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.
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
