NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8883
SPONSOR: Rivera TITLE OF BILL:
An act to amend the judiciary law, in relation to judicial departments
PURPOSE OR GENERAL IDEA OF BILL::
To create the fourteenth and fifteenth judicial districts, alters the
composition of the fifth, seventh, and eighth judicial districts hereto-
fore constituted, and reapportions the justices thereof. This bill is
modeled off of Chapter 690 of the Laws of 2007, which created the thir-
teenth judicial district.
SUMMARY OF PROVISIONS::
Section one and two amend sections 70 and 140 of the Judiciary Law to
create the fourteenth and fifteenth judicial districts and to alter the
composition of the fifth, seventh, and eight judicial districts are
heretofore constituted.
Section three would amend section 140-a of the Judiciary Law to add two
new subdivisions and amend subdivisions five, seven, and eight.
Section four would specify the justices for the fifth, seventh, and
eighth judicial districts as heretofore constituted, and to the justices
of the fourteenth and fifteenth judicial districts as established by
this act.
Section five would relate to the intended object of the act: to erect in
the fourth judicial department the fourteenth and fifteenth judicial
districts, and to alter the composition and reapportion the justices of
the fifth, seventh, and eighth judicial districts are heretofore consti-
tuted.
Section six would establish a severability clause.
Section seven would establish the effective date.
JUSTIFICATION::
The State Constitution authorizes the Legislature, once every ten years,
to "increase or decrease the number of judicial districts or alter the
composition of judicial districts and thereupon reapportion the justices
to be thereafter elected in the judicial districts so altered." The
Legislature last exercised this authority in 2007, when it established
the thirteenth judicial district in the county of Richmond. In the more
than ten years since then, a longstanding lack of diversity on the West-
ern new York bench has come into sharp focus. This bill aims• to
address that inequality by establishing two new judicial districts in
the fourth judicial department.
As currently constituted, the districts of the fourth judicial depart-
ment combine urban centers with large rural communities. The demograph-
ics of the department correlate to the urban-rural divide. While over-
all the 4th Department contains a significant percent of people of
color, it is not reflected in the demographics of the bench. The three
most densely populated counties of the fourth department-Erie, Monroe,
and Onondaga- each contain over 25% people of color and represent 57% of
the department's total population. Despite representing the vast major-
ity of Black, Latino and Asian residents in the department, the Western
New York bench has suffered from a striking lack of justices represen-
tative of those communities. According to a 2024 demographic survey
reported by the Office of Court Administration-in which 42 of the 67
Supreme Court Justices in the Fourth Judicial Department responded-the
results are sobering: only 1 justice identified themselves as Black,
and zero identified as Asian or Hispanic in the entire department.
This bill is designed to remedy that inequality. It establishes judicial
districts for the three largest urban centers of Erie, Monroe, and Onon-
daga counties, and it creates two judicial districts for the depart-
ment's more rural counties. By doing so, the Legislature intends to
empower all of the citizens of the fourth judicial department to elect
Supreme Court justices that reflect and represent the diversity of the
region.
PRIOR LEGISLATIVE HISTORY::
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None,
EFFECTIVE DATE::
This act shall take effect immediately except that the provisions of
sections one, two, three, and four of this act shall take effect January
1, 2027.
STATE OF NEW YORK
________________________________________________________________________
8883
2025-2026 Regular Sessions
IN ASSEMBLY
June 9, 2025
___________
Introduced by M. of A. RIVERA, PEOPLES-STOKES -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the judiciary law, in relation to judicial departments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 70 of the judiciary law, as amended by chapter 690
2 of the laws of 2007, is amended to read as follows:
3 § 70. Judicial departments. The state is hereby divided into four
4 judicial departments. The first department shall consist of the counties
5 embraced within the first and twelfth judicial districts; the second
6 department shall consist of the counties embraced within the second,
7 ninth, tenth, eleventh and thirteenth judicial districts; the third
8 department shall consist of the counties embraced within the third,
9 fourth and sixth judicial districts; the fourth department shall consist
10 of the counties embraced within the fifth, seventh [and], eighth, four-
11 teenth, and fifteenth judicial districts.
12 § 2. Section 140 of the judiciary law, as amended by chapter 10 of the
13 laws of 1948, the opening paragraph and the second undesignated para-
14 graph as amended and the thirteenth undesignated paragraph as added by
15 chapter 690 of the laws of 2007, the first undesignated paragraph as
16 amended by chapter 1006 of the laws of 1981, the tenth undesignated
17 paragraph as amended and the eleventh undesignated paragraph as added by
18 chapter 692 of the laws of 1962, and the twelfth undesignated paragraph
19 as amended by chapter 38 of the laws of 1982, is amended and two new
20 undesignated paragraphs fourteen and fifteen are added to read as
21 follows:
22 § 140. Division of state into judicial districts. The state is hereby
23 divided into [thirteen] fifteen judicial districts, pursuant to the
24 provisions of the first section of the sixth article of the constitu-
25 tion, which districts shall be arranged as follows:
26 The first judicial district shall consist of the county of New York;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13372-02-5
A. 8883 2
1 The second judicial district shall consist of the county of Kings;
2 The third judicial district shall consist of the counties of Columbia,
3 Sullivan, Ulster, Greene, Albany, Schoharie and Rensselaer;
4 The fourth judicial district shall consist of the counties of Warren,
5 Saratoga, Washington, Essex, Franklin, Saint Lawrence, Clinton, Montgom-
6 ery, Hamilton, Fulton and Schenectady;
7 The fifth judicial district shall consist of the counties of [Ononda-
8 ga,] Oneida, Oswego, Herkimer, Jefferson [and], Lewis, Cayuga, Ontario,
9 Seneca, Wayne and Yates;
10 The sixth judicial district shall consist of the counties of Otsego,
11 Delaware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins, Cortland
12 and Schuyler;
13 The seventh judicial district shall consist of the [counties] county
14 of [Livingston, Wayne, Seneca, Yates, Ontario, Steuben,] Monroe [and
15 Cayuga];
16 The eighth judicial district shall consist of the [counties] county of
17 Erie[, Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and
18 Wyoming];
19 The ninth judicial district shall consist of the counties of Westches-
20 ter, Putnam, Dutchess, Orange and Rockland;
21 The tenth judicial district shall consist of the counties of Nassau
22 and Suffolk.
23 The eleventh judicial district shall consist of the county of Queens.
24 The creation of such eleventh district shall not affect or impair the
25 rights, privileges or compensation of any officer or employee of the
26 supreme court in office on the first day of September, nineteen hundred
27 and sixty-two in the tenth judicial district as theretofore constituted;
28 each such officer or employee employed in the county of Queens on such
29 date shall thereafter be an officer or employee for the eleventh judi-
30 cial district and each such officer or employee employed in the counties
31 of Nassau and Suffolk on such date shall thereafter be an officer or
32 employee for the tenth judicial district.
33 The twelfth judicial district shall consist of the county of Bronx.
34 The creation of such twelfth district shall not affect or impair the
35 rights, privileges or compensation of any officer or employee of the
36 supreme court in office on the first day of January, nineteen hundred
37 eighty-three in the first judicial district as theretofore constituted;
38 each such officer or employee employed in the county of Bronx on such
39 date shall thereafter be an officer or employee for the twelfth judicial
40 district and each such officer or employee employed in the county of New
41 York on such date shall thereafter be an officer or employee for the
42 first judicial district.
43 The thirteenth judicial district shall consist of the county of Rich-
44 mond. The creation of such thirteenth district shall not affect or
45 impair the rights, privileges or compensation of any officer or employee
46 of the supreme court in office on the first day of January, two thousand
47 eight in the second judicial district as theretofore constituted; each
48 such officer or employee employed in the county of Richmond on such date
49 shall thereafter be an officer or employee for the thirteenth judicial
50 district and each such officer or employee employed in the county of
51 Kings on such date shall thereafter be an officer or employee for the
52 second judicial district.
53 The fourteenth judicial district shall consist of the county of Onon-
54 daga. The creation of such fourteenth district shall not affect or
55 impair the rights, privileges or compensation of any officer or employee
56 of the supreme court in office on the first day of January, two thousand
A. 8883 3
1 twenty-six in the fifth judicial district as theretofore constituted;
2 each such officer or employee employed in the county of Onondaga on such
3 date shall thereafter be an officer or employee for the fourteenth judi-
4 cial district and each such officer or employee employed in the counties
5 of Herkimer, Jefferson, Lewis, Oneida, and Oswego on such date shall
6 thereafter be an officer or employee for the fifth judicial district.
7 The fifteenth judicial district shall consist of the counties of Alle-
8 gany, Cattaraugus, Chautauqua, Genesee, Livingston, Niagara, Orleans,
9 Steuben, and Wyoming. The creation of such fifteenth judicial district
10 shall not affect or impair the rights, privileges, or compensation of
11 any officer or employee of the supreme court in office on the first day
12 of January, two thousand twenty-six in the seventh and eighth judicial
13 districts as theretofore constituted; each such officer or employee
14 employed in the counties of Cayuga, Ontario, Seneca, Wayne, and Yates on
15 such date shall thereafter be an officer or employee for the fifth judi-
16 cial district; each such officer or employee employed in the county of
17 Monroe on such date shall thereafter be an officer or employee for the
18 seventh judicial district; each such officer or employee employed in the
19 county of Erie on such date shall thereafter be an officer or employee
20 for the eighth judicial district; each such officer or employee employed
21 in the counties of Allegany, Cattaraugus, Chautauqua, Genesee, Living-
22 ston, Niagara, Orleans, Steuben, and Wyoming shall thereafter be an
23 officer or employee for the fifteenth judicial district.
24 § 3. Section 140-a of the judiciary law, as amended by chapter 749 of
25 the laws of 2023, is amended to read as follows:
26 § 140-a. Number of supreme court justices in each judicial district.
27 The number of justices of the supreme court in each judicial district
28 shall be as follows:
29 1. First district, thirty-eight;
30 2. Second district, fifty-three;
31 3. Third district, seventeen;
32 4. Fourth district, fourteen;
33 5. Fifth district, [nineteen] fourteen;
34 6. Sixth district, eleven;
35 7. Seventh district, [twenty] thirteen;
36 8. Eighth district, [twenty-eight] eighteen;
37 9. Ninth district, thirty-four;
38 10. Tenth district, fifty-one;
39 11. Eleventh district, forty-four;
40 12. Twelfth district, twenty-nine;
41 13. Thirteenth district, nine.
42 14. Fourteenth district, nine.
43 15. Fifteenth district, thirteen.
44 No person may serve in the office of justice of the supreme court
45 unless [he or she] such person has been admitted to practice law in the
46 state of New York for at least ten years as of the date [he or she
47 commences] they commence the duties of office.
48 § 4. The following named justices or their successors in office on the
49 effective date of this act shall for the remainder of the terms for
50 which they were elected or appointed be justices of the supreme court in
51 and for the fifth judicial district as reconstituted and continued by
52 this act.
53 Elena Cariola
54 Jason Cook
55 Scott DelConte
A. 8883 4
1 Julie Denton
2 Danielle Fogel
3 Gregory Gilbert
4 James McClusky
5 Charles Merrell
6 William Ramseier
7 Peter Rayhill
8 Mark Rose
9 James Vazzana
10 Jean Marie Westlake
11 The following named justices or their successors in office on the
12 effective date of this act shall for the remainder of the terms for
13 which they were elected or appointed be justices of the supreme court in
14 and for the seventh judicial district as reconstituted and continued by
15 this act.
16 Victoria Argento
17 Vincent Dinolfo
18 Gail Donofrio
19 Daniel Doyle
20 John Gallagher
21 Stephen Lindley
22 Kevin Nasca
23 Alexander Renzi
24 Stacey Romeo
25 Charles Schiano
26 Judith Sinclair
27 Erin Skinner
28 William Taylor
29 The following named justices or their successors in office on the
30 effective date of this act shall for the remainder of the terms for
31 which they were elected or appointed be justices of the supreme court in
32 and for the eighth judicial district as reconstituted and continued by
33 this act.
34 Tracey Bannister
35 John Curran
36 Diane Devlin
37 Paula Feroleto
38 Daniel Furlong
39 Deborah Haendiges
40 Craig Hannah
41 Lynn Keane
42 John Licata
43 Amy Martoche
44 Mark Montour
45 Henry Nowak
46 Catherine Nugent
47 E. Jeanette Ogden
48 Frank Sedita
49 Donna Siwek
50 Mary Slisz
51 Gerald Whalen
A. 8883 5
1 The following named justices or their successors in office on the
2 effective date of this act shall for the remainder of the terms for
3 which they were elected or appointed be justices of the supreme court in
4 and for the fourteenth judicial district as created and constituted by
5 this act.
6 Robert Antonacci
7 Donald Greenwood
8 Deborah Karalunas
9 Kevin Kuehner
10 Joseph Lamendola
11 Rory McMahon
12 James Murphy
13 Gerard Neri
14 The following named justices or their successors in office on the
15 effective date of this act shall for the remainder of the terms for
16 which they were elected or appointed be justices of the supreme court in
17 and for the fifteenth judicial district as created and constituted by
18 this act.
19 Frank Caruso
20 Deborah Chimes
21 Emilio Colaiacovo
22 Gerald Greenan III
23 Grace Hanlon
24 Joseph Lorigo
25 Michael Norris
26 Kelly Vacco
27 Sam Valleriani
28 Joseph Waldorf
29 James Walsh
30 Raymond Walter
31 Paul Wojtaszek
32 § 5. It is the intended object of this act to erect, in the fourth
33 judicial department, the fourteenth judicial district, comprising the
34 county of Onondaga, and the fifteenth judicial district, comprising the
35 counties of Allegany, Cattaraugus, Chautauqua, Genesee, Livingston,
36 Niagara, Orleans, Steuben, and Wyoming, and to provide for the employees
37 thereof selection, designation, nomination and election in the general
38 election to be held in November 2026 of justices of the fifth, seventh,
39 eighth, fourteenth, and fifteenth judicial districts consistent with the
40 foregoing provisions of this act. Any other consistent provision of law,
41 rule or regulation which by its terms or in its application aids in the
42 accomplishment of such object shall be given full force and effect. Any
43 provision which is inconsistent with the accomplishment of such object
44 shall be denied force and effect to the extent that it may be applicable
45 thereto.
46 § 6. If any provision of any section of this act is held void or
47 unconstitutional, all other provisions and all other sections of this
48 act which are not expressly held to be void or unconstitutional shall
49 continue in full force and effect.
50 § 7. This act shall take effect immediately except that the provisions
51 of sections one, two, three, and four of this act shall take effect
52 January 1, 2027.
