Article VI, § 1 Additional 31 district 32 30 population thereof as shown by the last state or federal census or enumeration. The legislature may erect out of the second judicial district as now constituted, another 33 judicial district and apportion the justices in office between 34 the districts, and provide for the election of additional jus35 tices in the new district not exceeding the limit herein 36 provided. Source Const. 1821, Art. V, § 4; amended, Const. 1846, Art. VI, § 3; amended, Judiciary Article, 1869,3 Art. VI, § 6; amended in 1879* and in 1888; amended, Const. 1894, Art. VI, § 1; amended in 1905.5 Lincoln's Constitutional History For historical comment, mainly on the period from 1821 to 1846, see For court decisions construing this section and matters relating thereto, References to constitutional conventions and commissions. 1777. I:535. 1821. I:674-690. 1846. II:140-144, 150-153, 217. 1867. II:247-249, 264-271. Method of choosing judges, II:285288. 1890. II:701-703. 1894. III:335-341, 352-353. Debates of constitutional conventions 1821. Reorganization, 501 (Oct. 22); legislative power to create, 602604 (Nov. 2); number of justices, 621-623 (Nov. 3), 653-654 (Nov. 9). 1846. How constituted, 773-777 (Aug. 29-31), 762-764 (Aug. 2627); jurisdiction, 559-582 (Aug. 10-11), 590-596 (Aug. 12); justices, how chosen, 111-112 (June 17), 140-142 (June 23), 787794 (Sept. 1-2); additional justices, 794-796 (Sept. 2-3), 11231124 (Appendix); judicial districts, 766-768 (Aug. 27), 771-772 (Aug. 28). 3 The constitution proposed by the constitutional convention of 1867-68 was not submitted to the people until the general election in November, 1869. For the full text (except Art. VI) of this proposed constitution, see Lincoln's Constitutional History, II: 423-463. It was all rejected except the Judiciary Article (Art. VI). This article as adopted by the people is given in full in Lincoln, I: 282-295. 4 For the texts of the constitutional amendments of 1879 and 1888, see Lincoln's Constitutional History, I:314, 315. 5 For legislative history of this amendment and the action of the people thereon, see Part II, post, pp. 102-103. Article VI, § 2 1867. How constituted, IV:2408-2426, 2452-2478, 2495-2524, 25302541, 2644-2650; V:3709-3713; justices, number, V:3708-3709, 3719-3720; justices, how chosen, IV:2551-2560, 2574-2591, 26652668, 2707-2708; time of election, V:3737-3738. 1894. Justices, number, II:892-893 (III:1108-1109); II:906-915 (III:1116-1120); II:919-922 (III:1124-1126); III:55-56 (II: 1310). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 269 (Int. 267), 279 (Int. 277), 422 (Int. 383). In the legislature, 1895-1914: see Part II, post, pp. 102-107. Judicial de Appellate § 2. The legislature shall divide the state into four judicial partments 2 departments. The first department shall consist of the 3 county of New York; the others shall be bounded by county 4 lines, and be compact and equal in population as nearly 5 as may be. Once every ten years the legislature may alter 6 the judicial departments, but without increasing the number 7 thereof. There shall be an appellate division of the supreme division 8 court, consisting of seven justices in the first department, 9 and of five justices in each of the other departments. In each 10 department four shall constitute a quorum, and the concur11 rence of three shall be necessary to a decision. No more than 12 five justices shall sit in any case. From all the justices elected 13 to the supreme court the governor shall designate those who 14 shall constitute the appellate division in each department; 15 and he shall designate the presiding justice thereof, who shall 16 act as such during his term of office, and shall be a resident of 17 the department. The other justices shall be designated for 18 terms of five years or the unexpired portions of their respec19 tive terms of office, if less than five years. From time to 20 time as the terms of such designations expire, or vacancies 21 occur, he shall make new designations. A majority of the 22 justices so designated to sit in the appellate division, in 23 each department shall be residents of the department. He 24 may also make temporary designations in case of the absence 25 or inability to act of any justice in the appellate division, 26 or in case the presiding justice of any appellate division 27 shall certify to him that one or more additional justices are 28 needed for the speedy disposition of the business before it. • This overture was adopted by the convention and accordingly became a part of the Constitution. Transfer of 29 appeals to other department duties of justices 30 31 Article VI, § 2 Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the several depart32 ments at a meeting called by the presiding justice of the 33 department in arrears may transfer any pending appeals 34 from such department to any other department for hearing Powers and 35 and determination. No justice of the appellate division 36 shall, within the department to which he may be designated 37 to perform the duties of an appellate justice, exercise any of 38 the powers of a justice of the supreme court, other than 39 those of a justice out of court, and those pertaining to the 40 appellate division, or to the hearing and decision of motions 41 submitted by consent of counsel, but any such justice, when 42 not actually engaged in performing the duties of such appel43 late justice in the department to which he is designated, may 44 hold any term of the supreme court and exercise any of the 45 powers of a justice of the supreme court in any county or Jurisdiction 46 judicial district in any other department of the state. From 47 and after the last day of December, eighteen hundred and 48 ninety-five, the appellate division shall have the jurisdiction 49 now exercised by the supreme court at its general terms and 50 by the general terms of the court of common pleas for the 51 city and county of New York, the superior court of the city 52 of New York, the superior court of Buffalo and the city 53 of Brooklyn, and such additional jurisdiction as may be con54 ferred by the legislature. It shall have power to appoint Appellate 55 and remove a reporter. The justices of the appellate division in each department shall have power to fix the times and places for holding special terms therein, and to assign the justices in the departments to hold such terms; or to make 59 rules therefor. Reporter division justices to 56 fix special terms 57 58 Source Const. 1846, Art. VI, § 6; amended, Judiciary Article, 1869, Art. VI, 87; amended, Const. 1894, Art. VI, § 2; amended in 18999 and in 1905.9 Lincoln's Constitutional History For historical sketch of the evolution of the appellate division, see 7 For suggestions in regard to a council of law reporting, see Supplementary Notes following Article XV, post, under the title Courts. 8 See footnote no. 3, to Art. VI, § 1, ante. For the legislative history of the amendments of 1899 and 1905, and the action of the people thereon, see Part II, post, pp. 109-112. Article VI, § 3 For comment upon this section and court decisions construing it, see References to constitutional conventions and commissions. 1867. Departments, II:251, 265-269, 271; reporter, II:285. Debates of constitutional conventions 1846. Judges, powers limited, 789 (Sept. 2). 1867. Judicial departments, IV:2693-2695; general term, IV:2541– 1894. How constituted, II:923–934 (III:1126–1132); III:33–34 (III: 1296-1297); III:36-52 (III:1300-1308); justices, number, IV:547– 558 (V:2269-2274); justices, duties, III:52-55 (III:1308-1310). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional to review cision on in equity § 3. No Judge or Justice shall sit in the Appellate Division Judge not 2 or in the Court of Appeals in review of a decision made by own de3 him or by any court of which he was at the time a sitting appeal 4 member. The testimony in equity cases shall be taken in like Testimony manner as in cases at law; and, except as herein otherwise cases 6 provided, the Legislature shall have the same power to alter Power of 7 and regulate the jurisdiction and proceedings in law and in over juris8 equity that it has heretofore exercised. 5 Source 11 Const. 1846, Art. VI, § 10; amended, Judiciary Article, 1869,11 Art. Lincoln's Constitutional History For historical comment on this section and court decisions construing the same, see IV:539-542. References to constitutional conventions. 1846. Testimony in equity cases, II:163. 1867. Not to review his own decision, II:266–267, 271. Debates of constitutional conventions 1846. Testimony in equity cases, 782-785 (Sept. 1); procedure regulated by the legislature, 772-773 (Aug. 29). 10 This overture was adopted by the convention and accordingly became a part of the Constitution. 11 See footnote no. 3, to Art. VI, § 1, ante. 3 legislature diction and proceedings in actions Article VI, § 4 1867. Testimony in equity cases, IV:2683-2684; not to review his own decision, IV:2434–2436; V:3713-3717. 1894. Not to review his own decision, II:934 (III:1132). Texts of proposed amendments Supreme 1 court justices; terms and vacancies 2 3 In the Constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 127, 422 (Int. 383).12 12 § 4. The official terms of the Justices of the Supreme Court shall be fourteen years from and including the first day of January next after their election.13 When a vacancy shall occur otherwise than by expiration of term in the office of 5 Justice of the Supreme Court the same shall be filled for a 6 full term, at the next general election, happening not less 7 than three months after such vacancy occurs; and, until 8 the vacancy shall be so filled, the Governor by and with the 9 advice and consent of the Senate, if the Senate shall be in 10 session, or if not in session the Governor, may fill such va11 cancy by appointment, which shall continue until and in12 cluding the last day of December next after the election at 13 which the vacancy shall be filled. Source Const. 1846, Art. VI, § 13; amended, Judiciary Article, 1869,14 Art. Lincoln's Constitutional History For court decisions construing this section, see IV:542-543. 1821. 1:672, 675. 1867. II:250-262, 266, 268–271. 1890. II:718. Debates of constitutional conventions 1846. 769-770 (Aug. 28). 1867. IV:2544-2547, 2551-2560, 2574–2592, 2651-2654, 2655-2668. 1894. II:934-945 (III:1132-1138). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, pp. 121-123. 12 This overture was adopted by the convention and according became a part of the Constitution. 13 For age limitation, see Art. VI, § 12, post. 14 See footnote no. 3, to Art. VI, § 1, ante. 15 This overture was adopted by the convention and accordingly became a part of the Constitution. |