NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1971
SPONSOR: Goodell TITLE OF BILL:
An act to amend the uniform city court act, in relation to the selection
of certain city court judges in the city of Jamestown
PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide that both City Court Judges in the city of
Jamestown would be elected.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Subparagraph (i) of paragraph 1 of subdivision (e) of section
2104 of the uniform City Court Act, as amended by chapter 455 of the.
laws of 2014, would be amended to eliminate the provision allowing:
(i) By the mayor of the city for which the court on which he or she will
serve has been established, with the advice and consent of the city
council from appointing the City Court Judge of Jamestown who serves in
the office that was created during the calendar year commencing January
first, two thousand thirteen.
Section 2 of the bill provides that the full-time City Court Judge
establish in the city of Jamestown pursuant to paragraph (i) of subdivi-
sion (a) of section 6 of chapter 548 of the laws of 2013, upon the first
occurrence of a vacancy in such office shall be filled by general
election.
Section 3 provides that this act shall take effect immediately.
JUSTIFICATION:
Prior to 2013, the city of Jamestown had a full-time elected City Court
Judge and a part-time City Court Judge appointed by the Mayor with the
advice and consent of the City Council. In 2013, the part-time City
Court Judge was made into a full-time position. The appointment process
for this position, however, was not changed. Thus, one full-time Judge
position is elected, and the other full-time Judge position is
appointed. This bill would eliminate this discrepancy by making both
judicial positions elected. It is only fair and appropriate that both
judges should have to run for the position in order to receive the same
benefits and salary.
PRIOR LEGISLATIVE HISTORY:
A.100102018 - Held forconsideration in Judiciary
A.55772019/2020 -Held for consideration in Judiciary
A.48572021/2022 -Held for consideration in Judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1971
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the uniform city court act, in relation to the selection
of certain city court judges in the city of Jamestown
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph 1 of subdivision (e) of
2 section 2104 of the uniform city court act, as amended by chapter 330 of
3 the laws of 2020, is amended to read as follows:
4 (i) by the mayor of the city for which the court on which he or she
5 will serve has been established, with the advice and consent of the city
6 council: part-time city court judge of Beacon, part-time city court
7 judge of Corning, part-time city court judge of Cortland, part-time city
8 court judge of Gloversville, city court judge of Glen Cove who serves in
9 the office that on June first, two thousand one was an appointive office
10 pursuant to this subparagraph, [city court judge of Jamestown who serves
11 in the office that was created during the calendar year commencing Janu-
12 ary first, two thousand thirteen,] part-time city court judge of Olean,
13 city court judges of Plattsburgh, city court judge of Port Jervis who
14 serves in the office that formerly was that of acting city court judge
15 of Port Jervis, city court judges of Rye, the city court judge of Sala-
16 manca who serves in the office that formerly was that of acting city
17 court judge of Salamanca, and the part-time city court judge of Water-
18 town who serves in the office that was full-time on March thirty-first,
19 two thousand twenty-one.
20 § 2. For the office of full-time city court judge established in the
21 city of Jamestown pursuant to paragraph (i) of subdivision (a) of
22 section 6 of chapter 548 of the laws of 2013, upon the first occurrence
23 of a vacancy in such office following the effective date of this act,
24 such office shall be filled as provided in subparagraph (i) of paragraph
25 2 of subdivision (e) of section 2104 of the uniform city court act.
26 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06047-01-3
