New York A 8764: Relates to recusal by a court of appeals judge

Bill Text

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A08764 Summary:

BILL NOA08764 

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SAME ASSAME AS S00714

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SPONSORRa

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COSPNSR

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MLTSPNSR

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Amd §9, Judy L

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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.

Go to top A08764 Actions:

BILL NOA08764 

&nbsp

06/02/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA08764 Committee&nbspVotes:

Go to topA08764 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08764 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8764

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 2, 2025
 ___________

 Introduced by M. of A. RA -- read once and referred to the Committee on
 Judiciary

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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 9 of the judiciary law, as added by chapter 376 of
 2 the laws of 2020, is amended to read as follows:
 3 § 9. Recusal; reason. 1. Any judge, other than a court of appeals
 4 judge, who recuses [himself or herself] themselves from sitting in or
 5 taking any part in the decision of an action, claim, matter, motion or
 6 proceeding shall provide the reason for such recusal in writing or on
 7 the record; provided, however, that no such judge shall be required to
 8 provide a reason for such recusal when the reason may result in embar-
 9 rassment, or is of a personal nature, affecting the judge or a person
 10 related to the judge within the sixth degree by consanguinity or affin-
 11 ity.
 12 2. When any court of appeals judge recuses themselves from sitting in
 13 or taking any part in the decision, action, claim, matter, motion or
 14 proceeding, a replacement shall be chosen on a rotating basis, based on
 15 seniority, of the next available appellate division judge.
 16 § 2. This act shall take effect on the thirtieth day after it shall
 17 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02644-01-5

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