S 7455: Provides a mandatory retirement age for judges and justices.

  
  STATE OF NEW YORK ________________________________________________________________________ 7455 2025-2026 Regular Sessions  IN SENATE April 16, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 25 of article 6 of the constitution, in relation to service by retired justices and requiring judges and justices to retire at age 76 1 Section 1. Resolved (if the Assembly concur), That subdivision b of 2 section 25 of article 6 of the constitution be amended to read as 3 follows: 4 b. Each judge of the court of appeals, justice of the supreme court, 5 judge of the court of claims, judge of the county court, judge of the 6 surrogate's court, judge of the family court, judge of a court for the 7 city of New York established pursuant to section fifteen of this article 8 and judge of the district court shall retire on the last day of December 9 in the year in which [he or she] such judge or justice reaches the age 10 of [seventy] seventy-six. Each [such] former judge of the court of 11 appeals and justice of the supreme court may thereafter perform the 12 duties of a justice of the supreme court, with power to hear and deter- 13 mine actions and proceedings, provided, however, that it shall be 14 certificated in the manner provided by law that the services of such 15 judge or justice are necessary to expedite the business of the court and 16 that [he or she] such judge or justice is mentally and physically able 17 and competent to perform the full duties of such office. Any such 18 certification shall be valid for a term of two years and may be extended 19 as provided by law for an additional term or terms of two years in the 20 manner provided by law. A retired judge or justice shall serve no longer 21 than until the last day of December in the year in which [he or she 22 reaches] they reach the age of [seventy-six] eighty. A retired judge or 23 justice shall be subject to assignment by the appellate division of the 24 supreme court of the judicial department of [his or her] their resi- 25 dence. Any retired justice of the supreme court who had been designated 26 to and served as a justice of any appellate division immediately preced- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89083-01-5 
 S. 7455 2 1 ing [his or her] reaching the age of [seventy] seventy-six shall be 2 eligible for designation by the governor as a temporary or additional 3 justice of the appellate division. A retired judge or justice shall not 4 be counted in determining the number of justices in a judicial district 5 for purposes of subdivision d of section six of this article. 6 § 2. Resolved (if the Assembly concur), That the foregoing be referred 7 to the first regular legislative session convening after the next 8 succeeding general election of members of the assembly, and, in conform- 9 ity with section 1 of article 19 of the constitution, be published for 3 10 months previous to the time of such election.