Provisions
VI.3 of 1870 • Vacancies, how filled.
APPROVED
The Text
When a vacancy shall occur, otherwise than by expiration of term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election, happening 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 not, the governor alone, may appoint to fill such vacancy. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but in such case the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled.
A Few Facts
• Joined the Constitution in 1870
• In Article VI:
• Has 200 words
• Was proposed by the Constitutional Convention
• Went to NYS voters as proposed amendment 2 of 1869
• Changed the text of a previously existing provision
• Amends or builds on:
◦ 1847-VI.13
Credits
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