Provisions
VI.19 of 1926 • Compensation for judges, justices, and surrogates.
APPROVED
The Text
All judges, justices and surrogates shall receive for their services such compensation as is now or may hereafter be established by law, provided only that such compensation shall not be diminished during their respective terms of office. Except as in this article provided, all judicial officers shall be elected or appointed at such times and in such manner as the legislature may direct. No one shall be eligible to the office of judge of the court of appeals, justice of the supreme court, surrogate, or judge of any other court of record who is not an attorney and counselor of this state except in the county of Hamilton as to the office of county judge or surrogate. No judge or justice shall sit in any appellate court in review of a decision made by him or by any court of which he was at the time a sitting member. No person shall hold the office of judge or justice of any court or the office of surrogate longer than until and including the last day of December next after he shall be seventy years of age. The judges of the court of appeals and the justices of the supreme court shall not hold any other public office or trust, except that they shall be eligible to serve as members of a constitutional convention. All votes for any such judges or justices for any other than a judicial office or as a member of a constitutional convention, given by the legislature or the people, shall be void. No judicial officer except justices of the peace, shall receive to his own use any fees or perquisites of office. A judge of the court of appeals, a justice of the supreme court, a judge of the court of general sessions of the counts of New York a justice of the city court of the city of New York, and a county judge or surrogate elected in a county having a population exceeding one hundred and twenty thousand, shall not practice as an attorney or counselor in any court of record in this state nor act as referee in any action or proceeding. The legislature may impose a similar prohibition upon county judges or surrogates in other counties. No district attorney or assistant to or deputy of a district attorney shall appear or act as attorney or counsel for the defendant in any criminal case or proceeding in any court of the state, nor shall any county judge, special county judge, surrogate, or special surrogate appear or act as counsel for a defendant in any criminal case or proceeding pending in his own county or in any adjacent county.
A Few Facts
• Joined the Constitution in 1926
• In Article VI: Judiciary
• Has 445 words
• Was proposed by the Legislature
• Went to NYS voters as proposed amendment 4 of 1925
• Changed the text of a previously existing provision
• Amends or builds on:
◦ 1895-VI.3
◦ 1895-VI.10
◦ 1895-VI.20 ◦ 1910-VI.12
Credits
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