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New York · Through 2026-09-11

N.Y. Const. art. VI, § 20: Judicial office, qualifications and restrictions

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Where this section sits in the code
  1. Constitution
  2. Article VI. Judiciary

§ 20. a. No person, other than one who holds such office at the

effective date of this article, may assume the office of judge of the

court of appeals, justice of the supreme court, or judge of the court of

claims unless he or she has been admitted to practice law in this state

at least ten years. No person, other than one who holds such office at

the effective date of this article, may assume the office of judge of

the county court, surrogate's court, family court, a court for the city

of New York established pursuant to section fifteen of this article,

district court or city court outside the city of New York unless he or

she has been admitted to practice law in this state at least five years

or such greater number of years as the legislature may determine.

b. A judge of the court of appeals, justice of the supreme court,

judge of the court of claims, judge of a county court, judge of the

surrogate's court, judge of the family court or judge of a court for the

city of New York established pursuant to section fifteen of this article

who is elected or appointed after the effective date of this article may

not:

(1) hold any other public office or trust except an office in relation

to the administration of the courts, member of a constitutional

convention or member of the armed forces of the United States or of the

state of New York in which latter event the legislature may enact such

legislation as it deems appropriate to provide for a temporary judge or

justice to serve during the period of the absence of such judge or

justice in the armed forces;

(2) be eligible to be a candidate for any public office other than

judicial office or member of a constitutional convention, unless he or

she resigns from judicial office; in the event a judge or justice does

not so resign from judicial office within ten days after his or her

acceptance of the nomination of such other office, his or her judicial

office shall become vacant and the vacancy shall be filled in the manner

provided in this article;

(3) hold any office or assume the duties or exercise the powers of any

office of any political organization or be a member of any governing or

executive agency thereof;

(4) engage in the practice of law, act as an arbitrator, referee or

compensated mediator in any action or proceeding or matter or engage in

the conduct of any other profession or business which interferes with

the performance of his or her judicial duties.

Judges and justices of the courts specified in this subdivision shall

also be subject to such rules of conduct as may be promulgated by the

chief administrator of the courts with the approval of the court of

appeals.

c. Qualifications for and restrictions upon the judges of district,

town, village or city courts outside the city of New York, other than

such qualifications and restrictions specifically set forth in

subdivision a of this section, shall be prescribed by the legislature,

provided, however, that the legislature shall require a course of

training and education to be completed by justices of town and village

courts selected after the effective date of this article who have not

been admitted to practice law in this state. Judges of such courts shall

also be subject to such rules of conduct not inconsistent with laws as

may be promulgated by the chief administrator of the courts with the

approval of the court of appeals.

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