Provisions
VI.5 proposed for 1939 • Court of appeals; organization; designations.
REJECTED
The Text
The court of appeals is continued. It shall consist of the chief judge, the six elected associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state, and such justices of the supreme court as may be designated thereto as hereinafter provided. The official terms of the chief judge and elected associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall constitute a quorum and the concurrence of four shall be necessary to a decision; but no more than seven judges shall sit in any case. In case of the temporary absence or inability to act of any judge of the court of appeals, the court may designate any justice of the supreme court to serve as associate judge of the court during such absence or inability to act. Whenever the court of appeals shall certify to the governor that the court is unable, by reason of the accumulation of causes, to hear and dispose of them with reasonable speed, the governor shall designate as many justices of the supreme court as may be certified to be necessary, but not more than four, to serve as associate judges of the court of appeals. The justices so designated shall be relieved, while so serving, from their duties as justices of the supreme court, and shall serve as associate judges of the court of appeals until the court shall certify that the need for the services of any such justices no longer exists, whereupon they shall return to the supreme court. The governor may fill vacancies among such designated judges. No justice shall serve as associate judge of the court of appeals except while holding the office of justice of the supreme court. The designation of a justice of the supreme court as an associate judge of the court of appeals shall not be deemed to affect his existing office any longer than until the expiration of his designation as such associate judge, nor to create a vacancy. The court shall have power to appoint and to remove its clerks, attendants, assistants and other employees.
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.5
Credits
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