New York State Consolidated Laws
Family Court Act
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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