Provisions
VI.16 proposed for 1939 • Vacancies in certain judicial offices and New York city courts, how filled.
REJECTED
The Text
The city court of the city of New York is continued with its present jurisdiction and including original jurisdiction concurrent with the supreme court in actions for the recovery of money only in which the complaint demands judgment for a sum not exceeding three thousand dollars, and interest, and in actions of replevin, foreclosure of mechanic’s liens and liens on personal property where the property involved does not exceed in value the sum of three thousand dollars and such additional jurisdiction as may hereafter be conferred by the legislature in all actions hereinbefore enumerated in which the complaint demands judgment not in excess of five thousand dollars with interest. The court shall have power to entertain equitable defenses and its jurisdiction to enter judgment upon a counterclaim shall be unlimited in amount. It shall consist of the justices now in office, and their successors who shall be elected for terms of ten years in the counties in which a vacancy shall occur or in which a term shall be about to expire. The legislature may increase the number of justices and provide for their election in specified counties. The justices shall receive from the city of New York such compensation as may be fixed by law.
The justices of the city court of the city of New York shall choose one of their number to be the presiding justice thereof, who shall act as such during his term of office, and who shall be charged with the general administration of the court and the assignment of the justices to hold the terms thereof, subject to such regulations as the presiding justices of the appellate divisions of the supreme court in the first and second departments shall from time to time prescribe. The justices of said city court shall have power to appoint and remove a chief clerk of the court, and one or more deputy clerks in each county.
Any justice of the city court of the city of New York may be temporarily assigned by the justices of the appellate division of the department within which he resides to hold any term of the supreme court within such department; such justice shall have the powers and duties of justice of the supreme court while so assigned.
A Few Facts
• Has 376 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.15
Credits
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