BILL NUMBER: S714
SPONSOR: RHOADS
 
TITLE OF BILL:
An act to amend the judiciary law, in relation to recusal by a court of
appeals judge
 
PURPOSE:
Relates to recusal by a court of appeals judge.
 
SUMMARY OF PROVISIONS:
Section 1. Section 9 of the judiciary law, as added by chapter 376 of
the laws of 2020, is amended to read as follows: § 9. Recusal; reason.
1. Any judge, other that a court of appeals judge, who recuses them-
selves from sitting in or taking any part in the decision of an action,
claim, mater, motion or proceeding shall provide, however that no such
judge shall be required to provide a reason for such recusal when the
reason may result in embarrassment, or is of a personal nature, affect-
ing by the judge or a person related to the judge within the sixth
degree by consanguinity or affinity.
2. When any court of appeals judge recuses themselves from sitting in or
taking any part on 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.
§ 2. This act shall take effect on the thirteenth day after it shall
have become a law.
 
JUSTIFICATION:
The court of appeals is the ultimate authority. The public has the right
to expect that the justices on the court will sit on all but extraor-
dinary circumstances. Transparency is paramount and the public has the
right to know that reason for recusal. As well has have confidence there
is a system in place for the substitution of justices when necessary.
That is free from biased or influenced.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirteenth day after it shall have
become a law.

Statutes affected:
S714: 9 judiciary law