CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 6 of the constitution, in relation to the composition of

judicial departments and the restructuring of the unified court system, and

the repeal of sections 9, 10, 11, 12, 13, 14, 15, 34, 35, 36, 36-a, 36-c and 37

of article 6 of the constitution relating thereto

Section 1. Resolved (if the _______ concur), That section 1 of article 6 of the constitution be amended to read as follows:

Section 1. a. There shall be a unified court system for the state. The state-wide courts shall consist of the court of appeals, the supreme court including the appellate divisions thereof[, the court of claims, the county court, the surrogate’s court and the family court] and the district court, as hereinafter provided. [The legislature shall establish in and for the city of New York, as part of the unified court system for the state, a single, city-wide court of civil jurisdiction and a single, city-wide court of criminal jurisdiction, as hereinafter provided, and may upon the request of the mayor and the local legislative body of the city of New York, merge the two courts into one city-wide court of both civil and criminal jurisdiction.] The unified court system for the state shall also include the [district,] town[, city] and village courts [outside the city of New York], as hereinafter provided.

b. The court of appeals, the supreme court including the appellate divisions thereof, [the court of claims, the county court, the surrogate’s court, the family court, the courts or court of civil and criminal jurisdiction of the city of New York,] the district court and such other courts as the legislature may determine shall be courts of record.

c. All processes, warrants and other mandates of the court of appeals[,] and the supreme court including the appellate divisions thereof, [the court of claims, the county court, the surrogate’s court and the family court] may be served and executed in any part of the state. [All processes, warrants and other mandates of the courts or court of civil and criminal jurisdiction of the city of New York may, subject to such limitation as may be prescribed by the legislature, be served and executed in any part of the state.] The legislature may provide that processes, warrants and other mandates of the district court may be served and executed in any part of the state and that processes, warrants and other mandates of town[,] and village [and city] courts [outside the city of New York] may be served and executed in any part of the county in which such courts are located or in any part of any adjoining county.

§2. Resolved (if the _______ concur), That subdivision a of section 4 of article 6 of the constitution be amended to read as follows:

a. The state shall be divided into four judicial departments. The first department shall consist of the counties within the first and twelfth judicial [district] districts of the state. The second department shall consist of the counties within the second, ninth, tenth and eleventh judicial districts of the state. The third department shall consist of the counties within the third, fourth and sixth judicial districts of the state. The fourth department shall consist of the counties within the fifth, seventh and eighth judicial districts of the state. Each department shall be bounded by thelines of judicial districts. Once every ten years the legislature may alter the boundaries of the judicial departments, but without changing the number thereof; except that, on or after January first, two thousand, the legislature shall divide the state into five judicial departments and, in the event it shall fail to do so by January first, two thousand one, the chief administrator of the courts, after consultation with the presiding justices of the several departments and not later than February twenty-eighth, two thousand one, shall submit to the legislature a plan for the division of the state into five judicial departments, which plan shall become effective one year following submission unless the legislature shall sooner divide the state into five judicial departments.

§3. Resolved (if the _______ concur), That section 6 of article 6 of the constitution be amended to read as follows:

a. The state shall be divided into [eleven] twelve judicial districts. The first judicial district shall consist of the [counties] county of [Bronx and] New York. The second judicial district shall consist of the counties of Kings and Richmond. The third judicial district shall consist of the counties of Albany, Columbia, Greene, Rensselaer, Schoharie, Sullivan, and Ulster. The fourth judicial district shall consist of the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga, Schenectady, Warren, and Washington. The fifth judicial district shall consist of the counties of Herkimer, Jefferson, Lewis, Oneida, Onondaga,and Oswego. The sixth judicial district shall consist of the counties of Broome, Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga, and Tompkins. The seventh judicial district shall consist of the counties of Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne, and Yates. The eighth judicial district shall consist of the counties of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming. The ninth judicial district shall consist of the counties of Dutchess, Orange, Putnam, Rockland, and Westchester. The tenth judicial district shall consist of the counties of Nassau and Suffolk. The eleventh judicial district shall consist of the county of Queens. The twelfth judicial district shall consist of the county of Bronx.

b. Once every ten years the legislature may increase or decrease the number of judicial districts or alter the composition of judicial districts and thereupon re-apportion the justices to be thereafter [elected] selected in the judicial districts so altered. Each judicial district shall be bounded by county lines.

c. [The] Except as otherwise provided in this article, the justices of the supreme court shall be chosen by the electors of the judicial district in which they are to serve [. The] and shall serve for terms of [justices of the supreme court shall be] fourteen years.

Each justice of the supreme court holding a judicial office that, prior to January first, two thousand, was an office of judge of the court of claims shall beappointed bythe governor by and with the advice and consent of the senate for a term of nine years. Each justice of the supreme court holding a judicial office that, prior to January first, two thousand, was an office of judge of the county court, judge of the family court in a county outside the city of New York or judge of the surrogate’s court in a county outside the city of New York shall be a resident of the county in which the court was established and shall be chosen by the electors of such county for a term of ten years; provided that, where such county has a population in excess of two hundred thousand inhabitants as of the most recent decennial census and the justice holds a judicial office that, prior to January first, two thousand, was an office of judge of the surrogate’s court, such justice shall be elected on a ballot that designates such office as "justice of the supreme court/probate division." Each justice of the supreme court holding a judicial office that, prior to January first, two thousand, was an office of judge of the family court of the city of New York shall be a resident of such city and shall be appointed by the mayor of such city for a term of ten years. Each justice of the supreme court holding a judicial office that, prior to January first, two thousand, was an office of judge of the surrogate’s court in a county within the city of New York shall be a resident of the county in which the court was established and shall be chosen by the electors of such county for a term of fourteen years on a ballot that designates such office as "justice of the supreme court/probate division."

Where a term of office prescribed hereunder is elective, it shall be from and including the first day of January next after [their] election.

d. The supreme court is continued. It shall consist of the number of justices of the supreme court including the justices designated to the appellate division of the supreme court, judges of the court of claims, judges of the county court [of the counties of Bronx, Kings, Queens and Richmond], judges of the family court and judges of the surrogate’s court [of general sessions of the county of New York] authorized by law on [the] December thirty-first [day of August next after the approval and ratification of this amendment by the people], nineteen hundred ninety-nine, all of whom shall be justices of the supreme court for the remainder of their terms. The legislature may increase or decrease the number of justices of the supreme court [in any judicial district], except that [the number in any district shall not be increased to exceed one justice for fifty thousand, or fraction over thirty thousand, of the population thereof as shown by the last federal census or state enumeration. The legislature may decrease the number of justices of the supreme court in any judicial district, except that]: (1) the number in any judicial district shall not be less than the number of justices of the supreme court authorized by law in such judicial district on [the effective date of this article] December thirty-first, nineteen hundred ninety-nine, and (2) there shall be at least one justice of the supreme court in each county outside the city of New York chosen by the electors thereof. Where the legislatureincreases the number of justices of the supreme court, it may provide by law for the manner by which the additional justices shall be selected.

e. The clerks of the several counties shall be clerks of the supreme court, with such powers and duties as shall be prescribed by law.

§4. Resolved (if the _______ concur), That section 7 of article 6 of the constitution be amended to read as follows:

§7. a. The supreme court shall have general original jurisdiction in law and equity, including the jurisdiction of the courts abolished pursuant to paragraph (1) of subdivision a of section twenty-seven of this article, and the appellate jurisdiction herein provided. In the city of New York, it shall have exclusive jurisdiction over crimes prosecuted by indictment, provided, however, that the legislature may grant to the [city-wide] branch of the district court [of criminal jurisdiction of] in the city of New York jurisdiction over misdemeanors prosecuted by indictment [and to the family court in the city of New York jurisdiction over crimes and offenses by or against minors or between spouses or between parent and child or between members of the same family or household].

b. The supreme court shall consist of the following divisions and such others as the chief administrator of the courts may establish from time to time:

1. a family division, in which the supreme court shall exercise jurisdiction over actions and proceedings for marital separation, divorce, annulment of marriage anddissolution of marriage and over such actions and proceedings as were within the jurisdiction of family court on December thirty-first, nineteen hundred ninety-nine;

2. a probate division, in which the supreme court shall exercise jurisdiction over all actions and proceedings as were within the jurisdiction of surrogate’s court on December thirty-first, nineteen hundred ninety-nine;

3. a criminal division, in which the supreme court shall exercise jurisdiction over all crimes and other violations of law;

4. a commercial division, in which the supreme court shall exercise jurisdiction over such civil actions and proceedings as may be provided by law so long as a claimant or a party claimed against is a corporation, partnership or association; and

5. a public claims division, in which the supreme court shall exercise jurisdiction over all actions and proceedings as were within the jurisdiction of the court of claims on December thirty-first, nineteen hundred ninety-nine.

To the extent practicable, justices assigned to such divisions shall be experienced in the business coming before them.

c. If the legislature shall create new classes of actions and proceedings, the supreme court shall have jurisdiction over such classes of actions and proceedings, but the legislature may provide that another court or other courts shall also have jurisdiction and that actions and proceedings of such classes may be originated in such other court or courts.

§5. Resolved (if the _______ concur), That subdivisions d and e of section 8 of article 6 of the constitution be amended to read as follows:

d. If so directed by the appellate division of the supreme court establishing an appellate term, an appellate term shall have jurisdiction to hear and determine appeals [now or hereafter authorized by law to be taken to the supreme court or to the appellate division other than appeals from the supreme court, a surrogate’s court, the family court or appeals in criminal cases prosecuted by indictment or by information as provided in section six of article one] from the branch of the district court in the city of New York.

e. As may be provided by law, an appellate term shall have jurisdiction to hear and determine appeals from a branch of the district court outside the city of New York or a town[,] or village [or city] court [outside the city of New York].

§6. Resolved (if the _______ concur), That sections 9, 10, 11, 12, 13, 14, 15, 34, 35, 36, 36-a, 36-c and 37 of article 6 of the constitution be REPEALED.

§7. Resolved (if the _______ concur), That sections 16, 17, 18, 19 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of article 6 be renumbered sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26.

§8. Resolved (if the _______ concur), That section 9 of article 6 of the constitution, as renumbered by section 7 of this resolution, be amended to read as follows:

§9. a. (1) The district court of the state of New York is hereby established. There shall be branches of the district court as herein provided.

(2) There shall be a branch of the district court in the city of New York. Such branch shall be divided into a civil division, a criminal division and a housing division.

(3) The district court of Nassau county and the district court in Suffolk county, as such courts were established on December thirty-first, nineteen hundred ninety-nine, may be continued under existing law [and the] as branches of the district court.

(4) The legislature may, at the request of the board of supervisors or other elective governing body of any county outside the city of New York, establish [the] a branch of the district court for the entire area of such county or for a portion of such county consisting of one or more cities, or one or more towns which are contiguous, or of a combination of such cities and such towns provided at least one of such cities is contiguous to one of such towns[.

b. No]; and provided further that: (i) no law establishing [the] a branch of the district court hereunder for an entire county shall become effective unless approved at a general election on the question of the approval of such law by a majority of the votes cast thereon by the electors within the area of any cities in the county considered as one unit and by a majority of the votes cast thereon by the electorswithin the area outside of cities in the county considered as one unit[.

c. No], and (ii) no law establishing [the] a branch of the district court hereunder for a portion of a county shall become effective unless approved at a general election on the question of the approval of such law by a majority of the votes cast thereon by the electors within the area of any cities included in such portion of the county considered as one unit and by a majority of the votes cast thereon by the electors within the area outside of cities included in such portion of the county considered as one unit.

[d.] (5) Unless the legislature shall otherwise provide, a branch of the district court shall be established for the area of each city outside the city of New York, except that, where on December thirty-first, nineteen hundred ninety-nine, there was established a district court the area of which included one or more cities, and such district court has been continued as a branch of the district court, such city or cities shall instead each be a district of such branch of the district court.

(6) Nothing in this subdivision shall bar the legislature from hereafter establishing a branch of the district court consisting in part of a city in which a branch of the district court was established pursuant to paragraph (5) hereof.

b. (1) The district court shall have [such] the jurisdiction [as may be] provided herein.

(2) In the city of New York, the civil division of the branch of the districtcourt in such city shall have jurisdiction over the following classes of actions and proceedings which shall be originated in such division in the manner provided by law: actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property where the amount sought to be recovered or the value of the property does not exceed fifty thousand dollars exclusive of interest and costs, or such smaller amount as may be fixed by law; and such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. The civil division shall further exercise such equity jurisdiction as may be provided by law and its jurisdiction to enter judgment upon a counterclaim for the recovery of money only shall be unlimited. The criminal division of the branch of the district court in the city of New York shall have jurisdiction over crimes and other violations of law, other than those prosecuted by indictment, provided, however, that the legislature may grant to the criminal division jurisdiction over misdemeanors prosecuted by indictment; and over such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. The housing division of the branch of the district court in the city of New York shall have jurisdiction over the following classes of actions and proceedings, which shall be originated in such division in the manner provided by law: actions and proceedings in law and equity involving the enforcement of state andlocal laws for the establishment and maintenance of housing standards; summary proceedings to recover possession of real property and to remove tenants therefrom; and such other actions and proceedings as may be provided by law, except that, in respect thereof, the division may not exercise jurisdiction greater than that of the other divisions of the branch of the district court in the city of New York as provided in this section.

(3) Outside the city of New York, each branch of the district court shall have such jurisdiction as may be provided by law, but not in any respect greater than the combined jurisdiction of the [courts for] branch of the district court in the city of New York as provided in [section fifteen] paragraph (2) of this [article, provided, however, that in actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property, the amount sought to be recovered or the value of the property shall not exceed fifteen thousand dollars exclusive of interest and costs] subdivision.

[e.] c. The legislature may create districts of [the] a branch of the district court outside the city of New York which shall consist of an entire county or of an area less than a county; and may discontinue any district of a branch of the district court.

[f. There] d. Unless otherwise provided by law:

(1) the branch of the district court in the city of New York shall consist of thenumber of judges of the city-wide courts of civil and criminal jurisdiction of the city of New York, including the number of judges of the housing part of the city-wide court of civil jurisdiction, authorized by law on December thirty-first, nineteen hundred ninety-nine;

(2) the branches of the district court in Nassau and Suffolk counties shall consist of the number of judges of the district courts authorized by law in those counties, respectively, on December thirty-first, nineteen hundred ninety-nine, except that the branch of the district court in Nassau county also shall include the number of judges of the city courts in such county authorized by law on such date; and

(3) each branch of the district court established in the area of a city outside the city of New York pursuant to paragraph (5) of subdivision a of this section shall consist of the number of judges of the city court for such city authorized by law on December thirty-first, nineteen hundred ninety-nine.

Notwithstanding the foregoing, there shall be at least one judge of the district court in each branch of the district court for each district and [such number of additional judges in each district as may be provided by law] division thereof.

[g.] e. The judges of [the] each branch of the district court outside the city of New York shall be apportioned among [the] any districts within such branch as may be provided by law, and to the extent practicable, in accordance with the population and the volume of judicial business.

[h.] f. The judges of the branch of the district court in the city of New York shall be residents of such city and shall be selected to the divisions thereof for terms of ten years as follows: judges of the civil division shall be chosen by the electors of the counties included within the city of New York from districts within such counties established by law; judges of the criminal division shall be appointed by the mayor of the city of New York; and judges of the housing division shall be appointed by the mayor of the city of New York from among those recommended by a commission, established by law, consisting of representatives of the real estate industry, tenants’ organizations, civic groups, bar associations and the general public.

The judges of each branch of the district court outside the city of New York shall be residents of the [district] county or portion thereof in which such branch has been established and shall be chosen by the electors of [the district. Their] such county or portion thereof for terms [shall be] of six years, except that, unless the legislature shall otherwise provide, judges of a branch of the district court established pursuant to paragraph (5) of subdivision a of this section and judges of any other branch of the district court holding judicial offices that, prior to January first, two thousand, were offices of judge of a city court outside the city of New York shall be chosen in the same manner and for the same terms as their predecessors in office.

Where a term of office prescribed hereunder is elective, it shall be from and including the first day of January next after [their] election.

[i.] g. The legislature may regulate and discontinue [the] any branch of the district court outside the city of New York in any county or portion thereof.

§9. Resolved (if the _______ concur), That section 10 of article 6 of the constitution, as renumbered by section 7 of this resolution, be amended to read as follows:

§10. a. Courts for towns[,] and villages [and cities outside the city of New York] are continued and shall have the jurisdiction prescribed by the legislature but not in any respect greater than the jurisdiction of the district court as provided in section [sixteen] nine of this article.

b. The legislature may regulate such courts[, establish uniform jurisdiction, practice and procedure for city courts outside the city of New York] and may discontinue any village [or city] court [outside the city of New York] existing on the effective date of this article. The legislature may discontinue any town court existing on the effective date of this article only with the approval of a majority of the total votes cast at a general election on the question of a proposed discontinuance of the court in each such town affected thereby.

c. The legislature may abolish the legislative functions on town boards of justices of the peace and provide that members of the town [councilmen] council be elected in their stead.

d. The number of [the judges] justices of each of such town[,] and village [andcity] courts and the classification and duties of [the judges] such justices shall be prescribed by the legislature. The terms, method of selection and method of filling vacancies for the [judges] justices of such courts shall be prescribed by the legislature, provided, however, that the justices of town courts shall be chosen by the electors of the town for terms of four years from and including the first day of January next after their election.

§10. Resolved (if the _______ concur), That section 12 of article 6 of the constitution, as renumbered by section 7 of this resolution, be amended to read as follows:

§12. a. The supreme court may transfer any action or proceeding, except one over which it shall have exclusive jurisdiction which does not depend upon the monetary amount sought, to any other court having jurisdiction of the subject matter within the judicial department provided that such other court has jurisdiction over the classes of persons named as parties. As may be provided by law, the supreme court may transfer to itself any action or proceeding originated or pending in another court within the judicial department [other than the court of claims] upon a finding that such a transfer will promote the administration of justice.

b. The [county court shall transfer to the supreme court or surrogate’s court or family court any action or proceeding which has not been transferred to it from the supreme court or surrogate’s court or family court and over which the county courthas no jurisdiction. The county court may transfer any action or proceeding, except a criminal action or proceeding involving a felony prosecuted by indictment or an action or proceeding required by this article to be dealt with in the surrogate’s court or family court, to any court, other than the supreme court, having jurisdiction of the subject matter within the county provided that such other court has jurisdiction over the classes of persons named as parties.

c. As may be provided by law, the supreme court or the county court may transfer to the county court any action or proceeding originated or pending in the district court or a town, village or city court outside the city of New York upon a finding that such a transfer will promote the administration of justice.

d. The surrogate’s court shall transfer to the supreme court or the county court or the family court or the courts for the city of New York established pursuant to section fifteen of this article any action or proceeding which has not been transferred to it from any of said courts and over which the surrogate’s court has no jurisdiction.

e. The family court shall transfer to the supreme court or the surrogate’s court or the county court or the courts for the city of New York established pursuant to section fifteen of this article any action or proceeding which has not been transferred to it from any of said courts and over which the family court has no jurisdiction.

f. The courts for] branch of the district court in the city of New York [established pursuant to section fifteen of this article] shall transfer to the supremecourt [or the surrogate’s court or the family court] any action or proceeding which has not been transferred to [them] it from [any of said courts] the supreme court and over which [the said courts for the city of New York have] such branch of the district court has no jurisdiction.

[g.] c. As may be provided by law, the supreme court shall transfer any action or proceeding to any other court having jurisdiction of the subject matter in any other judicial district or county provided that such other court has jurisdiction over the classes of persons named as parties.

[h.] d. As may be provided by law, the [county] branch of the district court[, the surrogate’s court, the family court and the courts for] in the city of New York [established pursuant to section fifteen of this article] may transfer any action or proceeding, other than one which has previously been transferred to it, to any other branch of the district court or to any town or village justice court[, except the supreme court,] having jurisdiction of the subject matter [in any other judicial district or county] provided that such other branch or such other court has jurisdiction over the classes of persons named as parties.

[i.] e. As may be provided by law, each branch of the district court outside the city of New York or a town[,] or village [or city] court [outside the city of New York] may transfer any action or proceeding, other than one which has previously been transferred to it, to any branch of the district court or to any town or village court[,other than the county court or the surrogate’s court or the family court or the supreme court,] having jurisdiction of the subject matter in the same or an adjoining county provided that such other branch or such other court has jurisdiction over the classes of persons named as parties.

[j.] f. Each court shall exercise jurisdiction over any action or proceeding transferred to it pursuant to this section.

[k.] g. The legislature may provide that the verdict or judgment in actions and proceedings so transferred shall not be subject to the limitation of monetary jurisdiction of the court to which the actions and proceedings are transferred if that limitation be lower than that of the court in which the actions and proceedings were originated.

§11. Resolved (if the _______ concur), That section 13 of article 6 of the constitution, as renumbered by section 7 of this resolution, be amended to read as follows:

§13. a. No person[, other than one who holds such office at the effective date of this article,] may assume the office of judge of the court of appeals[,] or justice of the supreme court[, or judge of the court of claims] unless he or she has been admitted to practice law in this state at least ten years. No person[, other than one who holds such office at the effective date of this article,] may assume the office of judge of the [county court, surrogate’s court, family court, a court for the city of NewYork established pursuant to section fifteen of this article,] district court [or city court outside the city of New York] unless he or she has been admitted to practice law in this state at least five years or such greater number of years as the legislature may determine.

b. A judge of the court of appeals, justice of the supreme court[, judge of the court of claims, judge of a county court, judge of the surrogate’s court, judge of the family court] or judge of [a] the branch of the district court [for] in the city of New York [established pursuant to section fifteen of this article who is elected or appointed after the effective date of this article] may not:

(1) hold any other public office or trust except an office in relation to the administration of the courts, member of a constitutional convention or member of the armed forces of the United States or of the state of New York in which latter event the legislature may enact such legislation as it deems appropriate to provide for a temporary judge or justice to serve during the period of the absence of such judge or justice in the armed forces;

(2) be eligible to be a candidate for any public office other than judicial office or member of a constitutional convention, unless he or she resigns his or her judicial office; in the event a judge or justice does not so resign his or her judicial office within ten days after [his acceptance of] accepting the nomination of such other office, his or her judicial office shall become vacant and the vacancy shall be filled in the mannerprovided in this article;

(3) hold any office or assume the duties or exercise the powers of any office of any political organization or be a member of any governing or executive agency thereof;

(4) engage in the practice of law, act as an arbitrator, referee or compensated mediator in any action or proceeding or matter or engage in the conduct of any other profession or business which interferes with the performance of his or her judicial duties.

Judges and justices of the courts specified in this subdivision shall also be subject to such rules of conduct as may be promulgated by the chief administrator of the courts with the approval of the court of appeals.

c. Qualifications for and restrictions upon [the] judges of the branches of the district[,] court outside the city of New York and justices of town[,] and village [or city] courts [outside the city of New York], other than such qualifications and restrictions specifically set forth in subdivision a of this section, shall be prescribed by the legislature, provided, however, that the legislature shall require a course of training and education to be completed by justices of town and village courts [selected after the effective date of this article] who have not been admitted to practice law in this state. Judges and justices of such courts shall also be subject to such rules of conduct not inconsistent with law as may be promulgated by the chiefadministrator of the courts with the approval of the court of appeals.

§12. Resolved (if the _______ concur), That section 14 of article 6 of the constitution, as renumbered by section 7 of this resolution, be amended to read as follows:

§14. a. When a vacancy shall occur, otherwise than by expiration of term, in the office of an elected justice of the supreme court[, of judge of the county court, of judge of the surrogate’s court or judge of the family court outside the city of New York], it shall be filled for a full term at the next general election held not less than three months after such vacancy occurs and, until the vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or, if the senate not be in session, the governor may fill such vacancy by an appointment which shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

b. When a vacancy shall occur, otherwise than by expiration of term, in the office of [judge of the court of claims] an appointed justice of the supreme court, it shall be filled for the unexpired term in the same manner as an original appointment.

c. When a vacancy shall occur, otherwise than by expiration of term, in the office of a judge elected to the [city-wide court of civil jurisdiction of] civil division of the branch of the district court in the city of New York, it shall be filled for a full term at the next general election held not less than three months after such vacancyoccurs and, until the vacancy shall be so filled, the mayor of the city of New York may fill such vacancy by an appointment which shall continue until and including the last day of December next after the election at which the vacancy shall be filled.

d. When a vacancy shall occur, otherwise than by expiration of term on the last day of December of any year, in the office of a judge appointed to the [family] criminal or housing division of the branch of the district court [within the city of New York or the city-wide court of criminal jurisdiction of] in the city of New York, the mayor of the city of New York shall fill such vacancy by an appointment for the unexpired term.

[d.] e. When a vacancy shall occur, otherwise than by expiration of term, in the office of judge of a branch of the district court outside the city of New York established pursuant to paragraph (3) or (4) of subdivision a of section nine of this article, except an office that, prior to January first, two thousand, was an office of judge of a city court outside the city of New York, it shall be filled for a full term at the next general election held not less than three months after such vacancy occurs and, until the vacancy shall be so filled, the board of supervisors or the supervisor or supervisors of the affected district if such district consists of a portion of a county or, in counties with an elected county executive officer, such county executive officer may, subject to confirmation by the board of supervisors or the supervisor or supervisors of such district, fill such vacancy by an appointment which shall continueuntil and including the last day of December next after the election at which the vacancy shall be filled.

f. When a vacancy shall occur, otherwise than by expiration of term, in the office of judge of a branch of the district court outside the city of New York established pursuant to paragraph (5) of subdivision a of section nine of this article, or in an office of judge of any other branch of the district court that, prior to January first, two thousand, was an office of judge of a city court outside the city of New York, it shall be filled in the manner provided by law.

§13. Resolved (if the _______ concur), That subdivision b of section 16 of article 6 of the constitution, such section as renumbered by section 7 of this resolution, be amended to read as follows:

b. Judges of [the court of claims, the county court, the surrogate’s court, the family court, the courts for the city of New York established pursuant to section fifteen of this article,] the district court and such other courts as the legislature may determine may be removed by the senate, on the recommendation of the governor, if two-thirds of all the members elected to the senate concur therein.

§14. Resolved (if the _______ concur), That section 18 of article 6 of the constitution, as renumbered by section 7 of this resolution, be amended to read as follows:

§18. a. The compensation of a judge of the court of appeals, a justice of thesupreme court, a judge of [the court of claims, a judge of the county court, a judge of the surrogate’s court, a judge of the family court, a judge of a court for the city of New York established pursuant to section fifteen of this article, a judge of] the district court [or of] and a retired judge or justice shall be established by law and shall not be diminished during the term of office for which he or she was elected or appointed. [Any judge or justice of a court abolished by section thirty-five of this article, who pursuant to that section becomes a judge or justice of a court established or continued by this article, shall receive without interruption or diminution for the remainder of the term for which he was elected or appointed to the abolished court the compensation he had been receiving upon the effective date of this article together with any additional compensation that may be prescribed by law.]

b. Each judge of the court of appeals, justice of the supreme court[, judge of the court of claims, judge of the county court, judge of the surrogate’s court, judge of the family court, judge of a court for the city of New York established pursuant to section fifteen of this article] and judge of [the] a district court shall retire on the last day of December in the year in which he or she reaches the age of seventy. Each such former judge of the court of appeals and justice of the supreme court may thereafter perform the duties of a justice of the supreme court, with power to hear and determine actions and proceedings, provided, however, that it shall be certificated in the manner provided by law that the services of such judge or justice are necessary toexpedite the business of the court and that he or she is mentally and physically able and competent to perform the full duties of such office. Any such certification shall be valid for a term of two years and may be extended as provided by law for additional terms of two years. A retired judge or justice shall serve no longer than until the last day of December in the year in which he or she reaches the age of seventy-six. A retired judge or justice shall be subject to assignment by the appellate division of the supreme court of the judicial department of his or her residence. Any retired justice of the supreme court who had been designated to and served as a justice of any appellate division immediately preceding his or her reaching the age of seventy shall be eligible for designation by the governor as a temporary or additional justice of the appellate division. [A retired judge or justice shall not be counted in determining the number of justices in a judicial district for purposes of section six subdivision d of this article.

c. The provisions of this section shall also be applicable to any judge or justice who has not reached the age of seventy-six and to whom it would otherwise have been applicable but for the fact that he reached the age of seventy and retired before the effective date of this article.]

§15. Resolved (if the _______ concur), That subdivision a of section 19 of article 6 of the constitution, such section as renumbered by section 7 of this resolution, be amended to read as follows:

a. A justice of the supreme court may perform the duties of his or her office or hold court in any county and may be temporarily assigned to the supreme court in any judicial district [or to the court of claims]. A justice of the supreme court [in the city of New York] may be [temporarily] assigned to [the family court in the city of New York or to the surrogate’s court in any county within the city of New York when required to dispose of the business] any division of such court.

§16. Resolved (if the ______ concur), That subdivisions b, c, d, e, f, g and i

of section 19 of article 6 of the constitution, such section as renumbered by section 7 of this resolution, be REPEALED and that subdivisions h, j and k of such section be relettered to be b, c and d, respectively.

§17. Resolved (if the _______ concur), That subdivisions b, c and d of section 19 of article 6 of the constitution, such subdivisions as relettered by section 19 of this resolution and such section as renumbered by section 7 of this resolution, be amended to read as follows:

b. A judge of the district court [in any county] may perform the duties of his or her office or hold court in any county, may be assigned to any division or district of his or her court or, if he or she is a judge of the branch of the district court in the city of New York, anywhere in such city, and may be temporarily assigned [to the county court in the judicial department of his residence or to a court for the city of New York established pursuant to section fifteen of this article or] to [the] any branch ofthe district court in [any county] the judicial department of his or her residence.

c. The legislature may provide for temporary assignments, within the county of residence or any adjoining county, of [judges] justices of town[,] and village [or city] courts outside the city of New York. Such assignments may include temporary assignments to a branch of the district court outside the city of New York.

d. While temporarily assigned pursuant to the provisions of this section, any judge or justice shall have the powers, duties and jurisdiction of a judge or justice of the court to which assigned. After the expiration of any temporary assignment, as provided in this section, the judge or justice assigned shall have all the powers, duties and jurisdiction of a judge or justice of the court to which he or she was assigned with respect to matters pending before him or her during the term of such temporary assignment.

§18. Resolved (if the _______ concur), That subdivision a of section 22 of article 6 of the constitution, such section as renumbered by section 7 of this resolution, be amended to read as follows:

a. The legislature shall provide for the allocation of the cost of operating and maintaining the court of appeals, the appellate division of the supreme court in each judicial department, the supreme court[, the court of claims, the county court, the surrogate’s court, the family court, the courts for the city of New York established pursuant to section fifteen of this article] and the district court, among the state, thecounties, the city of New York and other political subdivisions.

§19. Resolved (if the _______ concur), That article 6 of the constitution be amended by adding 2 new sections 27 and 28 to read as follows:

§27. a. (1) The court of claims, the county court, the family court and the surrogate’s court shall be abolished January first, two thousand. Upon the abolition of such courts, their seals, records, papers and documents shall, unless otherwise provided by law, be deposited in the office of the clerks of the supreme court of the several counties in which these courts now exist.

(2) The city-wide courts of civil and criminal jurisdiction for the city of New York and the city courts outside the city of New York shall be abolished January first, two thousand. Upon the abolition of such courts, the seals, records, papers and documents of the courts within the city of New York shall, unless otherwise provided by law, be deposited in the office of the clerk of the branch of the district court in the city of New York and those of the courts outside the city of New York in the respective offices of the clerks of the branches of the district court outside the city of New York that replaced them.

b. The judges of the court of claims, the county court, the family court and the surrogate’s court in office on the date of abolition of their respective courts shall, for the remainder of the terms for which they were elected or appointed, be justices of the supreme court in and for the judicial district which includes the county in whichthey resided on that date.

c. The justices of the supreme court in office on December thirty-first, nineteen hundred ninety-nine shall, for the remainder of the terms for which they were elected or appointed, be justices of the supreme court in and for the judicial district in which they were elected or for which they were appointed. Retired judges and justices who, prior to January first, two thousand, were authorized to perform the duties of a justice of the supreme court pursuant to certification in accordance with the provisions of subdivision b of section twenty-five of this article then in effect, shall be certificated justices of the supreme court for the remainder of the term for which they were certificated, and thereafter be eligible for further certification in accordance with subdivision c of section eighteen of this article.

d. The judges of the city-wide courts of civil and criminal jurisdiction of the city of New York, including the housing judges of the city-wide court of civil jurisdiction, in office on the date of abolition of their respective courts shall, for the remainder of the terms for which they elected or appointed, be judges of the district court in the branch thereof in the city of New York; except that each of such judges who, on December thirty-first, nineteen hundred ninety-nine, was temporarily assigned to the supreme court pursuant to former section twenty-six of this article shall continue to serve temporarily as a justice of the supreme court until the sooner of: (1) the occurrence of a vacancy in his or her office, by expiration of term orotherwise, (2) the chief administrator of the courts discontinues such temporary assignment, or (3) December thirty-first, two thousand four. Notwithstanding any other provision of this article, where the term of office of a judge who is serving temporarily as a justice of the supreme court pursuant to this subdivision would otherwise expire before January first, two thousand two, such term shall be extended until January first, two thousand two. Where the term of office of a judge who, on December thirty-first, nineteen hundred ninety-nine was temporarily assigned to the supreme court expired on such date or such office otherwise became vacant on such date, where the chief administrator of the courts discontinues a temporary assignment hereunder, or where a person serving such a temporary assignment vacates his or her office for a reason other than expiration of term, the chief administrator may assign any other judge of the district court in the branch thereof in the city of New York to serve temporarily as a justice of the supreme court pursuant to the provisions of this subdivision.

e. The judges of the city court outside the city of New York in office on the date of abolition of their respective courts shall, for the remainder of the terms for which they were elected or appointed, be judges of the district court in the branches thereof established in their place or in the branch established in Nassau county, as appropriate.

f. Each action and proceeding pending in the supreme court on Decemberthirty-first, nineteen hundred ninety-nine shall be deemed pending in the supreme court as of January first, two thousand. Each action and proceeding pending in the court of claims, the county court, the family court or the surrogate’s court on the date of abolition of such courts shall be transferred to the supreme court in the county in which the action or proceeding was pending, or otherwise, as may be provided by law. Each action and proceeding pending in the city-wide court of civil or criminal jurisdiction for the city of New York or in a city court outside the city of New York on the date of abolition of such court shall be transferred to the branch of the district court in the city of New York or to the appropriate branch of the district court outside such city, respectively. Each action and proceeding pending in the district court in Nassau or Suffolk county on December thirty-first, nineteen hundred ninety-nine shall be deemed pending in the district court in Nassau or Suffolk county, as appropriate, as of January first, two thousand.

g. In the event that a judgment or order was entered before the effective date of this section and a right of appeal existed and notice of appeal therefrom is filed after such effective date, such appeal shall be taken from the supreme court, the court of claims, the county court, the surrogate’s court, the family court, the city-wide courts of civil and criminal jurisdiction for the city of New York, the city courts outside the city of New York, or the district court to the appellate division of the supreme court in the judicial department in which such court was located; providedhowever, that any such appellate division of the supreme court may transfer any such appeal to an appellate term, if such appellate term be established. Further appeal from a decision of an appellate term or the appellate division of the supreme court shall be as provided by law, consistent with this article.

h. In the event that an appeal was decided before the effective date of this section and a further appeal could be taken as of right and notice of appeal therefrom is filed after such effective date, such appeal may be taken from the appellate division of the supreme court to the court of appeals and from any other court to the appellate division of the supreme court. Further appeal from a decision of the appellate division of the supreme court shall be governed by the provisions of this article. If a further appeal could not be taken as of right, such appeal shall be governed by the provisions of this article.

i. As may be provided by law, the nonjudicial personnel of the courts abolished by this section in office on the date of abolition shall, to the extent practicable, be continued without decrease in salaries and with the same status and rights in the courts established or continued by this article; and especially skilled, experienced and trained personnel shall, to the extent practicable, be assigned to like functions in the district court and the supreme court. If the abolition of such courts shall require or make possible a reduction in the number of nonjudicial personnel, or in the number of certain categories of such personnel, such reduction shall be made, to the extentpracticable, by provision that the death, resignation, removal or retirement of an employee shall not create a vacancy until the reduced number of personnel has been reached.

j. Once the state is divided into five judicial departments as provided in subdivision a of section four of this article, the legislature may provide for the transfer between departments of the appellate division of appeals pending in the appellate division as of the date the state is divided into five judicial departments as the interests of justice require; provided no appeal may be transferred to a department other than the department in which such appeal could have been taken had the state been divided into five judicial departments on the date the appeal was taken.

k. On or before April first, two thousand, the chief administrator of the courts shall submit to the legislature and governor a comprehensive report on the judgeship needs of the supreme court in the city of New York over the five-year period ending December thirty-first, two thousand four. This report shall take note of the number of judges of the city-wide courts of civil and criminal jurisdiction of the city of New York who, on December thirty-first, nineteen hundred ninety-nine, were temporarily assigned to the supreme court pursuant to former section twenty-six of this article, and shall certify such number of additional justices, if any, that the chief administrator believes to be necessary to enable the supreme court to dispose of the actions and proceedings before it in a timely manner. The number of additionaljustices certified by the chief administrator shall be established and, unless otherwise provided by law prior to January first, two thousand one, they shall be elective or appointive, apportioned to particular judicial districts and effective on dates (not sooner than January first, two thousand two) specified by the chief administrator.

§28. a. Except as provided in subdivision b of this section, this article and all amendments thereto, as heretofore approved and ratified by the people, shall remain in full force and effect.

b. The amendments to sections one, four, six, seven and eight and to sections nine, ten, twelve, thirteen, fourteen, sixteen, eighteen, nineteen and twenty-two as renumbered by section seven of this resolution, and the addition of new sections twenty-seven and twenty-eight in this article, as first proposed by a concurrent resolution passed by the legislature in the year nineteen hundred ninety-seven, entitled "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 6 of the constitution, in relation to the composition of judicial departments and the restructuring of the unified court system, and the repeal of sections 9, 10, 11, 12, 13, 14, 15, 34, 35, 36, 36-a, 36-c and 37 of article 6 of the constitution relating thereto" shall become a part of the constitution on the first day of January next after the approval and ratification of the amendments proposed by such concurrent resolution by the people and the provisions thereof shall become effective on such date.

§20. Resolved (if the _______ concur), That the foregoing amendments be referred to the first regular legislative 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.