Allows for justices to reside in any town, village or city contained in whole or in part within the same assembly district as the court such justice serves or in an assembly district contiguous to such municipality where the court is located; authorizes towns and villages to require that any person who serves as a town or village justice be admitted to practice law in the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A964A
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the uniform justice court act, the public officers law
and the uniform city court act, in relation to allowing for justices to
reside in any town, village or city within the same assembly district as
the court such justice serves and establishing minimum educational
requirements for certain town and village justices
PURPOSE OR GENERAL IDEA OF BILL:
This bill allows a justice of a local justice court, also known as town,
village, or city court, to live within the same assembly district as the
court on which they serve; and allows' for towns or villages to vote to
require town or village justices be admitted to practice law in New York
State.
SUMMARY OF PROVISIONS:
Section 1 adds section 106-c to the Uniform Justice Act which allows a
justice of a town, village, or city court to reside in any town,
village, or city contained in whole or in part within the same assembly
district as the court on which the justice serves.
Section 2 adds section 105-a to the Uniform Justice Act to allow for
towns or villages to elect, by a majority vote of the governing body of
such town or village, to require town or village justices be admitted to
practice law in New York State.
Section 3 adds subdivision 10-a to section 3 of the Public Officers Law
to provide concurring language within public officers law.
Section 4 adds subdivision (g) to section 2104 of the Uniform City Court
Act to make concurring changes to the City court system.
JUSTIFICATION:
Study after study has demonstrated that judges of justice courts, also
known as town, village, and city courts, account for the overwhelming
majority of judicial misconduct cases and routinely result in New York-
ers being denied their fundamental due process rights. Data indicates
that this is exacerbated in rural areas, where these judges are often
not attorneys. Expanding eligibility to those residing in the same New
York State Assembly District would allow for the expansion of the pool
of qualified justice courts. Unlike other jurisdictions, New York State
Assembly Districts must be made up of like communities under state law.
Most importantly, the judge will still be voted on only by the residents
of the city, town, or village where the court is located. Town and
village court justices make up the majority of all judges in New York
State. In 2019, Monroe County's Democrat & Chronicle reported that "town
and village justices comprise less than two-thirds of the roughly 3,400
judges in New York, yet account for 70 percent of the discipline cases
brought by the State Commission on Judicial Conduct. Of those cases, 80%
of the disciplined judges are non-lawyers, according to the Commission.
This bill will help ensure that New Yorkers facing difficult times and
who are now in front of our court system will have access to the fair
administration of justice, and those voting for town, village, and city
courts will have access to the most qualified judges available.
PRIOR HISTORY:
2024: Similar Bill (A.1146/Lunsford) Died in Judiciary
2023: Similar Bill (A.1146/Lunsford) Died in Judiciary
2022: Similar Bill (A.9066/Lunsford) Died in Judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
964--A
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. LUNSFORD, GLICK, DAVILA -- read once and referred
to the Committee on Judiciary -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the uniform justice court act, the public officers law
and the uniform city court act, in relation to allowing for justices
to reside in any town, village or city within the same assembly
district as the court such justice serves and establishing minimum
educational requirements for certain town and village justices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The uniform justice court act is amended by adding a new
2 section 106-c to read as follows:
3 § 106-c. Residency of justices.
4 Notwithstanding any other provision of law to the contrary, any
5 justice serving a term of office in a town, village or city court may
6 reside in any town, village or city contained in whole or in part within
7 the same assembly district as the court such justice serves.
8 § 2. The uniform justice court act is amended by adding a new section
9 105-a to read as follows:
10 § 105-a. Minimum educational requirements of certain town and village
11 justices.
12 Notwithstanding any other provision of law to the contrary, any town
13 or village, may by a majority vote of the governing body of such town or
14 village, require that any person who serves as a town or village justice
15 be admitted to practice law in the state. Any change in the requirements
16 for eligibility to serve as town or village justice shall take effect
17 upon commencement of the next judicial term of office following the
18 election after enactment of the local law.
19 § 3. Section 3 of the public officers law is amended by adding a new
20 subdivision 10-a to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01318-02-5
A. 964--A 2
1 10-a. Neither the provisions of this section nor of any general,
2 special or local law, charter, code, ordinance, resolution, rule or
3 regulation, requiring a person to be a resident of the political subdi-
4 vision or municipal corporation of the state for which they shall be
5 chosen or within which their official functions are required to be exer-
6 cised, shall apply to the appointment of justices of a town or village
7 court who resides in an assembly district contiguous to such munici-
8 pality.
9 § 4. Section 2104 of the uniform city court act is amended by adding a
10 new subdivision (g) to read as follows:
11 (g) Neither the provisions of this section nor of any general, special
12 or local law, charter, code, ordinance, resolution, rule or regulation,
13 requiring a person to be a resident of the political subdivision or
14 municipal corporation of the state for which they shall be chosen or
15 within which their official functions are required to be exercised,
16 shall apply to the appointment of justices of a city court outside of
17 the city of New York who resides in an assembly district contiguous to
18 such municipality.
19 § 5. This act shall take effect on the first of January next succeed-
20 ing the date on which it shall have become a law.
