New York - 11\6\1894


Article 6.0 [Last Modified: 1/1/2003]

ARTICLE VI

Section 12.0 0 [Last Modified: 1/1/2003]

12. The judges and justices hereinbefore mentioned shall receive for there services a compensation established by law, which shall not be increased or diminished during their official terms, except as provided in section five of this article. No person shall hold the office of judge or justice of any court longer than until and including the last day of December next after he shall be seventy years of age. No judge or justice elected after the first day of January, one thousand eight hundred and ninety-four, shall be entitled to receive any compensation after the last day of December next after he shall be seventy years of age; but the compensation of every judge of the Court of Appeals or justice of the Supreme Court elected prior to the first day of January, one thousand eight hundred and ninety-four, whose term of office has been, or whose present term of office shall be so abridged, and who shall have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected; but any such judge or justice may, with his consent, be assigned by the Governor, from time to time, to any duty in the Supreme Court while hi compensation is so continued.

Adopted Nov. 2, 1909 Art. 6, Sec. 12. No person shall hold the office of judge or justice of any court longer than and including the last day of December next after he shall be seventy years of age. Each justice of the supreme court shall receive from the state the sum of ten thousand dollars per year. Those assigned to the appellate divisions in the third and fourth departments shall each receive in addition the sum of two thousand dollars, and the presiding justices thereof the sum of two thou- sand five hundred dollars per year. Those justices elected in the first and second judicial departments shall continue to receive from their respective cities, counties or districts, as now provided by law, such additional compensation as will make their aggregate compensation what they are now receiving. Those justices elected in any judicial department other than the first or second, and assigned to the appellate divisions of the first or second departments shall, while so assigned, receive from those departments respectively, as now provided by law, such additional sum as is paid to the justices of those departments. A justice elected in the third or' fourth department assigned by the appellate division or designated by the Governor to hold a trial or special term in a judicial district other than that in which he is elected shall receive in addition ten dollars per day for expenses while actually so engaged in holding such term, which shall be paid by the state and charged upon the judicial district where the service is rendered. The compensation herein provided shall be in lieu of and shall exclude all other compensation and allowance to said justices for expenses of every kind and nature whatsoever. The provisions of this section shall apply to the judges and justices now in office and to those hereafter elected.

Section 12 of the 1894 text of Article VI was eliminated by the general amendment of this article adopted in 1925, and section 16 was amended and renumbered section 12, as shown below. The subject matter of old section 12 was made part of section 19 of this article as generally amended in 1925. Adopted Nov. 3, 1925 Old Art. 6 Section 12. Repealed. New Art. 6 Section 12. The legislature, on application of the board of supervisors or other body exercising similar powers, may, in any county having a county court, provide for the election of a special county judge or special surrogate, not to exceed two in any county, to discharge the duties of county judge or of surrogate in such cases as may be provided by. Any such special county judge or surrogate shall be chosen at the general election held in the first odd-numbered year after the creation of any such office, to take office on the 1st day of January following such election, but no appointment shall be made by the governor to such office meantime.