Provisions
VI.15 proposed for 1939 • City court of city of New York; jurisdiction.
REJECTED
The Text
The court of general sessions of the county of New York is continued with its present jurisdiction, under the name of the court of general sessions of the county of New York. The said court shall consist of the judges now in office, all of whom shall continue to be judges of the court of general sessions of the county of New York for the remainder of the terms for which they were severally elected or appointed. The county courts of the counties of Kings, Bronx, Queens and Richmond respectively, are continued with their respective present jurisdiction, under the names of the court of general sessions of the county of Kings, the court of general sessions of the county of Bronx, the court of general sessions of the county of Queens, and the court of general sessions of the county of Richmond, respectively. Each of said courts shall consist of the county judges now in office, all of whom shall become judges of the court of general sessions of their respective counties for the remainder of the terms for which they were severally elected or appointed. The successors to the judges who were elected or appointed as judges of the court of general sessions of the county of New York or its predecessor the court of general sessions in and for the city and county of New York shall be elected by the electors within the county of New York; the successors to the judges who were elected or appointed as judges of the county court of the county of Kings shall be elected by the electors within the county of Kings; the successors to the judges who were elected or appointed as judges of the county court of the county of Bronx shall be elected by the electors within the county of Bronx; the successors to the judges who were elected or appointed as judges of the county court of the county of Queens shall be elected by the electors within the county of Queens; the successor to the judge who was elected or appointed as judge of the county court of the county of Richmond shall be elected by the electors within the county of Richmond. The legislature may authorize the election of one or more additional judges of any of said courts. The successors to all said judges shall be elected for the term of fourteen years.
Whenever there are three more judges of any court of general sessions the judges thereof shall choose one of their number to be the administrative judge of said court who shall act as such for the period of five years, but not beyond the expiration of his term of office. He shall be charged with the general administration of the court and the assignment of the judges to hold the terms thereof.
Ally judge of any court of general sessions may be temporarily assigned to serve in another court of general sessions within the judicial district of his residence or to preside at a special, trial, or other term of the supreme court within the judicial district of his residence by the justices of the appellate division of the department within which he resides.
During the period of assignment the assigned judge shall have all of the powers, duties and jurisdiction of a justice or judge of the court to which he may be assigned.
The appellate divisions in the first and second departments shall severally have power to establish an appellate term for criminal appeals to hear and determine such appeals from inferior criminal courts of the city of New York, as may hereafter he authorized by law. Each of such appellate terms hall be constituted of three members who may he either justices of the supreme court or judges of n. court of general sessions as may be designated from time to time by such appellate division. They shall be residents of the city of New York and of the judicial department for which such appellate term is established. Two of the members of such appellate term shall constitute a quorum and the concurrence of two shall be necessary to a decision. Such appellate terms shall be held at such times and places as the appellate division of the respective department shall designate. Except as otherwise provided by law such appellate term or the appellate division establishing it may allow an appeal from such appellate term to such appellate division whenever in the opinion of either a question of law or fact is involved which ought to be reviewed.
A Few Facts
• Has 758 words
• Was proposed by the Constitutional Convention
• Went to NYS voters as proposed amendment 5 of 1938
If New Yorkers voted to approve this provision, it would have:
• Joined the Constitution in 1939
• Been in Article VI: Judiciary
• Changed the text of a previously existing provision
• Amended or built on:
◦ 1926-VI.14
Credits
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