Article VI, § 10 19 The Legislature may further restrict the jurisdiction of the 20 Court of Appeals and the right of appeal thereto, but the 21 right to appeal shall not depend upon the amount involved. 22 The provisions of this section shall not apply to orders 23 made or judgments rendered by any General Term before 24 the last day of December, one thousand eight hundred and 25 ninety-five, but appeals therefrom may be taken under exist26 ing provisions of law. Source Const. 1894, Art. VI, § 9. Lincoln's Constitutional History For court decisions construing this section, see IV:548-550. 1867. II:260. 1890. II:686-690, 722. 1894. III:346–347, 349- Debates of constitutional conventions Judges not 1 to hold other office 2 1846. Power to issue state writs, 837-838 (Sept. 10). 1867. IV:2699-2701; V:3738-3739. 1894. II:902 (III:1113); II:1088-1121 (III:1217-1235); III:64–65 (III:1314–1315); IV:558-559 (V:2275). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, pp. 134-138. § 10. The Judges of the Court of Appeals and the Justices of the Supreme Court shall not hold any other office or public trust. All votes for any of them, for any other than a judicial 4 office, given by the Legislature or the people, shall be void. 3 Source Const. 1777, Art. XXV; amended, Const. 1821, Art. V, § 7; amended, Lincoln's Constitutional History For court decisions construing this section, see IV:551-554. 1777. I:535. Debates of constitutional conventions 1846. 779-781 (Aug. 31). 1867. IV:2436, 2661. 1894. II:907-908 (III:1116-1117); II:1121-1122 (III:1236). 28 This overture was adopted by the convention and accordingly became a part of the Constitution. 29 See footnote no. 3, to Art. VI, § 1, ante. Article VI, § 12 of judges 1 § 11. Judges of the Court of Appeals and Justices of the Removal 2 Supreme Court may be removed by concurrent resolution of 3 both houses of the Legislature, if two-thirds of all the mem4 bers elected to each house concur therein. All other judicial 5 officers, except Justices of the Peace and judges or justices 6 of inferior courts not of record, may be removed by the 7 Senate, on the recommendation of the Governor, if two-thirds 8 of all the members elected to the Senate concur therein. 9 But no officer shall be removed by virtue of this section 10 except for cause, which shall be entered on the journals, 11 nor unless he shall have been served with a statement of 12 the cause alleged, and shall have had an opportunity to be 13 heard. On the question of removal, the yeas and nays shall 14 be entered on the journal. Source 30 Const. 1846, Art. VI, § 11; amended, Judiciary Article, 1869,31 Art. Lincoln's Constitutional History For a history of the legislature's power of removal and the cases in References to constitutional conventions. 1777. IV:554–556. 1821. I:674; IV:556–563. 1846. IV:563- Debates of constitutional conventions 1821. 443-445 (Oct. 15). 1846. 785-787 (Sept. 1). 1894. II:11221123 (III:1236-1237). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, pp. 139-140. of judges § 12. No person shall hold the office of judge or justice Age limit 2 of any court longer than until and including the last day 30 For other references to the removal of judges, see Supplemental Notes following Article XV, post, under the title Removal, power of. 31 See nootnote no. 3, to Art. VI, § 1, ante. 32 For text of the constitutional amendment of 1845, see Lincoln's Constitutional History, I: 224-225. 33 This overture was adopted by the convention and accordingly became a part of the Constitution. Compensa tion of supreme court justices 4 5 Article VI, § 12 3 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 6 assigned to the appellate divisions in the third and fourth 7 departments shall each receive in addition the sum of two 8 thousand dollars, and the presiding justices thereof the sum 9 of two thousand five hundred dollars per year. Those 10 justices elected in the first and second judicial departments 11 shall continue to receive from their respective cities, counties 12 or districts, as now provided by law, such additional com13 pensation as will make their aggregate compensation what 14 they are now receiving. Those justices elected in any 15 judicial department other than the first or second, and as16 signed to the appellate divisions of the first or second depart17 ments shall, while so assigned, receive from those depart18 ments respectively, as now provided by law, such additional 19 sum as is paid to the justices of those departments. A justice 20 elected in the third or fourth department assigned by the 21 appellate division or designated by the governor to hold 22 a trial or special term in a judicial district other than that 23 in which he is elected shall receive in addition ten dollars per 24 day for expenses while actually so engaged in holding such 25 term, which shall be paid by the state and charged upon the 26 judicial district where the service is rendered. The compen27 sation herein provided shall be in lieu of and shall exclude 28 all other compensation and allowance to said justices for 29 expenses of every kind and nature whatsoever. The provi30 sions of this section shall apply to the judges and justices 31 now in office and to those hereafter elected. Source 34 Const. 1846, Art. VI, § 7; amended, Judiciary Article, 1869, Art. Lincoln's Constitutional History Compensation, history of, from 1835, see IV :590-598. For court decisions construing the age limit provision of this section, see IV:598. 34 See footnote no. 3, to Art. VI, § 1, ante. 35 For text of the constitutional amendment of 1880, see Lincoln's Constitutional History, I: 317. 36 For legislative history of this amendment and action of people thereon, see Part II, post, pp. 141-142. Article VI, § 13 References to constitutional conventions and commissions. 1890. Judicial pensions, II:713-716, 724. 1894. Judicial pensions, III:366–368. Debates of constitutional conventions 1846. 777-779 (Aug. 31). 1867. IV:2438-2443, 2446-2460, 2708. 1894. II:1123-1157 (III:1237-1256); II:1159-1169 (III:1258-1263). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 25, 179 (Int. 178), 249 (Int. 247), 262 (Int. 260), 422 (Int. 383).37 In the legislature, 1895-1914: see Part II, post, pp. 141-143. ment § 13. The Assembly shall have the power of impeachment, Impeach2 by a vote of a majority of all the members elected. The 3 Court for the Trial of Impeachments shall be composed of 4 the President of the Senate, the senators, or the major part 5 of them, and the Judges of the Court of Appeals, or the 6 major part of them. On the trial of an impeachment against 7 the Governor or Lieutenant-Governor, the Lieutenant-Gov8 ernor shall not act as a member of the court. No judicial 9 officer shall exercise his office, after articles of impeachment 10 against him shall have been preferred to the Senate, until 11 he shall have been acquitted. Before the trial of an impeach12 ment the members of the court shall take an oath or affirma13 tion truly and impartially to try the impeachment according 14 to the evidence, and no person shall be convicted without the 15 concurrence of two-thirds of the members present. Judg16 ment in cases of impeachment shall not extend further than 17 to removal from office, or removal from office and disqualifi18 cation to hold and enjoy any office of honor, trust or profit 19 under this State; but the party impeached shall be liable 20 to indictment and punishment according to law. Source Const. 1777, Art. XXXIII; amended, Const. 1821, Art. V, § 2; amended, Const. 1846, Art. VI, § 1; amended, Judiciary Article, 1869,38 Art. VI, § 1; continued without change in Const. 1894, Art. VI, § 13. Lincoln's Constitutional History For historical sketch of the power of impeachment in this state, including impeachment trials, see IV :599-612. 37 This overture was adopted by the convention and accordingly became a part of the Constitution. 38 See footnote no. 3, to Art. VI, § 1, ante. County courts Judges; number, election, term Jurisdic tion of county courts Article VI, § 14 References to constitutional conventions. 1777. I:538-540. 1821. I:673; IV:600-602. 1846. II:144-145; IV:602-603. 1867. II:249. 1894. IV:602–603. Debates of constitutional conventions 1821. 435-440 (Oct. 15). 1846. 555--558 (Aug. 10). 1867. III:2164; IV:2635; V:3727-3728, 3776. 1894. II:1169 (III:1263). Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional § 14. The existing county courts are continued, and the judges thereof now in office shall hold their offices until the 3 expiration of their respective terms. In the county of Kings 4 there shall be four county judges. The number of county 5 judges in any county may also be increased, from time to 6 time, by the legislature, to such number that the total 7 number of county judges in any one county shall not exceed 8 one for every two hundred thousand, or major fraction 9 thereof, of the population of such county. The additional 10 county judges in the county of Kings shall be chosen at the 11 general election held in the first odd-numbered year after 12 the adoption of this amendment. The additional county 13 judges whose offices may be created by the legislature shall 14 be chosen at the general election held in the first odd-num15 bered year after the creation of such office. All county 16 judges, including successors to existing judges, shall be 17 chosen by the electors of the counties for the term of six 18 years from and including the first day of January following 19 their election. County courts shall have the powers and 20 jurisdiction they now possess, and also original jurisdiction 21 in actions for the recovery of money only, where the 22 defendants reside in the county, and in which the complaint 23 demands judgment for a sum not exceeding two thousand 24 dollars. The legislature may hereafter enlarge or restrict 25 the jurisdiction of the county courts, provided, however, that 26 their jurisdiction shall not be so extended as to authorize 27 an action therein for the recovery of money only, in which 28 the sum demanded exceeds two thousand dollars, or in which 29 any person not a resident of the county is a defendant. 30 Courts of sessions, except in the county of New York, are 31 abolished from and after the last day of December, eighteen |