Provides for appointments to the office of associate judge of the court of appeals where the vacancy is caused by governor's appointment, upon advice and consent of the senate, for chief judge of the court of appeals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5983
SPONSOR: Lavine TITLE OF BILL:
An act to amend the judiciary law, in relation to appointments to the
office of associate judge of the court of appeals
PURPOSE:
This legislation would amend the Judiciary Law to remove unnecessary
delays and streamline the judicial appointment process when the Governor
is required to fill a vacancy for Chief Judge and then subsequently fill
a vacancy for the sitting Associate Judge who was nominated for the role
of Chief Judge.
SUMMARY OF PROVISIONS:
Adds a new subdivision 2-a to Judiciary Law § 68 to provide that where a
vacancy for Associate Judge of the Court of Appeals is created by the
nomination of an Associate Judge to the position of Chief Judge, the
Governor may make an appointment for the vacancy from among the Commis-
sion on Judicial Nomination's recommendations for the preceding Chief
Judge vacancy.
EXISTING LAW:
The current Judiciary Law § 68 provides for procedures where vacancies
occur in the offices of the Chief Judge and Associate Judge of the Court
of Appeals whether by expiration of term or other than by expiration of
term; and when the Senate is in session or not in session.
JUSTIFICATION:
The current Judiciary Law § 68 does not take into consideration a nomi-
nation for Chief Judge that causes an immediate additional vacancy on
the Court of Appeals. This change would allow the Governor to nominate
an Associate Judge from among the Commission of Judicial Nomination's
recommendations for Chief Judge, where the appointment of a sitting
Associate Judge creates such a vacancy. Amending this law will prevent
the Court of Appeals from unnecessarily operating for an extended period
of time without a full bench, which results in split decisions and
delays in the important work of the court. The Governor would retain the
ability to notify the Commission of a vacancy to generate a new list if
the Governor does not wish to fill the vacancy from the recommendations
for Chief Judge. Permitting the Governor to make an additional selection
from the already approved list of qualified, recommended candidates for
Chief Judge expedites the lengthy process currently required and
promotes judicial efficiency.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
The legislation would be effective immediately.
STATE OF NEW YORK
________________________________________________________________________
5983
2023-2024 Regular Sessions
IN ASSEMBLY
March 28, 2023
___________
Introduced by M. of A. LAVINE -- (at request of the Governor) -- read
once and referred to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to appointments to the
office of associate judge of the court of appeals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 68 of the judiciary law is amended by adding a new
2 subdivision 2-a to read as follows:
3 2-a. Whenever the governor's appointment, upon advice and consent of
4 the senate, for chief judge of the court of appeals, causes a vacancy in
5 the office of associate judge of the court of appeals, the governor may
6 make an appointment for the associate judge vacancy from among the
7 commission's recommendations for the preceding chief judge vacancy,
8 provided that the associate judge vacancy occurs within sixty days from
9 the promulgation of recommendations by the commission for the preceding
10 chief judge vacancy. The governor may make such appointment immediately
11 upon the occurrence of the associate judge vacancy. If the governor does
12 not appoint a nominee from among those recommended for the preceding
13 chief judge vacancy within fifteen days of the occurrence of the associ-
14 ate judge vacancy, or upon notice from the governor, whichever occurs
15 sooner, the clerk of the court of appeals shall notify the commission of
16 the vacancy. Notwithstanding any other limitations of time established
17 by this section, the commission shall make its recommendations to the
18 governor no later than one hundred twenty days after receipt of such
19 notice, and the governor shall make his or her appointment from among
20 those persons recommended to him or her by the commission no sooner than
21 fifteen days nor later than thirty days after receipt of the commis-
22 sion's recommendations.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12004-01-3
