Article VI, § 5 1 courts § 5. The Superior Court of the City of New York,16 the Certain city 2 Court of Common Pleas for the City and County of New abolished 3 York, the Superior Court of Buffalo, and the City Court of 4 Brooklyn, are abolished from and after the first day of Janu5 ary, one thousand eight hundred and ninety-six, and there6 upon the seals, records, papers and documents of or belonging 7 to such courts, shall be deposited in the offices of the Clerks of 8 the several counties in which said courts now exist; and all 9 actions and proceedings then pending in such courts shall be 10 transferred to the Supreme Court for hearing and determina11 tion. The Judges of said courts in office on the first day of 12 January, one thousand eight hundred and ninety-six, shall, 13 for the remainder of the terms for which they were elected 14 or appointed, be Justices of the Supreme Court; but they 15 shall sit only in the counties in which they were elected or 16 appointed. Their salaries shall be paid by the said counties 17 respectively, and shall be the same as the salaries of the other 18 Justices of the Supreme Court residing in the same counties. 19 Their successors shall be elected as Justices of the Supreme 20 Court by the electors of the judicial districts in which they 21 respectively reside. 22 The jurisdiction now exercised by the several courts hereby 23 abolished, shall be vested in the Supreme Court. Appeals 24 from inferior and local courts now heard in the Court of 25 Common Pleas for the City and County of New York and the 26 Superior Court of Buffalo, shall be heard in the Supreme 27 Court in such manner and by such Justice or Justices as the 28 Appellate Divisions in the respective departments which in29 clude New York and Buffalo shall direct, unless otherwise 30 provided by the Legislature. Source Judiciary Article 1869,17 Art. VI, § 12; amended in 1880;18 amended, 16 For references to the former New York city court, see Supplemental Notes following Article XV, post, under the title Courts. 17 See footnote no. 3, to Art. VI, § 1, ante. 18 For text of the constitutional amendment of 1880, see Lincoln's Constitutional History, I: 316–317. Circuit courts and courts of oyer and terminer abolished Article VI, § 6 Lincoln's Constitutional History For court decisions relating to this section or the subject-matter thereof, see IV :240, 538, 544. For a history of the court of common pleas, the superior courts of New York and Buffalo, and the city court of Brooklyn, see II: 274-279. References to constitutional conventions and commissions. 1867. Superior courts and court of common pleas, II:274-279. 1890. Superior courts abolished, II:707-710, 724–725. 1894. Superior courts abolished, III:362–364. Debates of constitutional conventions 1867. IV:2437-2438, 2547-2551, 2661–2665. 1894. II:890-892 (III:1108); II:967-978 (III:1150-1156). Texts of proposed amendments 1 2 3 4 In the constitutional convention of 1894: see Proposed Constitutional § 6. Circuit Courts and Courts of Cyer and Terminer are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All their jurisdiction shall thereupon be vested in the Supreme Court, and all 5 actions and proceedings then pending in such courts shall be 6 transferred to the Supreme Court for hearing and determina7 tion. Any Justice of the Supreme Court, except as otherwise 8 provided in this article, may hold court in any county. Source Const. 1894, Art. VI, § 6. Lincoln's Constitutional History For court decisions construing this section, see IV:545. For historical comment upon the circuit system in this state, see II: 264-265. References to constitutional conventions. 1821. Oyer and terminer, I:677-678; circuit courts, I:681, 688. 1894. Courts abolished, III:369. Debates of constitutional conventions 1821. Circuit courts, organization, 604-621 (Nov. 2-3); legislative control, 520-522 (Oct. 23). 1894. Courts abolished, II:900-901 (III:1112-1113); II:978 (III: 1156). Texts of proposed amendments In the legislature, 1895-1914: see Part II, post, pp. 126-127. 19 This overture was adopted by the convention and accordingly became a part of the Constitution. 1 6 Article VI, § 7 appeals; terms, etc. clerk, etc. of supreme tices to serve as associate § 7. The court of appeals is continued.20 It shall consist court of 2 of the chief judge and associate judges now in office, who judges, 3 shall hold their offices until the expiration of their respective quorum, 4 terms, and their successors, who shall be chosen by the 5 electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and in7 cluding the first day of January next after their election. 8 Five members of the court shall form a quorum, and the con9 currence of four shall be necessary to a decision. The court Reporter, 10 shall have power to appoint and to remove its reporter,21 11 clerk and attendants. Whenever and as often as a ma- Designation 12 jority of the judges of the court of appeals shall certify to court jus13 the governor that said court is unable, by reason of the 14 accumulation of causes pending therein, to hear and dispose judges 15 of the same with reasonable speed, the governor shall desig16 nate not more than four justices of the supreme court to 17 serve as associate judges of the court of appeals. The justices 18 so designated shall be relieved from their duties as justices 19 of the supreme court and shall serve as associate judges 20 of the court of appeals until the causes undisposed of in said 21 court are reduced to two hundred, when they shall return to 22 the supreme court. The governor may designate justices of 23 the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while hold25 ing the office of justice of the supreme court, and no more 26 than seven judges shall sit in any case. 24 Source Const. 1846, Art. VI, § 2; amended, Judiciary Article, 1869,22 Art. 20 For references to the former commission of appeals, see Supplemental Notes following Article XV, post, under the title Courts. 21 For suggestions in regard to a council of law reporting, see Supplemental Notes following Article XV, post, under the title Courts. 22 See footnote no. 3, to Art. VI, 1, ante. 23 For legislative history of this amendment and action of people thereon, see Part II, post, p. 128. 24 For texts of the constitutional amendments of 1872 and 1888, see Lincoln's Constitutional History, I: 318, 315. Vacancies in court of appeals Article VI, § 8 Lincoln's Constitutional History For comment on the dissatisfaction felt in 1846 with the court for the correction of errors, which led to the creation of the court of appeals, see II:145-146. For the evolution of the court of appeals from 1847 to 1867, see II:227-229; from 1867 to 1894, see III: 341-342. See also, II:284-285. References to constitutional conventions and commissions. 1846. II:146–150. 1867. II:249-262, 284-285. 1890. II:686691, 722. 1894. 341-352, 373. Debates of constitutional conventions 1846. Organization, 558-559 (Aug. 10); election of judges, 751-763 (Aug. 25-26); clerk, 821-822 (Sept. 8). 1867. Organization, IV:2635-2644; sessions, III:2165-2167; judges, tenure of office, III:2164-2228, 2281-2303, 2359; IV :2404, 2547; V: 3726-3727; number of judges, III:2167-2181; IV:2450-2452; V: 3706-3707; election of judges, III:2200-2203; quorum, III:24042407; chief judge, how chosen, III:2190-2197. 1894. Number of judges, II:979-1028 (III:1156–1183); II:10291057 (III:1185–1200); II:1060-1087 (III:1203-1217); quorum, II:902-903 (III:1113); II:986-988 (III:1159–1161); organization, division, II:893–900 (III:1109-1112); V:559–566 (V:2275– 2279); court of criminal appeals, I:734–738 (1:384–386). Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 19, 33, 42, 268 (Int. 266), 311 (Int. 305), 336 (Int. 328), 422 (Int. 383).25 In the legislature, 1895-1914: see Part II, post, pp. 128-132. § 8. When a vacancy shall occur otherwise than by expiration of term, in the office of Chief or Associate Judge of the 3 Court of Appeals, the same shall be filled, for a full term, 4 at the next general election happening not less than three 5 months after such vacancy occurs; and until the vacancy 6 shall be so filled, the Governor, by and with the advice and 7 consent of the Senate, if the Senate shall be in session, or if 8 not in session the Governor may fill such vacancy by appoint9 ment. If any such appointment of Chief Judge shall be 10 made from among the Associate Judges, a temporary appoint11 ment of Associate Judge shall be made in like manner; but 12 in such case, the person appointed Chief Judge shall not be 13 deemed to vacate his office of Associate Judge any longer 14 than until the expiration of his appointment as Chief Judge. 25 This amendment was adopted by the convention and accordingly became a part of the Constitution. Article VI, § 9 15 The powers and jurisdiction of the court shall not be 16 suspended for want of appointment or election, when the 17 number of Judges is sufficient to constitute a quorum. All 18 appointments under this section shall continue until and 19 including the last day of December next after the election 20 at which the vacancy shall be filled. Source Const. 1846, Art. VI, § 13; amended, Judiciary Article, 1869,26 Art. Lincoln's Constitutional History References to constitutional conventions. 1867. Vacancies, II:260. Debates of constitutional conventions 1867. Vacancies, IV:2544-2547, 2652-2654; V:3727. 1894. Vacancies, II:1088 (III:1217). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, p. 133. of court of § 9. After the last day of December, one thousand eight Jurisdiction 2 hundred and ninety-five, the jurisdiction of the Court of appeals 3 Appeals, except where the judgment is of death, shall be 4 limited to the review of questions of law. No unanimous 5 decision of the Appellate Division of the Supreme Court 6 that there is evidence supporting or tending to sustain a 7 finding of fact or a verdict not directed by the court, shall 8 be reviewed by the Court of Appeals. Except where the 9 judgment is of death, appeals may be taken, as of right, to 10 said court only from judgments or orders entered upon 11 decisions of the Appellate Division of the Supreme Court, 12 finally determining actions or special proceedings, and from 13 orders granting new trials on exceptions, where the appellants 14 stipulate that upon affirmance judgment absolute shall be 15 rendered against them. The Appellate Division in any 16 department may however, allow an appeal upon any question 17 of law which, in its opinion, ought to be reviewed by the 18 Court of Appeals. 26 See footnote no. 3, to Art. VI, § 1, ante. 27 This overture was adopted by the convention and accordingly became a part of the Constitution. |