114. Retired judges of the court of appeals. 1. Any judge of the court of appeals, retired pursuant to subdivision b of section twenty-five of article six of the constitution, may, upon his application, be certified by the administrative board for service as a justice of the supreme court upon findings (a) that he has the mental and physical capacity to perform the duties of such office and (b) that his services are necessary to expedite the business of the supreme court. A copy of such certificate shall be filed with the appellate division of the department in which such retired judge resides and in the office of court administration.
2. Any such certification shall be valid for a term of two years beginning on the date of filing the certificate. At the expiration of such term, the retired judge may be certified for additional terms of two years each by the administrative board upon findings of continued mental and physical capacity and need for his services. No retired judge may serve under any such certification beyond the last day of December in the year in which he reaches the age of seventy-six.
3. A retired judge so certified shall for all purposes, other than determining the number of justices in a judicial district for the purposes of subdivision d of section six of article six of the constitution and section one hundred forty-a of this chapter, but including powers, duties, salary, status and rights, be a justice of the supreme court in the district in which he resides when so certified. A retired judge shall be subject to assignment by the appellate division of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a judge who has not yet reached the age of seventy-six and who reached the age of seventy and retired as a judge of the court of appeals prior to the effective date of this section.
Last modified: February 3, 2019