S 714: Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.

  
  STATE OF NEW YORK ________________________________________________________________________ 714 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. RHOADS, BORRELLO, PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary AN ACT to amend the judiciary law, in relation to recusal by a court of appeals judge The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 9 of the judiciary law, as added by chapter 376 of 2 the laws of 2020, is amended to read as follows: 3 § 9. Recusal; reason. 1. Any judge, other than a court of appeals 4 judge, who recuses [himself or herself] themselves from sitting in or 5 taking any part in the decision of an action, claim, matter, motion or 6 proceeding shall provide the reason for such recusal in writing or on 7 the record; provided, however, that no such judge shall be required to 8 provide a reason for such recusal when the reason may result in embar- 9 rassment, or is of a personal nature, affecting the judge or a person 10 related to the judge within the sixth degree by consanguinity or affin- 11 ity. 12 2. When any court of appeals judge recuses themselves from sitting in 13 or taking any part in the decision, action, claim, matter, motion or 14 proceeding, a replacement shall be chosen on a rotating basis, based on 15 seniority, of the next available appellate division judge. 16 § 2. This act shall take effect on the thirtieth day after it shall 17 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02644-01-5