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A05366 Summary:

BILL NOA05366
 
SAME ASSAME AS S05414
 
SPONSORBores
 
COSPNSRBichotte Hermelyn, Cunningham, Raga, Gonzalez-Rojas, Burdick, Simone, Lee, De Los Santos, Magnarelli, Sillitti, Kelles, Hyndman, Epstein, Seawright, Dinowitz, Gallagher, Gibbs, Simon, Weprin, Cruz, Glick, Rajkumar, Davila, Tannousis, Tapia, Forrest, Carroll, Burgos, Rivera, Taylor, Dickens, Zaccaro, Rosenthal L, Fall, O'Donnell
 
MLTSPNSR
 
Amd Art 6 §6, Constn
 
Authorizes the legislature to increase the number of justices of the supreme court in any judicial district.
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A05366 Actions:

BILL NOA05366
 
03/07/2023referred to judiciary
03/08/2023to attorney-general for opinion
04/03/2023opinion referred to judiciary
01/03/2024referred to judiciary
01/08/2024to attorney-general for opinion
01/26/2024opinion referred to judiciary
03/19/2024reported
03/21/2024advanced to third reading cal.369
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A05366 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5366                  Revised 3/8/2023
 
SPONSOR: Bores
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 6 of the constitution, in relation to the number of supreme court justices in any judicial district   PURPOSE OR GENERAL IDEA OF BILL: The act would remove the current constitutional limitation on the number of Supreme Court justices, allowing the legislature to set the number of justices, as they can for every other court.   SUMMARY OF PROVISIONS: The amendment strikes out a single clause of a single sentence from article 6 of the constitution, removing the limitation of one supreme court justice per fifty thousand occupants of a district.   JUSTIFICATION: The current constitutional cap on the number of supreme court justices has placed undue strain on the judicial system, resulting in a severe backlog of cases. At least two jurisdictions have reached the limit: New York's first and twelfth judicial districts. Judges across the state are overburdened, and families are left in limbo awaiting legal resolution. These delays disproportionately harm people of color and the econom- ically disadvantaged. This legislation will increase the maximum number of Supreme Court justices, providing more flexibility for judicial districts to meet the needs of the public. This will expedite court processes, improve the public's experience of the judicial system, and ultimately ensure that the courts are better able to serve all New Yorkers.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: That the foregoing amendments be referred to the first regular legisla- tive session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
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A05366 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5366
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2023
                                       ___________
 
        Introduced  by M. of A. BORES -- read once and referred to the Committee
          on Judiciary
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing amendments to article 6 of the constitution,  in  relation  to
          the number of supreme court justices in any judicial district

     1    Section  1.  Resolved  (if  the  Senate concur), That subdivision d of
     2  section 6 of article 6  of  the  constitution  be  amended  to  read  as
     3  follows:
     4    d.  The  supreme court is continued. It shall consist of the number of
     5  justices of the supreme court including the justices designated  to  the
     6  appellate  divisions of the supreme court, judges of the county court of
     7  the counties of Bronx, Kings, Queens and  Richmond  and  judges  of  the
     8  court of general sessions of the county of New York authorized by law on
     9  the  thirty-first day of August next after the approval and ratification
    10  of this amendment by the people, all of whom shall be  justices  of  the
    11  supreme  court  for  the  remainder  of their terms. The legislature may
    12  increase the number of justices of the supreme  court  in  any  judicial
    13  district[, except that the number in any district shall not be increased
    14  to  exceed one justice for fifty thousand, or fraction over thirty thou-
    15  sand, of the population thereof as shown by the last federal  census  or
    16  state  enumeration]. The legislature may decrease the number of justices
    17  of the supreme court in any judicial district, except that the number in
    18  any district shall not be less  than  the  number  of  justices  of  the
    19  supreme court authorized by law on the effective date of this article.
    20    § 2. Resolved (if the Senate concur), That the foregoing amendments be
    21  referred  to  the  first regular legislative session convening after the
    22  next succeeding general election of members of  the  assembly,  and,  in
    23  conformity  with  section  1  of  article  19  of  the  constitution, be
    24  published for 3 months previous to the time of such election.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89071-01-3
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