16 Rochester City Court Judge (FT) 113,900
17 Rome City Court Judge (FT) 113,900
18 [Rome City Court Judge 54,400]
19 Rye City Court Judge (FT) 108,800
20 Rye City Court Judge [27,200] 54,400
21 Salamanca City Court Judge 54,400
22 SALAMANCA CITY COURT JUDGE 27,200
23 Saratoga Springs City Court Judge (FT) 108,800
24 [Saratoga Springs City Court Judge 54,400]
25 Schenectady City Court Judge (FT) 108,800
26 Sherrill City Court Judge 27,200
27 Syracuse Chief Judge (FT) 115,100
28 Syracuse City Court Judge (FT) 113,900
29 Tonawanda City Court Judge (FT) 108,800
30 Tonawanda City Court Judge 54,400
31 Troy City Court Judge (FT) 113,900
32 Troy City Court Judge 81,600
33 Utica Chief Judge (FT) 115,100
34 Utica City Court Judge (FT) 113,900
35 Watertown City Court Judge (FT) 108,800
36 Watertown City Court Judge 27,200
37 Watervliet City Court Judge 54,400
38 [Watervliet City Court Judge 27,200]
39 White Plains City Court Judge (FT) 116,800
40 [White Plains City Court Judge 54,400]
41 Yonkers Chief Judge (FT) 119,500
42 Yonkers City Court Judge (FT) 118,300
43 S 6. Transition. Notwithstanding any other provision of law, for
44 purposes of this act:
45 (a) On the effective date of this section:
46 (i) each of the following part-time judgeships shall be abolished and
47 replaced by a full-time judgeship: the part-time city court judge of
48 Albany, the part-time city court judge of Ithaca, the part-time city
49 court judge of Jamestown, the part-time city court judge of Lockport,
50 the part-time city judge of Middletown, the part-time city court judge
51 of New Rochelle, the part-time city court judge of Norwich whose office
52 is paid the greater compensation on such date, the part-time city court
53 judge of Oneida whose office is paid the greater compensation on such
54 date, the part-time city court judge of Oneonta whose office is paid the
55 greater compensation on such date, the part-time city court judge of
56 Rome, the part-time city court judge of Saratoga Springs and the part-
S. 4596--A 7
1 time city court judge of White Plains. Each person in a judgeship abol-
2 ished by this subdivision shall continue in service in the full-time
3 judgeship that replaces such abolished judgeship hereunder for the
4 remainder of the term of office to which he or she was selected in such
5 abolished judgeship except that the person who continues in service in
6 the full-time judgeship that replaces the abolished judgeship in the
7 city court of Lockport shall do so until the thirty-first day of Decem-
8 ber next succeeding the date on which such term of office would other-
9 wise expire; and
10 (ii) the office of the part-time city court judge of Salamanca senior
11 in service on such date shall receive the increase in compensation
12 provided in section 221-i of the judiciary law as amended by section
13 five of this act.
14 (b) The new offices of full-time city court judge in the cities of
15 Buffalo, Newburgh, Troy and Yonkers, respectively, shall first be filled
16 by election at the next general election at which they can be filled for
17 a full term to commence January first next thereafter. Upon the first
18 occurrence of a vacancy in the office of full-time city court judge of
19 the city court of Lockport established by paragraph (i) of subdivision
20 (a) of this section, the office shall be filled by election for a term
21 commencing the first day of January next succeeding the election.
22 S 7. (a) In the event that the compensation to be paid a judge of a
23 city court, as prescribed by this act or any other provision of law, is
24 lower than the compensation being paid such judge immediately prior to
25 the effective date of this section, such judge shall, for as long as he
26 or she holds the office in which he or she is serving on such effective
27 date, receive such higher compensation (plus any increases thereto as
28 shall thereafter be provided by law).
29 (b) Notwithstanding any provision of this act, this act shall not
30 extend or diminish any term of judicial office commenced prior to the
31 effective date of this section.
32 S 8. This act shall take effect on the first of April next succeeding
33 the date on which it shall have become a law; provided, however, that no
34 changes in the number or compensation of judges, as provided in sections
35 two and five of this act, may take effect in a city in which a full-time
36 judgeship replaces a part-time judgeship pursuant to this act until
37 authorized under section six of this act.
