BILL NUMBER: S5482REVISED 3/27/23
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 25 of article 6 of the constitution, in relation to service
by retired justices and requiring judges and justices to retire at age
76
 
PURPOSE:
To increase the maximum age judges and justices may serve subject to
passage of a constitutional amendment in relation to service by retired
justices and requiring judges and justices to retire at age 76
 
SUMMARY OF PROVISIONS:
Section one of the bill amends § 23 of the judiciary law to increase the
age limitation on the term of judicial officials from age seventy to
seventy-six.
Section two of the bill amends subdivision 2 of § 114 of the judiciary
law to raise the maximum age a judge of the court of appeals retired
pursuant to subdivision b of section twenty-five of article six of the
constitution may be certified to serve as a justice of the supreme court
from the last day of December in the year in which he or she reaches the
age of seventy-six to the last day of December in the year in which he
or she reaches the age of eighty.
Section three of the bill amends subdivision 2 of § 115 of the judiciary
law to raise the maximum age a justice of the supreme court retired
pursuant to subdivision b of section twenty-five of article six of the
constitution may be certified to serve as a retired justice of the
supreme court from the last day of December in the year in which he or
she reaches the age of seventy-six to the last day of December in the
year in which he or she reaches the age of eighty.
Section four of the bill provides the effective date.
 
JUSTIFICATION:
Under the New York State Constitution, Judges of the Court of Appeals,
Justices of the Supreme Court, Judges of the Court of Claims, Judges of
the County Court, Judges of the Surrogate's Court, Judges of the Family
Court, and Judges of a Court for the City of New York are required to
retire no later than the end of the year that they turn seventy. Howev-
er, the law permits Judges of the Court of Appeals and Justices of the
Supreme Court to apply to be certified by the Administrative Board of
the Courts to continue to serve, assuming they are determined to have
the mental and physical capacity to perform the duties of the job and
that their services are necessary to expedite the business of the court.
This legislation is contingent upon the passage of a corresponding
constitutional amendment which would raise the age in which these judges
and justices must retire from the last day of December in the year in
which they reach the age of seventy to the last day of December in the
year in which they reach the age of seventy-six. Additionally, it would
update the age Judges of the Court of Appeals and Justices of the
Supreme Court may serve through the certification process. If the amend-
ment is adopted, then the law must be adjusted accordingly to properly
reflect the changes.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The same date and manner as a "Concurrent Resolution of the Senate and
Assembly proposing an amendment to section 25 of article 6 of the
constitution, in relation to service by retired justices and requiring
judges and justices to retire at age 76" takes effect.