Provisions
VI.10 proposed for 1939 • Trial of impeachments.
REJECTED
The Text
Judges of the court of appeals and justices of the supreme court may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except justices of the peace, justices of the municipal court of the city of New York, and judges or justices of inferior courts not of record, may be removed by the senate, on the recommendation of the governor, if two-thirds of all the members elected to the senate concur therein. But no officer shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journals.
Notwithstanding the foregoing provisions, a justice of the supreme court, a judge of the court of claims, a surrogate or special surrogate, a judge of a court of general sessions, a county judge or special county judge, or a justice of the city court of the city of New York, may be removed for cause or may be retired for permanent mental or physical disability preventing the performance of his judicial duties, by the court of appeals, either upon its own miction or upon the recommendation of the appellate division of the department within which the justice, judge or surrogate resides, provided, however, that no justice, judge or surrogate shall he so removed or retired unless he shall first have been served with a written notice of the proceeding therefor and a statement of the cause or disability alleged and shall have been given an opportunity to be heard. Removal for cause shall be upon the concurrence of five of the elected judges of the court of appeals.
Justices of the municipal court of the city of New York, judges and justices of all courts of inferior local jurisdiction and justices of the peace, may be removed for cause or may be retired for permanent mental or physical disability preventing the performance of their judicial duties, by the appellate division of the department within which the judge or justice resides, in the manner hereinabove specified.
Judicial officers retired for disability in accordance with this section shall receive thereafter such compensation as the legislature may provide.
A Few Facts
• Has 401 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.9
Credits
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