Proposed Legislative Amendment on Judiciary

Amendment Purpose: 
1967 Constitutional Convention Amendment: Improved structure of the court system with more judicial staffing
Summary of Amendment: 
  • Permits the Court of Appeals to create new judges subject to disapproval only by concurrent resolution of the legislature, continues power to create by statute. 

Article V

Judiciary

Section 1. This article vests the judicial power of the state in a unified state-wide court system, consisting of the court of appeals, the supreme court and its appellate divisions, the court on the judiciary, the court of claims, the surrogate's court, the family court, the civil and criminal courts of the city of New York and the district court system. The legislature is directed to create at least five but not more than seven appellate divisions. It also includes county, town, city and village courts now existing until they may be superseded and abolished by the adoption of the district court system in any county outside the city of New York. The legislature is authorized to establish an administrative body as part of the unified court system to hear and determine such minor infractions of law as may be provided by statute.

Legislative Amendment Text: 

Article V

Judiciary

   Section 1. The judicial power of the state shall be vested in a unified statewide court system which shall consist of the court of appeals, the supreme court and its appellate divisions, the court on the judiciary, the court of claims, the surrogate's court, the family court, the civil and criminal courts of the city of New York, now existing, any administrative body established pursuant to section thirteen of this article, and the district court system in any county outside the city of New York. It shall also include the county, town, city and village courts now existing outside the city of New York until such courts are superseded and abolished as provided by this article.

Legislative History: 

In 1967, the New York State Constitutional Convention proposed a whole new Constitution that contained this provision and these changes to a vote of the people of the State of New York at the General Election asking "Shall the proposed new Constitution, adopted by the Constitutional Convention, and the Resolution submitting same, be approved?"  The Constitution as a whole was voted down by the people, which included these changes. 

Learn more on our page devoted to the 1967 Convention.  The Proceedings of the Convention are available from the New York State Library and you can downloadhttp://effectiveny.org/sites/all/modules/contrib/extlink/extlink.png); background-attachment: initial; background-origin: initial; background-clip: initial; background-color: initial; background-position: 100% 50%; background-repeat: no-repeat no-repeat; "> a PDF copy of the Constitution proposed by the 1967 Constitutional Convention.

 

 

 

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