S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4271
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2015
                                      ___________
       Introduced by M. of A. BRENNAN, GOTTFRIED, LAVINE, PAULIN -- Multi-Spon-
         sored by -- M. of A.  LUPARDO -- read once and referred to the Commit-
         tee on Judiciary
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing  amendments  to  article 6 of the constitution, in relation to
         the manner of selecting judges  and  justices  of  the  unified  court
         system, and to repeal section 21 of article 6 thereof relating thereto
    1    Section  1.  Resolved  (if  the  Senate concur), That subdivision c of
    2  section 4 of article 6  of  the  constitution  be  amended  to  read  as
    3  follows:
    4    c.  The  governor shall designate the presiding justice of each appel-
    5  late division, who shall act as such during his or her  term  of  office
    6  and  shall  be  a  resident of the department. The other justices of the
    7  appellate divisions shall be designated by the governor,  from  all  the
    8  justices  [elected to] OF the supreme court, OTHER THAN THOSE SERVING BY
    9  INTERIM APPOINTMENT PURSUANT TO SECTION TWENTY-ONE OF THIS  ARTICLE  for
   10  terms  of five years or the unexpired portions of their respective terms
   11  of office, if less than five years.
   12    S 2. Resolved (if the Senate concur), That subdivisions  b  and  c  of
   13  section  6  of  article  6  of  the  constitution  be amended to read as
   14  follows:
   15    b. Once every ten years the legislature may increase or  decrease  the
   16  number  of  judicial  districts  or  alter  the  composition of judicial
   17  districts and thereupon  re-apportion  the  justices  to  be  thereafter
   18  [elected]  SELECTED  in the judicial districts so altered. Each judicial
   19  district shall be bounded by county lines.
   20    c. [The justices of the supreme court shall be chosen by the  electors
   21  of  the  judicial  district  in  which  they are to serve.] The terms of
   22  justices of the supreme court shall be fourteen years [from and  includ-
   23  ing the first day of January next after their election].
   24    S  3.  Resolved (if the Senate concur), That section 9 of article 6 of
   25  the constitution be amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89021-01-5
       A. 4271                             2
    1    S 9. The court of claims is continued. It shall consist of  the  eight
    2  judges  now  authorized  by  law,  but the legislature may increase such
    3  number and may reduce such number to six or  seven.  The  TERMS  OF  THE
    4  judges  shall  be  [appointed by the governor by and with the advice and
    5  consent  of  the  senate and their terms of office shall be] nine years.
    6  The court shall have jurisdiction to hear and determine  claims  against
    7  the  state  or  by the state against the claimant or between conflicting
    8  claimants as the legislature may provide.
    9    S 4. Resolved (if the Senate concur), That subdivisions  a  and  b  of
   10  section  10  of  article  6  of  the  constitution be amended to read as
   11  follows:
   12    a. The county court is continued in each county outside  the  city  of
   13  New  York. There shall be at least one judge of the county court in each
   14  county and such number of additional judges in each  county  as  may  be
   15  provided  by law. The judges shall be residents of the county [and shall
   16  be chosen by the electors of the county].
   17    b. The terms of the judges of the county  court  shall  be  ten  years
   18  [from and including the first day of January next after their election].
   19    S  5.  Resolved  (if  the Senate concur), That subdivisions b and c of
   20  section 12 of article 6 of  the  constitution  be  amended  to  read  as
   21  follows:
   22    b. The judges of the surrogate's court shall be residents of the coun-
   23  ty [and shall be chosen by the electors of the county].
   24    c. The terms of the judges of the surrogate's court in the city of New
   25  York shall be fourteen years, and in other counties ten years[, from and
   26  including the first day of January next after their election].
   27    S 6. Resolved (if the Senate concur), That subdivision a of section 13
   28  of article 6 of the constitution be amended to read as follows:
   29    a. The family court of the state of New York is hereby established. It
   30  shall  consist  of at least one judge in each county outside the city of
   31  New York and such number of additional judges for such counties  as  may
   32  be provided by law. Within the city of New York it shall consist of such
   33  number  of  judges  as  may be provided by law. The judges of the family
   34  court within the city of New York shall be residents of  such  city  and
   35  [shall  be  appointed  by the mayor of the city of New York for terms of
   36  ten years. The] THE judges of the family court outside the city  of  New
   37  York[,]  shall  be  [chosen by the electors of the counties wherein they
   38  reside for] RESIDENTS OF THE COUNTY. THE terms of JUDGES OF  THE  FAMILY
   39  COURT SHALL BE ten years.
   40    S 7. Resolved (if the Senate concur), That subdivision a of section 15
   41  of article 6 of the constitution be amended to read as follows:
   42    a.  The legislature shall by law establish a single court of city-wide
   43  civil jurisdiction and a single court of city-wide criminal jurisdiction
   44  in and for the city of New  York  and  the  legislature  may,  upon  the
   45  request  of  the mayor and the local legislative body of the city of New
   46  York, merge the two courts into one city-wide court of  both  civil  and
   47  criminal  jurisdiction.  The said city-wide courts shall consist of such
   48  number of judges as may be provided by law. The judges of the  court  of
   49  city-wide  civil  jurisdiction  AND  OF  THE COURT OF CITY-WIDE CRIMINAL
   50  JURISDICTION shall be residents of such city [and shall be  chosen  for]
   51  AND THEIR terms [of] SHALL BE ten years [by the electors of the counties
   52  included within the city of New York from districts within such counties
   53  established by law. The judges of the court of city-wide criminal juris-
   54  diction shall be residents of such city and shall be appointed for terms
   55  of ten years by the mayor of the city of New York].
       A. 4271                             3
    1    S 8. Resolved (if the Senate concur), That subdivision h of section 16
    2  of article 6 of the constitution be amended to read as follows:
    3    h.  The judges shall be residents of the district and [shall be chosen
    4  by the electors of the district. Their] THEIR terms shall be  six  years
    5  [from and including the first day of January next after their election].
    6    S  9.  Resolved  (if the Senate concur), That the opening paragraph of
    7  subdivision b of section 20 of article 6 of the constitution be  amended
    8  to read as follows:
    9    A  judge  of the court of appeals, justice of the supreme court, judge
   10  of the court of claims, judge of a county court,  judge  of  the  surro-
   11  gate's court, judge of the family court or judge of a court for the city
   12  of New York established pursuant to section fifteen of this article [who
   13  is  elected  or  appointed after the effective date of this article] may
   14  not:
   15    S 10. Resolved (if the Senate concur), That section 21 of article 6 of
   16  the constitution be REPEALED and a new section 21 be added  to  read  as
   17  follows:
   18    S  21.  A.  THERE  SHALL  BE A JUDICIAL NOMINATING COMMISSION FOR EACH
   19  JUDICIAL DISTRICT OUTSIDE THE CITY OF NEW YORK TO EVALUATE THE  QUALIFI-
   20  CATIONS OF CANDIDATES FOR APPOINTMENT IN SUCH DISTRICT TO THE OFFICES OF
   21  JUDGE  OR  JUSTICE  OF  THE  SUPREME COURT, THE COUNTY COURT, THE FAMILY
   22  COURT, THE SURROGATE'S COURT, AND, IN EACH DISTRICT IN  WHICH  THE  DIS-
   23  TRICT COURT HAS BEEN ESTABLISHED, THE DISTRICT COURT. THERE SHALL BE ONE
   24  CITY-WIDE  JUDICIAL NOMINATING COMMISSION TO EVALUATE THE QUALIFICATIONS
   25  OF CANDIDATES FOR APPOINTMENT IN THE CITY OF NEW YORK TO THE OFFICES  OF
   26  JUDGE OR JUSTICE OF THE SUPREME COURT, THE FAMILY COURT, THE SURROGATE'S
   27  COURT,  AND THE CITY-WIDE COURT OR COURTS FOR SUCH CITY ESTABLISHED PUR-
   28  SUANT TO SECTION FIFTEEN OF THIS ARTICLE. THERE SHALL BE  ONE  STATEWIDE
   29  JUDICIAL  NOMINATING COMMISSION TO EVALUATE THE QUALIFICATIONS OF CANDI-
   30  DATES FOR APPOINTMENT TO THE OFFICE OF JUDGE OF THE COURT OF CLAIMS, AND
   31  FOR DESIGNATION TO THE OFFICES OF PRESIDING JUSTICE AND JUSTICE  OF  THE
   32  APPELLATE DIVISION.
   33    B. (1) EACH SUCH COMMISSION SHALL CONSIST OF THIRTEEN AT-LARGE MEMBERS
   34  OF  WHOM  FOUR  SHALL  BE  APPOINTED BY THE GOVERNOR, THREE BY THE CHIEF
   35  JUDGE OF THE COURT OF APPEALS, ONE EACH BY THE  TEMPORARY  PRESIDENT  OF
   36  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SEN-
   37  ATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND ONE BY THE PRESIDENT OF
   38  THE  NEW  YORK  STATE  BAR  ASSOCIATION.  THE CHIEF ADMINISTRATOR OF THE
   39  COURTS SHALL BE A MEMBER OF THE STATEWIDE  JUDICIAL  NOMINATING  COMMIS-
   40  SION.  EACH  COMMISSION,  OTHER  THAN  A  STATEWIDE  JUDICIAL NOMINATING
   41  COMMISSION, ALSO SHALL INCLUDE ONE AT-LARGE MEMBER APPOINTED BY THE PRE-
   42  SIDING JUSTICE OF THE APPELLATE DIVISION OF THE DEPARTMENT IN WHICH  THE
   43  DISTRICT  IS  LOCATED  AND  TWO REGIONAL MEMBERS FROM EACH COUNTY IN THE
   44  DISTRICT APPOINTED BY THE CHIEF ELECTED OFFICIAL OF THE  COUNTY,  EXCEPT
   45  THAT  THERE SHALL BE FOUR REGIONAL MEMBERS APPOINTED FROM EACH COUNTY IN
   46  THE CITY OF NEW YORK, TWO OF  WHOM  SHALL  BE  APPOINTED  BY  THE  CHIEF
   47  ELECTED  OFFICIAL  OF  SUCH COUNTY AND TWO OF WHOM SHALL BE APPOINTED BY
   48  THE MAYOR OF SUCH CITY. REGIONAL  MEMBERS  SHALL  SERVE  ONLY  WHEN  THE
   49  VACANT  OFFICE  IS  TO  BE FILLED BY A RESIDENT OF THEIR COUNTY.  TO THE
   50  EXTENT PRACTICABLE, THE MEMBERS OF EACH COMMISSION SHALL REFLECT  DIVER-
   51  SITY  OF  RACE,  GENDER,  SEXUAL  ORIENTATION, ETHNICITY, GEOGRAPHY AND,
   52  AMONG THOSE WHO ARE ALSO MEMBERS OF THE BAR, VARIOUS PRACTICE AREAS  AND
   53  SIZE OF PRACTICE.
   54    (2)  OF THE FOUR MEMBERS OF EACH COMMISSION APPOINTED BY THE GOVERNOR,
   55  NOT MORE THAN TWO SHALL BE ENROLLED IN THE SAME POLITICAL PARTY  AND  AT
   56  LEAST  TWO  SHALL  NOT  BE MEMBERS OF THE BAR OF THE STATE. OF THE THREE
       A. 4271                             4
    1  MEMBERS APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS,  NOT  MORE
    2  THAN  TWO SHALL BE MEMBERS OF THE BAR OF THE STATE. THE MEMBER APPOINTED
    3  BY THE PRESIDING JUSTICE OF THE APPELLATE DIVISION SHALL BE A MEMBER  OF
    4  THE  BAR OF THE STATE. THE TWO REGIONAL MEMBERS FROM EACH COUNTY OUTSIDE
    5  THE CITY OF NEW YORK SHALL NOT BE ENROLLED IN THE SAME  POLITICAL  PARTY
    6  AND  ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE. THE TWO REGIONAL
    7  MEMBERS FROM EACH COUNTY IN THE CITY OF NEW YORK APPOINTED BY THE  CHIEF
    8  ELECTED  OFFICIAL  OF EACH SUCH COUNTY SHALL NOT BE ENROLLED IN THE SAME
    9  POLITICAL PARTY AND ONE SHALL NOT BE A MEMBER OF THE BAR OF  THE  STATE,
   10  AND  THE  TWO  REGIONAL MEMBERS FROM EACH COUNTY IN THE CITY OF NEW YORK
   11  APPOINTED BY THE MAYOR OF SUCH CITY SHALL NOT BE ENROLLED  IN  THE  SAME
   12  POLITICAL  PARTY  AND ONE SHALL NOT BE A MEMBER OF THE BAR OF THE STATE.
   13  EXCEPT FOR THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS,  NO  AT-LARGE  OR
   14  REGIONAL  MEMBER  OF ANY COMMISSION SHALL HOLD OR HAVE HELD ANY JUDICIAL
   15  OFFICE OR HOLD ANY ELECTED PUBLIC OFFICE FOR WHICH HE  OR  SHE  RECEIVES
   16  COMPENSATION DURING HIS OR HER PERIOD OF SERVICE, EXCEPT THAT THE GOVER-
   17  NOR  AND  CHIEF  JUDGE MAY EACH APPOINT NO MORE THAN ONE FORMER JUDGE OR
   18  JUSTICE OF THE UNIFIED COURT SYSTEM TO EACH COMMISSION. NO  AT-LARGE  OR
   19  REGIONAL  MEMBER  OF  ANY  COMMISSION SHALL HOLD OFFICE IN ANY POLITICAL
   20  PARTY, AND, EXCEPT FOR THE CHIEF ADMINISTRATOR OF THE COURTS, NO  MEMBER
   21  SHALL BE ELIGIBLE FOR APPOINTMENT TO JUDICIAL OFFICE IN ANY COURT OF THE
   22  STATE DURING THE MEMBER'S PERIOD OF SERVICE OR WITHIN ONE YEAR THEREAFT-
   23  ER.
   24    (3)  THE  MEMBERS  OF  EACH COMMISSION FIRST APPOINTED BY THE GOVERNOR
   25  SHALL HAVE, RESPECTIVELY, ONE, TWO, THREE AND FOUR YEAR TERMS AS  HE  OR
   26  SHE  SHALL  DESIGNATE. THE MEMBERS FIRST APPOINTED BY THE CHIEF JUDGE OF
   27  THE COURT OF APPEALS SHALL HAVE, RESPECTIVELY, TWO, THREE AND FOUR  YEAR
   28  TERMS  AS  HE  OR SHE SHALL DESIGNATE. THE MEMBER FIRST APPOINTED BY THE
   29  TEMPORARY PRESIDENT OF THE SENATE SHALL HAVE A FOUR YEAR TERM. THE  MEM-
   30  BER  FIRST  APPOINTED  BY THE SPEAKER OF THE ASSEMBLY SHALL HAVE A THREE
   31  YEAR TERM. THE MEMBER FIRST APPOINTED BY THE MINORITY LEADER OF THE SEN-
   32  ATE SHALL HAVE A TWO YEAR TERM. THE MEMBER FIRST APPOINTED BY THE MINOR-
   33  ITY LEADER OF THE ASSEMBLY SHALL HAVE A ONE YEAR TERM. THE MEMBERS FIRST
   34  APPOINTED BY THE PRESIDING JUSTICE OF THE  APPELLATE  DIVISION  AND  THE
   35  PRESIDENT  OF  THE  NEW  YORK STATE BAR ASSOCIATION SHALL HAVE FOUR YEAR
   36  TERMS. THE REGIONAL MEMBERS FIRST APPOINTED FROM EACH COUNTY OUTSIDE THE
   37  CITY OF NEW YORK SHALL HAVE, RESPECTIVELY, TWO AND FOUR  YEAR  TERMS  AS
   38  THE PERSON APPOINTING THEM SHALL DESIGNATE. THE TWO REGIONAL MEMBERS AP-
   39  POINTED  FROM  EACH  COUNTY  WITHIN  THE  CITY  OF NEW YORK BY THE CHIEF
   40  ELECTED OFFICIAL OF EACH COUNTY SHALL HAVE, RESPECTIVELY, ONE AND  THREE
   41  YEAR  TERMS  AS  THE  PERSON APPOINTING THEM SHALL DESIGNATE AND THE TWO
   42  REGIONAL MEMBERS APPOINTED FROM EACH COUNTY WITHIN THE CITY OF NEW  YORK
   43  BY  THE  MAYOR  OF SUCH CITY SHALL HAVE, RESPECTIVELY, TWO AND FOUR YEAR
   44  TERMS AS THE MAYOR SHALL DESIGNATE. EACH SUBSEQUENT APPOINTMENT SHALL BE
   45  FOR A TERM OF FOUR YEARS.
   46    (4) THE GOVERNOR SHALL DESIGNATE A  CHAIRPERSON  FOR  EACH  COMMISSION
   47  FROM AMONG ITS AT-LARGE MEMBERS.
   48    (5)  EACH  AT-LARGE  MEMBER OF EACH COMMISSION SHALL BE A RESIDENT OF,
   49  HAVE AN OFFICE IN OR WORK IN THE JUDICIAL DISTRICT IN WHICH HE OR SHE IS
   50  TO SERVE, EXCEPT THAT EACH AT-LARGE MEMBER OF THE  CITY-WIDE  COMMISSION
   51  FOR  THE  CITY  OF NEW YORK SHALL BE A RESIDENT OF, HAVE AN OFFICE IN OR
   52  WORK IN SUCH CITY AND EACH AT-LARGE MEMBER OF THE  STATEWIDE  COMMISSION
   53  SHALL BE A RESIDENT OF THE STATE.
   54    C. (1) THE STATEWIDE JUDICIAL NOMINATING COMMISSION SHALL CONSIDER THE
   55  QUALIFICATIONS  OF ALL CANDIDATES FOR APPOINTMENT TO THE OFFICE OF JUDGE
   56  OF THE COURT OF CLAIMS, AND FOR DESIGNATION TO THE OFFICES OF  PRESIDING
       A. 4271                             5
    1  JUSTICE  AND JUSTICE OF THE APPELLATE DIVISION; AND EACH SUCH OTHER DIS-
    2  TRICT COMMISSION SHALL CONSIDER THE QUALIFICATIONS OF CANDIDATES FOR AP-
    3  POINTMENT OUTSIDE THE CITY OF NEW  YORK  TO  THE  OFFICES  OF  JUDGE  OR
    4  JUSTICE  OF  THE  SUPREME COURT, THE COUNTY COURT, THE FAMILY COURT, THE
    5  SURROGATE'S COURT, AND, IN EACH DISTRICT IN WHICH THE DISTRICT COURT HAS
    6  BEEN ESTABLISHED, THE DISTRICT COURT. THE CITY-WIDE COMMISSION  FOR  THE
    7  CITY  OF  NEW YORK SHALL CONSIDER CANDIDATES FOR APPOINTMENT WITHIN SUCH
    8  CITY TO THE OFFICES OF JUDGE OR JUSTICE OF THE SUPREME COURT, THE FAMILY
    9  COURT, THE SURROGATE'S COURT, AND THE CITY-WIDE COURT OR COURTS FOR SUCH
   10  CITY ESTABLISHED PURSUANT TO SECTION FIFTEEN OF THIS  ARTICLE.  WHENEVER
   11  ONE  OR MORE VACANCIES IN SUCH OFFICES OCCUR, THE APPROPRIATE COMMISSION
   12  SHALL PREPARE A WRITTEN REPORT AND RECOMMEND TO THE APPROPRIATE APPOINT-
   13  ING AUTHORITY PERSONS WHO BY THEIR CHARACTER, TEMPERAMENT,  PROFESSIONAL
   14  APTITUDE AND EXPERIENCE ARE WELL-QUALIFIED FOR THAT JUDICIAL OFFICE.  TO
   15  THE  EXTENT  PRACTICABLE,  THE NOMINEES SHALL REFLECT DIVERSITY OF RACE,
   16  GENDER,  SEXUAL  ORIENTATION,  ETHNICITY,  AND  GEOGRAPHY,  TAKING  INTO
   17  CONSIDERATION  THE  COURT  TO  WHICH  THEY  ARE  BEING NOMINATED AND THE
   18  MEMBERS WITH WHOM THEY MIGHT BE SERVING.
   19    (2) THE LEGISLATURE SHALL PRESCRIBE BY LAW THE ORGANIZATION AND PROCE-
   20  DURE OF EACH COMMISSION, PROVIDED, HOWEVER,  THAT  WHERE  THERE  IS  ONE
   21  VACANCY TO BE FILLED, AT LEAST THREE PERSONS AND NOT MORE THAN FIVE PER-
   22  SONS SHALL BE RECOMMENDED AS PROVIDED HEREIN; WHERE THERE ARE TWO VACAN-
   23  CIES  IN  THE  SAME  JUDICIAL OFFICE, AT LEAST FIVE PERSONS AND NOT MORE
   24  THAN EIGHT PERSONS SHALL BE RECOMMENDED; AND, WHERE THERE ARE  THREE  OR
   25  MORE VACANCIES IN THE SAME JUDICIAL OFFICE, THE NUMBER OF PERSONS RECOM-
   26  MENDED  BY  THE  APPROPRIATE  COMMISSION SHALL BE AT LEAST TWO TIMES THE
   27  NUMBER OF VACANCIES AND NOT MORE THAN THREE TIMES THE NUMBER  OF  VACAN-
   28  CIES.  NOTWITHSTANDING  THE  FOREGOING,  WHERE A COMMISSION IS UNABLE TO
   29  RECOMMEND AS WELL-QUALIFIED FOR A JUDICIAL OFFICE SUCH  NUMBER  OF  PER-
   30  SONS  AS  IS PRESCRIBED HEREIN, IT SHALL RECOMMEND SUCH LESSER NUMBER OF
   31  PERSONS WHO ARE WELL-QUALIFIED THEREFOR.  TO THE EXTENT PRACTICABLE, THE
   32  NOMINEES SHALL REFLECT DIVERSITY OF RACE,  GENDER,  SEXUAL  ORIENTATION,
   33  ETHNICITY,  AND  GEOGRAPHY, TAKING INTO CONSIDERATION THE COURT TO WHICH
   34  THEY ARE BEING NOMINATED AND THE MEMBERS WITH WHOM THEY MIGHT  BE  SERV-
   35  ING.
   36    D.  (1)  FROM AMONG THOSE RECOMMENDED BY THE APPROPRIATE COMMISSION AS
   37  PROVIDED IN PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION, THE GOVERNOR
   38  SHALL APPOINT A PERSON TO FILL A VACANCY IN THE OFFICE OF JUSTICE OF THE
   39  SUPREME COURT AND THE OFFICE OF JUDGE OF THE COURT  OF  CLAIMS,  BY  AND
   40  WITH  THE  ADVICE  AND  CONSENT OF THE SENATE, AND DESIGNATE A PERSON AS
   41  PRESIDING JUSTICE OR JUSTICE OF THE  APPELLATE  DIVISION;  THE  GOVERNOR
   42  SHALL, UPON THE NOMINATION OF THE MAYOR OF THE CITY OF NEW YORK, APPOINT
   43  A  PERSON  TO  FILL A VACANCY IN THE OFFICE WITHIN SUCH CITY OF JUDGE OF
   44  THE FAMILY COURT, THE SURROGATE'S COURT,  AND  THE  CITY-WIDE  COURT  OR
   45  COURTS FOR SUCH CITY ESTABLISHED PURSUANT TO SECTION FIFTEEN OF THIS AR-
   46  TICLE,  BY AND WITH THE ADVICE AND CONSENT OF THE SENATE; AND THE GOVER-
   47  NOR SHALL, UPON THE NOMINATION OF THE CHIEF ELECTED OFFICIAL OF A COUNTY
   48  OUTSIDE THE CITY OF NEW YORK IN WHICH A VACANCY OCCURS IN THE OFFICE  OF
   49  JUDGE  OF  THE COUNTY COURT, THE FAMILY COURT, THE SURROGATE'S COURT, OR
   50  THE DISTRICT COURT, APPOINT A PERSON TO FILL SUCH OFFICE,  BY  AND  WITH
   51  THE ADVICE AND CONSENT OF THE SENATE.
   52    (2)  IN THE CASE OF EACH APPOINTMENT THAT IS SUBJECT TO THE ADVICE AND
   53  CONSENT OF THE SENATE, THE GOVERNOR SHALL TRANSMIT  TO  THE  SENATE  THE
   54  WRITTEN REPORT OF THE APPROPRIATE COMMISSION RELATING TO THE APPOINTEE.
   55    E. WHEN A VACANCY OCCURS IN A JUDICIAL OFFICE WHERE APPOINTMENT THERE-
   56  TO  IS SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE AND THE SENATE IS
       A. 4271                             6
    1  NOT IN SESSION TO GIVE ITS ADVICE AND CONSENT TO AN APPOINTMENT TO  FILL
    2  THE  VACANCY, THE GOVERNOR SHALL FILL THE VACANCY BY INTERIM APPOINTMENT
    3  AS PROVIDED IN SUBDIVISION D OF THIS  SECTION.  AN  INTERIM  APPOINTMENT
    4  SHALL  CONTINUE  UNTIL THE SENATE SHALL PASS UPON THE SELECTION.  IF THE
    5  SENATE CONFIRMS AN APPOINTMENT, THE JUSTICE OR  JUDGE  SHALL  SERVE  THE
    6  FULL  TERM PROVIDED FOR HIS OR HER OFFICE UNDER THIS ARTICLE, COMMENCING
    7  FROM THE DATE OF SUCH INTERIM APPOINTMENT.  IF  THE  SENATE  REJECTS  AN
    8  APPOINTMENT,  A  VACANCY IN THE OFFICE SHALL OCCUR SIXTY DAYS AFTER SUCH
    9  REJECTION.
   10    S 11. Resolved (if the Senate concur), That subdivision a  of  section
   11  25 of article 6 of the constitution be amended to read as follows:
   12    a.  The  compensation of a judge of the court of appeals, a justice of
   13  the supreme court, a judge of the court of claims, a judge of the county
   14  court, a judge of the surrogate's court, a judge of the family court,  a
   15  judge  of  a  court  for  the  city  of New York established pursuant to
   16  section fifteen of this article, a judge of the district court or  of  a
   17  retired  judge  or  justice shall be established by law and shall not be
   18  diminished during [the] HIS OR HER term of office [for which he  or  she
   19  was  elected  or appointed. Any judge or justice of a court abolished by
   20  section thirty-five of  this  article,  who  pursuant  to  that  section
   21  becomes  a  judge or justice of a court established or continued by this
   22  article, shall  receive  without  interruption  or  diminution  for  the
   23  remainder  of  the  term for which he or she was elected or appointed to
   24  the abolished court the compensation he or she had been  receiving  upon
   25  the  effective date of this article together with any additional compen-
   26  sation that may be prescribed by law].
   27    S 12. Resolved (if the Senate concur), That article 6 of the constitu-
   28  tion be amended by adding a new section 36-d to read as follows:
   29    S 36-D. A. THE AMENDMENTS TO SECTIONS FOUR, SIX,  NINE,  TEN,  TWELVE,
   30  THIRTEEN,  FIFTEEN, SIXTEEN, TWENTY AND TWENTY-FIVE OF THIS ARTICLE, THE
   31  REPEAL OF SECTION TWENTY-ONE, AND THE INSERTION OF A NEW  SECTION  TWEN-
   32  TY-ONE  AND  THIS  SECTION, AS FIRST PROPOSED BY A CONCURRENT RESOLUTION
   33  PASSED BY THE LEGISLATURE IN THE YEAR  TWO  THOUSAND  FIFTEEN,  ENTITLED
   34  "CONCURRENT  RESOLUTION  OF THE SENATE AND ASSEMBLY PROPOSING AMENDMENTS
   35  TO ARTICLE 6 OF THE CONSTITUTION, IN RELATION TO THE MANNER OF SELECTING
   36  JUDGES AND JUSTICES OF THE UNIFIED COURT SYSTEM, AND TO  REPEAL  SECTION
   37  21  OF  ARTICLE  6  THEREOF RELATING THERETO" SHALL BECOME A PART OF THE
   38  CONSTITUTION ON THE FIRST DAY OF JANUARY NEXT  AFTER  THE  APPROVAL  AND
   39  RATIFICATION  OF THE AMENDMENT PROPOSED BY SUCH CONCURRENT RESOLUTION BY
   40  THE PEOPLE, BUT THE PROVISIONS THEREOF SHALL NOT  BECOME  OPERATIVE  AND
   41  THE REPEAL OF SECTION TWENTY-ONE OF THIS ARTICLE SHALL NOT BECOME EFFEC-
   42  TIVE  UNTIL  SEPTEMBER  FIRST NEXT THEREAFTER WHICH DATE SHALL BE DEEMED
   43  THE EFFECTIVE DATE OF THESE AMENDMENTS.
   44    B. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, THE JUDGES AND JUSTICES
   45  OF THE APPELLATE DIVISION, THE SUPREME COURT, THE COURT OF  CLAIMS,  THE
   46  COUNTY  COURT,  THE  FAMILY  COURT, THE SURROGATE'S COURT, THE CITY-WIDE
   47  COURT OR COURTS FOR THE CITY OF NEW YORK ESTABLISHED PURSUANT TO SECTION
   48  FIFTEEN OF THIS ARTICLE, AND THE DISTRICT COURT IN OFFICE ON THE  EFFEC-
   49  TIVE  DATE  OF  THIS  SECTION  SHALL  HOLD  THEIR  OFFICES AS JUDGES AND
   50  JUSTICES OF SUCH COURTS UNTIL THE EXPIRATION OF THEIR RESPECTIVE TERMS.
   51    S 13. Resolved (if the Senate concur), That the  foregoing  amendments
   52  be referred to the first regular legislative session convening after the
   53  next  succeeding  general  election  of members of the assembly, and, in
   54  conformity with section 1 of article 19  of  the  constitution,  be  pu-
   55  blished for 3 months previous to the time of such election.