Bill

Bill > A08764


NY A08764

NY A08764
Provides that when a court of appeals judge recuses themselves from sitting in or taking part in the decision, action, claim, matter, motion or proceeding, a replacement shall be chosen on a rotating basis, based on seniority, of the next available appellate division judge.


summary

Introduced
06/02/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the judiciary law, in relation to recusal by a court of appeals judge

AI Summary

This bill amends the New York judiciary law to establish a specific procedure for replacing a Court of Appeals judge who recuses themselves from a case. Currently, the law requires most judges to provide a written explanation for their recusal, except in cases where the reason might cause embarrassment or involves personal matters. The new provision focuses specifically on Court of Appeals judges, mandating that when such a judge recuses themselves from a judicial proceeding, a replacement judge will be selected from the Appellate Division on a rotating basis, with selection determined by the judge's seniority. This approach aims to create a systematic and transparent method for maintaining judicial continuity when a Court of Appeals judge cannot participate in a case, ensuring that judicial proceedings can continue smoothly without leaving a gap in judicial review. The bill will take effect 30 days after it becomes law, providing a clear timeline for implementation of this new judicial procedure.

Committee Categories

Justice

Sponsors (1)

Last Action

referred to judiciary (on 01/07/2026)

bill text


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