New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
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. Top of Page
Index | Article 1 |
Article 2 | Article 3 |
Article 4 | Article 5 |
Article 5A | Article 5B |
Article 6 | Article 7 |
Article 8 | Article 9 |
Article 10 | Article 10A |
Article 10B | Article 10C |
Article 11 | Article 12
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