Article VI, § 6

determination. The judges of said court elected thereto or in office on the first day of January, nineteen hundred and twelve shall, for the remainder of the term for which they were elected or appointed, be justices of the supreme court. Their salaries shall be paid by the county of New York and shall be the same as the salaries of the other justices of the supreme court residing in the county of New York. Their successors shall be elected as justices of the supreme court by the electors of the judicial district in which they reside. The jurisdiction now exercised by the city court of New York hereby abolished shall be vested in the supreme court.

1910. S. No. 95 (Int. 95).

S. J. 39, 1717.

§ 6. Circuit Courts and Courts of Oyer 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 actions and proceedings then pending in such courts shall be transferred to the Supreme Court for hearing and determination. Any Justice of the Supreme Court, except as otherwise provided in this article, may hold court in any county.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Trial commissioners

§ 6. (Proposal to add the following:) Whenever and as often as the causes upon the trial term calendar of any county of this state, having a population according to the latest state enumeration of over five hundred thousand, shall have so accumulated that an unpreferred cause cannot be reached for trial in due course within one year after it has been placed upon the calendar, the appellate division of the department in which such county is embraced may, by a certificate signed by a majority of its members, certify the fact to the court of appeals, whereupon said court may by order authorize the appointment in said county of trial commissioners, stating in said order the number of commissioners to be appointed, and their terms of office, not exceeding six years. Such order shall be made in duplicate and one copy thereof filed in the office of the secretary of state, and one in the office of the clerk of the county in which said appointments are authorized.

Article VI, § 7

The appellate division of the department embracing said county shall thereupon appoint the number of trial commissioners authorized by said order, who must possess the qualifications required for a justice of the supreme court. They shall possess and exercise in the county for which they are appointed all the powers of a justice of the supreme court respecting the trial and disposition of causes upon said trial term calendar and the settlement of cases on appeal, but shall possess none of the powers of such a justice out of court or at special term. They may be removed in the same manner as is provided in case of a justice of said supreme court. They shall each receive an annual salary of twelve thousand dollars to be paid by the county for which they are appointed, and may not practice law.

1904. S. No. 775 (Int. 574). To Sec. of State.

2. Designation of supreme court commissioners to hold trial terms

§ 6. (Proposal to add the following:) In any department in which supreme court commissioners have been appointed, the justices of the appellate division of the department, or a majority of them, are authorized from time to time to designate one or more of such supreme court commissioners to hold trial terms of the supreme court within such department and to revoke such designation. A supreme court commissioner so designated shall have power to hold a trial term of the supreme court within said department and to perform the duties of a justice of the supreme court in the trial term to which he may be assigned.

1904. S. No. 1307 (Int. 937). To Sec. of State.

S. J. 1146, 1357, 1478, 1558, 1707.

§ 7. The Court of Appeals is continued. It shall consist of the Chief Judge and Associate Judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the State. The official terms of the Chief Judge and Associate Judges shall be fourteen years from and including the first day of January

Article VI, 7

next after their election. Five members of the court shall form a quorum and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants.

AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED

§ 7. The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the court of appeals shall certify to the governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the governor shall designate not more than four justices of the supreme court to serve as associate judges of the court of appeals. The justices so designated shall be relieved from their duties as justices of the supreme court and shall serve as associate judges of the court of appeals until the causes undisposed of in said court are reduced to two hundred, when they shall return to the supreme court. The governor may designate justices of the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while holding the office of justice of the supreme court, and no more than seven judges shall sit in any case.

1898. S. No. 1024 (Int. 555). To Sec. of State. S. J. 392, 783. 1006, 1098, 1134, 1444.

A. J. 2537, 2599, 2604, 2654.

1899. S. No. 301 (Int. 294). To Sec. of State. S. J. 148, 1074. 1118, 1150, 1182, 1935. A. J. 2358, 3313, 3318, 3360.

Adopted Nov. 7. 1899.

Vote: for, 279,469; against, 132,064.

Article VI, § 7

AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED

1. Additional judges for court of appeals — salaries

§ 7. (Proposal to add the following:) There shall be elected at the next general election to be held after the adoption of this amendment, and thereafter as vacancies may occur, two additional associate judges of the court of appeals, of the judges of which court not more than seven shall sit on the hearing of any appeal, except that the court may, in its discretion, direct a reargument to be had before the entire court. Upon the entry of the judges so elected upon their respective offices the existing provision for designating justices of the supreme court as associate judges of the court of appeals shall cease and determine. The salary of the associate judges of the court of appeals shall be the sum of fifteen thousand dollars a year, and that of the chief judge the sum of fifteen thousand dollars a year, and that of the chief judge the sum of fifteen thousand five hundred dollars a year, which salary shall be in lieu of and shall exclude all other compensation and allowances for expenses of every nature and kind whatever.

1906. S. No. 1368 (Int. 984). To A.

S. J. 1294, 1534, 1596, 1734, 1776, 1822.

A. J. 3015.

1907. A. No. 2295 (Int. 1670). To Sec. of State.

A. J. 1981, 3268, 3273, 3305, 3327, 3332, 4055.

S. J. 1802, 2092, 2228.

1909. A. No. 782 (Int. 751). To S. Amended, S. No. 998. To Sec. of State.

A. J. 432, 506, 546, 557, 574, 1424, 1493.

S. J. 355, 573, 605, 606, 732, 737, 784.

Rejected Nov. 8, 1910.

Vote: for, 332,300; against, 332,592.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Second division of court of appeals to relieve calendar

§ 7. (Proposal to add the following:) Whenever, and as often as, there shall be such an accumulation of causes on the calendar of the court of appeals that the public interests require a more speedy disposition thereof, the said court may certify such fact to the governor, who shall thereupon designate seven persons to act as associate judges, for the time being, of the court of appeals, and to form a second division of said court, and who shall act as such until all the causes upon the calendar of the court of appeals are determined, or the judges of said court, elected as such, shall certify to the governor that said causes are substantially disposed

Article VI, § 7

of, and when said causes are thus determined, or upon receiving such certificate, the governor shall declare said second division dissolved, and the designation of persons to serve thereon shall thereupon expire and cease. The second division of said court hereby authorized to be constituted shall have power and be competent to determine any causes in the court of appeals which may be assigned to such division by the court composed of persons elected to serve in said court, and said last named court may, at any time before judgment, direct any of the causes so assigned to be restored to its own calendar for hearing and decision. The rules of practice in both divisions shall be the same. Five members of the court shall be sufficient to form a quorum for said second division, and the concurrence of four shall be necessary to a decision. The persons composing said second division shall appoint from their number a chief judge of such division. In case any justice of the supreme court shall be appointed to serve on such division, the governor may, from time to time, when in his judgment the public interests may require, change the designation of any such justice to serve in such division, and he may fill any vacancy occurring in such division by designating a person to fill the same. No justice of the supreme court shall exercise any of the functions of a justice of the supreme court, nor receive any salary or compensation as such justice during the time he shall be designated to act in such division. During such term of service in said second division, any person so designated shall receive the same compensation as the associate judges of the court of appeals, elected as such. Said second division may appoint and remove a crier and such attendants as may be necessary, and shall have power to appoint the times and places of their sessions. The clerk and reporter of the court of appeals shall be the clerk and reporter of said second division.

1898. S. No. 635 (Int. 346).

S. J. 179, 373, 437, 483.

2. Commencement of term of court of appeals judges

87. The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January of the odd