Section 103. Judges  


Latest version.
  • (a)  In  each  judicial district there shall be elected such number of
      judges as may be provided by law.
        (b) The judges of the court shall be elected for a term of  six  years
      from and including the first day of January following such election.
        (c)  No  person, other than one who holds such office when this act is
      made applicable in the court, may serve in the office of  judge  of  the
      court  unless he or she is a resident elector of the district from which
      he or she has been elected and has been admitted to practice law in this
      state for at least five years as of the date he  or  she  commences  the
      duties of office.
        (d) A judge of the court may not:
        1.  hold  any  other  public  office  or  trust  except  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
      resigns  his  judicial office; in the event that a judge or justice does
      not so resign his judicial office within ten days after  his  acceptance
      of the nomination of such other office, his judicial office shall become
      vacant and the vacancy shall be filled in the manner provided by law;
        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 judicial duties.
        (e) The appellate division of the supreme court may remove a judge  of
      the  district  court  for  cause  or retire him for disability after due
      notice and hearing, under such procedures as may be established by law.
        (f) A vacancy in the office of  judge,  occurring  otherwise  than  by
      expiration  of term, shall be filled for a full term of six years at the
      next general election held not less than three months after such vacancy
      occurs; and until the  vacancy  shall  be  so  filled,  the  supervisors
      elected  in  the  towns  and cities comprising the county district court
      system, or if the county has a county executive, said  county  executive
      subject  to  confirmation  by  the  supervisors elected in the towns and
      cities comprising the  county  district  court  system,  may  fill  such
      vacancy  by  an appointment which shall continue until and including the
      last day of December next  after  the  general  election  at  which  the
      vacancy  shall  be  filled.  In such case the person appointed must be a
      resident in the district from which such office is required by this  act
      to be filled by election.