The Text

The division of the state into four judicial departments is continued as now constituted by law. Once every ten years, the legislature may alter the boundaries of the judicial departments, but without increasing the number thereof, and each department shall be bounded by the lines of judicial districts. The appellate divisions of the supreme court are continued, and shall consist of seven justices of the supreme court in each of the first and second departments, and five justices in each of the other departments. In each appellate division, four justices shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case.
The governor shall designate the presiding justice of each appellate division, who shall act as such during his term of office and shall be a resident of the department. The other justices of the appellate divisions shall be designated by the governor, from all the justices elected to the supreme court, for terms of five years or the unexpired portions of their respective terms of office, if less than five years. A majority of the justices designated to sit in each appellate division shall at all times be residents of the department and elected in a district within the department. The justices heretofore designated shall continue to sit in the appellate divisions until the terms of their respective designations shall expire. From time to time as the terms of the designations expire, or vacancies occur, the governor shall make new designations. He may also, on request of any appellate division, make temporary designations in case of the absence or inability to act of any justice thereof, for service only during such absence or inability to act. In case any appellate division shall certify to the governor that one or more additional justices are needed for the speedy disposition of the business before it, the governor shall designate an additional justice or additional justices whose service in the appellate division shall cease whenever such appellate division shall certify to the governor that need for such additional justice or justices no longer exists. A justice may withdraw from service in the appellate division by filing with the governor a certificate that he elects to terminate his designation.
Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several departments, at a meeting called by the presiding justice of the department in arrears, may transfer any pending appeals from such department to any other department for hearing and determination. Whenever the appellate division in any department shall deem that reason exists why it should not determine any pending cause or proceeding, it may transfer the same to the appellate division of any other department.
The several appellate divisions, except as hereinafter provided, shall have and exercise such original or appellate jurisdiction as they now possess, and such additional jurisdiction as may hereafter be prescribed by law. No justice of the appellate division shall exercise, within the department to which he may be designated to perform the duties of a justice of the appellate division, any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division, except that he may decide causes or proceedings submitted to him prior to his designation, or hear and decide motions submitted by consent of counsel, but any such justice, when not actually engaged in performing the duties of a justice of the appellate division in the department to which he is designated, may hold any term of the supreme court and exercise any of the powers of a justice of the supreme court in any judicial district in any other department of the state. In any county in which there is no other resident supreme court justice, a justice of the appellate division resident in that county may hear and determine ex parte applications and grant and enter default judgments. Each appellate division shall have power to appoint and remove its clerks, attendants, assistants and other employees. The justices of the appellate division in each department shall have power to fix the times and places for holding special, trial and other terms of the supreme court therein and to assign the justices to hold such terms, or to make rules therefor.