-  This bill is not active in this session.
 

A02688 Summary:

BILL NOA02688B
 
SAME ASSAME AS S01325-B
 
SPONSORCusick (MS)
 
COSPNSRTitone, Tobacco
 
MLTSPNSRBing, Hooper, Hyer-Spencer, Latimer
 
Amd SS70, 140 & 140-a, add S815, Judy L
 
Creates the thirteenth judicial district consisting of the county of Richmond; provides for continued employment of employees of supreme court in county of Richmond.
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A02688 Actions:

BILL NOA02688B
 
01/18/2007referred to judiciary
02/14/2007amend and recommit to judiciary
02/14/2007print number 2688a
06/18/2007amend (t) and recommit to judiciary
06/18/2007print number 2688b
06/21/2007reported referred to rules
06/22/2007reported
06/22/2007rules report cal.893
06/22/2007substituted by s1325b
 S01325 AMEND=B LANZA
 01/19/2007REFERRED TO JUDICIARY
 02/21/2007AMEND AND RECOMMIT TO JUDICIARY
 02/21/2007PRINT NUMBER 1325A
 05/08/2007REPORTED AND COMMITTED TO FINANCE
 05/30/2007REPORTED AND COMMITTED TO RULES
 06/05/2007ORDERED TO THIRD READING CAL.1485
 06/06/2007PASSED SENATE
 06/06/2007DELIVERED TO ASSEMBLY
 06/06/2007referred to judiciary
 06/18/2007RECALLED FROM ASSEMBLY
 06/18/2007returned to senate
 06/18/2007VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/18/2007AMENDED ON THIRD READING (T) 1325B
 06/21/2007REPASSED SENATE
 06/21/2007RETURNED TO ASSEMBLY
 06/21/2007referred to judiciary
 06/22/2007substituted for a2688b
 06/22/2007ordered to third reading rules cal.893
 06/22/2007passed assembly
 06/22/2007returned to senate
 11/26/2007DELIVERED TO GOVERNOR
 12/05/2007SIGNED CHAP.690
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A02688 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2688B
 
SPONSOR: Cusick (MS)
  TITLE OF BILL: An act to amend the judiciary law, in relation to the creation of the thirteenth judicial district consisting of the county of Richmond and a supreme court library at Richmond   PURPOSE: Creates the thirteenth judicial district consisting of the county of Richmond. This measure mirrors Chapter 1006 of 1981 that created the twelfth judicial district consisting Bronx County.   SUMMARY OF PROVISIONS: Sections one and two amend sections 70 and 140 of the Judiciary Law to create the thirteenth Judicial District consisting of the County of Richmond. Section three amends subdivisions 2 and 12 of the Judiciary Law and also adds a new subdivision 13. Section four relates to the county of Richmond court library. Section five relates to justices of the second and thirteenth judicial districts. Section six amends the Judiciary Law by adding a new section 815 creat- ing the Supreme Court Library at Richmond County. Section seven relates to the intended object of this act to erect, in the second judicial department, the thirteenth judicial district comprised of the County of Richmond. Section eight is a severability clause. Section nine is the effective date.   EXISTING LAW: Nominations for State Supreme Court justices are often arbitrated and determined at Judicial Conventions. Delegates to these conventions are elected in a process which reflects the population of each county that comprises a judicial district. Thus, counties with larger populations receive more delegates and in turn, more power to determine who is nomi- nated to the judgeship.   JUSTIFICATION: Consequently, under this structure, it is possible for one county in a district to receive, by virtue of its population size, an irrefutable monopoly on power in this nomination process. In New York State's Second Judicial District, which is comprised of the counties of Richmond (Staten Island) and 'Kings (Brooklyn), just such a scenario exists. Such a monopoly was exemplified a few years ago when a Supreme Court seat, traditionally held by a Staten Island resident, was filled by a judge from Kings County, despite pleas for fairness by Staten Island deleg- ates. With this appointment, Staten Island -- a county of over 450,000 residents (15.5% of the District) -- was left with just 4 Supreme Court justices who are residents of the Island. Based on its size, a minimum of 7 of the 48 justices should be from Staten Island. In contrast to this, 44 of the 48 justices for this district have been filled by residents of the county of Kings. However, based on its population of 450,153 -- which is 15.5% of total district -- Staten Island should have a minimum of 7 justices. Brooklyn's popu- lation of 2,465,286 is 84.5% -- not the 91.6% indicated by virtue of having 44 justices. This argument has recently been reinforced by the 2000 census data which revealed that while the population of the County of Richmond (Staten Island) increased by 71,176 (18.78%), Kings County (Brooklyn), also expanded by 164,622 (7.15%). These statistics clearly indicate that the population growth incurred will allow Kings County (Brooklyn) to continue to dominate. Additionally, the sheer size of this judicial district will surely cause further delays and clog the already overburdened system even more. On the other hand, this enlarged population base of Staten Island justi- fies its own separate and independent 13th Judicial District. Staten Island was the fourth fastest-growing county in the State. For the peri- od from July 1,2000, to July 1, 2002 Staten Island's population increased an estimated 11,886, for a growth rate of 2.7%. The strikingly unfair distribution of authority to determine justices, combined with the extra strain on the system, can only be rectified by separating Staten Island from the 2nd Judicial District and by creating a 13th Judicial District comprised solely of Staten Island.   LEGISLATIVE HISTORY: Similar to: 2006: S.1417 - Passed Senate/A.2621 - Referred to Judiciary. 2005: S.1417 - Passed Senate/A.2621 - Referred to Judiciary. 2004: S.1884 - Passed Senate/A.4308 - Referred to Judiciary. 2003: S.1884 - Passed Senate/A.4308 - Referred to Judiciary.   FISCAL IMPLICATIONS: None. This legislation does not alter the number of judges, officers or employees assigned to the districts.   EFFECTIVE DATE: This act shall take effective immediately except that the provisions of sections one through six of this act shall take effect January 1, 2009.
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