New York State Law

Family Court Law

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Part 3 - Article 1 - Family Court

NUMBER, ELECTION, TERM AND COMPENSATION OF JUDGES NOT WITHIN THE CITY OF NEW YORK

Section Description
131 Number of judges.
132 Continuance in office.
133 Vacancies.
134 Eligibility for office.
135 Term of office.
137 County judge designated as family court judge.
138 Additional compensation for designated judge.
  S 131. Number of judges. The number of judges of the family court for
  each county outside the city of New York shall be as follows:
    (a) in each county in which there was a separate office or offices  of
  judge  of the children's court authorized by law on the thirty-first day
  of August nineteen hundred sixty-two, the number of judges of the family
  court for such county shall  be  equal  to  the  number  of  offices  so
  authorized  except  those  authorized  by  certificate filed pursuant to
  subdivision two of section four of the children's court act of the state
  of New York subsequent to March first, nineteen hundred sixty-two;  and,
  effective  May fifteenth, nineteen hundred sixty-three, there shall be a
  separate office of judge of the family court for the county of  Niagara;
  and,  effective May fifteenth, nineteen hundred sixty-three, there shall
  be a separate office of judge of the family  court  for  the  county  of
  Ulster; and, effective January first, nineteen hundred sixty-four, there
  shall  be  a separate office of judge of the family court for the county
  of  St.  Lawrence;  and,  effective  January  first,  nineteen   hundred
  sixty-five,  there  shall  be  a  separate office of judge of the family
  court for the  county  of  Chautauqua;  and,  effective  January  first,
  nineteen  hundred sixty-seven, there shall be a separate office of judge
  of the family court for the county of  Oneida;  and,  effective  January
  first,  nineteen hundred sixty-five, there shall be a separate office of
  judge of the family court for the county of  Jefferson;  and,  effective
  January  first,  nineteen  hundred  sixty-six, there shall be a separate
  office of judge of the family court for the county of Rockland:
    (b) in the other counties except the counties of Chautauqua, Jefferson
  and Oneida, a judge of the county court shall act as and  discharge  the
  duties of judge of the family court;
    (c)  in  the  counties  of  Chautauqua, Jefferson and Oneida, upon the
  expiration of the term of office of the special  county  judge  who  was
  continued as a judge of the family court pursuant to section one hundred
  thirty-two  of  this  act,  or  if  there was no special county judge in
  office on the effective date of this act, a judge of the county court of
  each such county shall act as and discharge the duties of judge  of  the
  family court.
    (d)  In  the county of Nassau there shall be eight family court judges
  and the number of such judges now existing  in  said  county  is  hereby
  increased accordingly.
    (e) In the county of Monroe there shall be six family court judges and
  the  number  of  such  judges  now  existing  in  said  county is hereby
  increased accordingly; in the county of Erie there shall be  six  family
  court  judges  and the number of such judges now existing in said county
  is hereby increased accordingly. In the county of Albany there shall  be
  a  total  of three family court judges and the number of such judges now
  existing in such county is hereby increased accordingly.
    (f) In the county of Onondaga there shall be three  additional  family
  court  judges  and the number of such judges now existing in such county
  is  hereby  increased  accordingly.  The  compensation  of   each   such
  additional  family  court judge shall be the same as the compensation of
  existing family court judges in such county.
    (g) There shall be a separate office of judge of the family court  for
  the  counties  of  Oswego  and Sullivan and the compensation payable for
  each such separate  office  of  judge  of  the  family  court  shall  be
  twenty-five  thousand dollars per annum. In the county of Saratoga there
  shall be an additional family court judge and the number of such  judges
  now  existing  in  such  county  is  hereby  increased  accordingly. The
  compensation of such additional family court judge shall be the same  as
  the compensation of the existing family court judge in such county.
    (h)  In  the  county  of  Westchester  there shall be three additional
  family court judges and the number of such judges now existing is hereby
  increased accordingly. The compensation of each additional family  court
  judge  shall  be  the  same  as  the existing family court judge in such
  county.
    (i)  In the county of Schenectady there shall be one additional family
  court judge and the  number  of  such  judges  now  existing  is  hereby
  increased  accordingly.  The compensation of the additional family court
  judge shall be the same as the  existing  family  court  judge  in  such
  county.
    (j)  In  the  county  of  Genesee there shall be one additional family
  court judge and the  number  of  such  judges  now  existing  is  hereby
  increased  accordingly.  The compensation of the additional family court
  judge shall be the same as the  existing  family  court  judge  in  such
  county.
    (k)  In  the  county  of Rockland there shall be one additional family
  court judge and the  number  of  such  judges  now  existing  is  hereby
  increased  accordingly.  The compensation of the additional family court
  judge shall be the same as the  existing  family  court  judge  in  such
  county.
    (l)  In  the  county  of Dutchess there shall be two additional family
  court judges and the number  of  such  judges  now  existing  is  hereby
  increased  accordingly.  The compensation of the additional family court
  judges shall be the same  as  the  compensation  paid  to  each  of  the
  existing  family  court  judges  in  such county pursuant to section two
  hundred twenty-one-e of the judiciary law.
    (m) In the county of Niagara there  shall  be  one  additional  family
  court  judge  and  the  number  of  such  judges  now existing is hereby
  increased accordingly. The compensation of the additional  family  court
  judge  shall  be  the  same  as  the existing family court judge in such
  county.
    (n) In the county of Ulster there shall be one additional family court
  judge and the number of such judges now  existing  is  hereby  increased
  accordingly. The compensation of the additional family court judge shall
  be the same as the existing family court judge in such county.
    (o) In the county of Oneida there shall be two additional family court
  judges  making  a total of three family court judges in such county. The
  number of such judges now existing in such county  is  hereby  increased
  accordingly.  The  compensation  of  the  additional family court judges
  shall be the same as the compensation of the existing family court judge
  in such county.
    (p) In the county of Suffolk there shall  be  four  additional  family
  court  judges  making a total of ten family court judges in such county.
  The number of  such  judges  now  existing  in  such  county  is  hereby
  increased  accordingly. The compensation of each such family court judge
  shall be the same as the compensation of existing family court judges in
  such county.
    (q) In the county of Rensselaer, there shall be one additional  family
  court  judge  and  the number of judges now existing is hereby increased
  accordingly. The compensation of the additional family court judge shall
  be the same as the existing family court judge in such county.
    (r) In the county of Orange there shall  be  three  additional  family
  court judges, making a total of four family court judges, and the number
  of  such  judges  now  existing  is  hereby  increased  accordingly. The
  compensation of each such additional family court  judge  shall  be  the
  same  as  the  compensation  paid  to  each of the existing family court
  judges in such county.
    (s) In the county of Broome there shall be a  total  of  three  family
  court  judges  and  the  number  of  such  judges now existing is hereby
  increased accordingly. The compensation of such additional family  court
  judge shall be the same as the compensation paid to each of the existing
  family court judges in such county.
    (t)  There shall be a separate office of judge of the family court for
  the county of Clinton and the compensation  payable  for  such  separate
  office  of  judge  of  the  family  court  shall  be  the  same  as  the
  compensation payable to the judge of the county court of Clinton county.
    (u) There shall be an additional family court judge for  each  of  the
  following   counties:  Albany,  Broome,  Chautauqua,  Franklin,  Nassau,
  Oneida,  Oswego,  Schenectady,  Suffolk,  Ulster  and  Westchester.  The
  compensation  of  each  such  additional family court judge shall be the
  same as the compensation paid to each existing family court judge in the
  county for which it is established or, if there is no separately-elected
  family court judge in such county, the same as the compensation paid  to
  a judge of the county court in such county.
    (v)  There  shall  be an additional family court judge for each of the
  following counties: Delaware, Dutchess, Erie, Monroe,  and  Warren.  The
  compensation  of  each  such  additional family court judge shall be the
  same as the compensation paid to each existing family court judge in the
  county for which it is established or, if there is no separately-elected
  family court judge in such county, the same as the compensation paid  to
  a judge of the county court in such county.

  S 132. Continuance  in  office.  The  special  county  judges of the
  counties of Broome, Chautauqua, Jefferson, Oneida and Rockland  and  the
  judges  of the children's courts in all counties outside the city of New
  York in office at midnight  on  August  thirty-first,  nineteen  hundred
  sixty-two,  shall be judges of the family court in and for the county in
  which they hold office for the remainder of the  terms  for  which  they
  were elected or appointed.

  S 133. Vacancies. When a vacancy occurs, otherwise than by expiration
  of term, in the office of judge of the family  court  in  a  county  not
  within the city of New York, the vacancy shall be filled for a full term
  at  the next general election held not less than three months after such
  vacancy occurs and, until the vacancy shall be so filled,  the  governor
  by and with the advice and consent of the senate, if the senate shall be
  in  session,  or, if the senate not be in session, the governor may fill
  such vacancy by an appointment which shall continue until and  including
  the  last  day  of December next after the election at which the vacancy
  shall be filled.

  S 134. Eligibility  for  office. No person, other than one who holds
  such office on the effective date of this act may serve in the office of
  judge of the family court unless he or she has been admitted to practice
  law in the state of New York for at least ten years as of the date he or
  she commences the duties of office.

  S 135. Term  of office. The term of office of a judge elected to the
  family court in a county outside the city of New York is ten years.

  S 137. County judge designated as family court judge. In each county
  referred  to  in  subdivisions  (b)  and  (c)  of  section  one  hundred
  thirty-one of this act in which there is more than one county judge, the
  appellate  division  of  the supreme court of the judicial department in
  which such  county  is  located  shall  designate  and  may  revoke  any
  designation  of,  one  or more of the county judges within the county to
  act as and discharge the duties of family court judge.

  S 138. Additional  compensation for designated judge. Any additional
  compensation  for  a  judge  designated  under   section   one   hundred
  thirty-seven to act and discharge the duties of family court judge shall
  be as provided by law.

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