Art. VI, § 23

Removal of certain judges and justices, by legislature; by senate on recommendation of governor

Power The Courts Art. VI · Judiciary

Official text rightpowerlimitif conditionlegal term

a. Judges of the court of appeals and justices of the supreme court may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.

b. Judges of the court of claims, the county court, the surrogate's court, the family court, the courts for the city of New York established pursuant to section fifteen of this article, the district court and such other courts as the legislature may determine may be removed by the senate, on the recommendation of the governor, if two-thirds of all the members elected to the senate concur therein.

c. No judge or justice shall be removed by virtue of this section except for cause, which shall be entered on the journals, nor unless he or she shall have been served with a statement of the cause alleged, and shall have had an opportunity to be heard. On the question of removal, the yeas and nays shall be entered on the journal.

Simplified explanation

Judges of the court of appeals and supreme court justices may be removed by a two-thirds vote of both houses; judges of other listed courts by a two-thirds senate vote on the governor's recommendation. Removal requires cause entered on the journals, a statement of the cause, and an opportunity to be heard.