Special Commission on the Future of the New York State Courts
Special Commission on the Future of the New York State Courts Special Commission on the Future of the New York State Courts
• County Court. County Courts are located in each county outside of New York City. These courts preside over all felony criminal prosecutions; they also have limited authority to hear lesser civil disputes, although this authority is not generally exercised. 8 County Court judges may not preside over family-related matters or major civil litigation unless they are “multi-hatted,” 9 or administratively assigned to Family Court. 10 Nor can they hear major civil matters unless they are administratively assigned to the Supreme Court. 11 County Court judges are elected to office for ten-year terms by the voters of the county in which the judgeship is established. 12 • Family Court. Family Courts are located in each county outside New York City; there is also a single, citywide family court within New York City. Family Courts preside over a wide array of family-related matters, including neglect, support and paternity cases, adoptions, guardianship and custody cases, and family offense cases. 13 However, Family Court judges do not have jurisdiction to hear matrimonial cases or family-related criminal matters, even if a case pertains to a family already before that judge in another context (e.g., domestic violence). Family Court judges are also unable to hear custody matters in the matrimonial context. While Family Court judges may issue orders of protection, conflicting or inconsistent orders involving the same family may 8 See id. § 11(a); see also N.Y. Crim. Proc. Law § 10.20 (McKinney’s 2004). The County Courts also serve as the appellate courts for the Town and Village Justice Courts and for the City Courts in the Third and Fourth Departments. See N.Y. CONST. art. VI, § 11(c). 9 Under the present Constitution and state statute, there are many counties that do not separately elect Family Court judges or Surrogates. See id. § 14. In those counties, the person elected County judge also sits as Family Court judge, Surrogate, or both as the case may be, in addition to being the County judge. Such a position is referred to as a “multi-hatted” judgeship. See id. 10 See id. § 26(c). 11 See id. 12 See id. § 10(a), (b). 13 See id. § 13(b), (c). 18 A Court System for the Future, February 2007
issue from the Supreme Court or a criminal court that is handling another aspect of the matter. Family Court judges within New York City are appointed for ten-year terms by the Mayor. 14 Family Court judges outside New York City are elected to office for ten-year terms by the voters of the county in which the judgeship is located. 15 • Surrogate’s Court. The Surrogate’s Courts are located in each county of the state and preside over all matters concerning the estates of decedents, in addition to adoptions, guardianships and related matters. 16 Surrogate’s Court judges cannot preside over any other types of matters, even if they relate to a decedent’s estate. Surrogate’s Court judges are elected to office for fourteen-year terms within New York City and ten-year terms outside New York City, in each case by the voters of the county. 17 • Court of Claims. These courts are located in several regional sites around the state. 18 They have exclusive authority over claims against the state or by the state against a claimant. 19 Judges sitting in the Court of Claims can only preside over claims against the state and cannot hear any other types of cases or claims. As a result, a case involving claims against the state and other parties must be heard in both the Court of Claims and another court as well, resulting in duplicative proceedings and possibly inconsistent liability judgments. 20 Court of Claims judges are appointed to office for nine-year terms by the Governor, with the advice and consent of the State Senate. 21 “The current hodge-podge may have made sense at some point during its evolution from colonial times, but not now.” – Order in the Courts, Newsday, March 26, 1997 14 See id. § 13(a). 15 See id. 16 See id. § 12(a), (d). 17 See id. § 12(c). 18 See id. § 9. 19 See N.Y. CONST. art. VI, § 9; see also N.Y. Jud. Law, Court of Claims Act art. 2 (McKinney’s 1989). 20 In addition, the state is unable to assert a defense or indemnification claim against a third-party because the third-party is not a “claimant” subject to Court of Claims counterclaim jurisdiction. 21 See N.Y. CONST. art. VI, § 9. A Court System for the Future, February 2007 19
- Page 1 and 2: ACOURT SYSTEM FOR THE FUTURE: THE P
- Page 3 and 4: ACKNOWLEDGEMENTS On July 17, 2006,
- Page 5 and 6: A. Vincent Buzard Partner, Harris B
- Page 7 and 8: Counsel to the Commission</
- Page 9 and 10: More fundamentally, the fragmented
- Page 11 and 12: “New York has the most complex an
- Page 13 and 14: “For 30 years, New York’s trial
- Page 15 and 16: — SECTION ONE — THE CURRENT STR
- Page 17: system grew exponentially. By the t
- Page 21 and 22: igation, family-related matters or
- Page 23 and 24: Article VI of the New York State Co
- Page 25 and 26: The Appellate Division was establis
- Page 27 and 28: CURRENT STRUCTURE Court of Appeals
- Page 29 and 30: state Constitution on November 4, 1
- Page 31 and 32: jurisdiction would become Superior
- Page 33 and 34: In short, when it comes to the stru
- Page 35 and 36: Given this reality, it is in the in
- Page 37 and 38: The following is the testimonial of
- Page 39 and 40: “Notwithstanding the results of t
- Page 41 and 42: for by HRA) because my welfare bene
- Page 43 and 44: husband told the judge that I was a
- Page 45 and 46: Costs to Individuals, Businesses, M
- Page 47 and 48: appear as witnesses), or to family
- Page 49 and 50: The Tweed Commission</stron
- Page 51 and 52: Court upstate as well as the transf
- Page 53 and 54: y the Legislature and were approved
- Page 55 and 56: proposed a concurrent resolution to
- Page 57 and 58: efforts), make the case for reform
- Page 59 and 60: Groups representing the indigent al
- Page 61 and 62: Commercial Division of the New York
- Page 63 and 64: safety and facilitate access to spe
- Page 65 and 66: Courts in Hempstead and Syracuse al
- Page 67 and 68: The details of our proposal are ref
issue from <strong>the</strong> Supreme Court or a criminal court that is<br />
handling ano<strong>the</strong>r aspect <strong>of</strong> <strong>the</strong> matter. Family Court<br />
judges within <strong>New</strong> <strong>York</strong> City are appointed for ten-year<br />
terms by <strong>the</strong> Mayor. 14 Family Court judges outside <strong>New</strong><br />
<strong>York</strong> City are elected to <strong>of</strong>fice for ten-year terms by <strong>the</strong><br />
voters <strong>of</strong> <strong>the</strong> county in which <strong>the</strong> judgeship is located. 15<br />
• Surrogate’s Court. The Surrogate’s <strong>Courts</strong> are located<br />
in each county <strong>of</strong> <strong>the</strong> state and preside over all matters<br />
c<strong>on</strong>cerning <strong>the</strong> estates <strong>of</strong> decedents, in additi<strong>on</strong> to adopti<strong>on</strong>s,<br />
guardianships and related matters. 16 Surrogate’s<br />
Court judges cannot preside over any o<strong>the</strong>r types <strong>of</strong> matters,<br />
even if <strong>the</strong>y relate to a decedent’s estate. Surrogate’s<br />
Court judges are elected to <strong>of</strong>fice for fourteen-year terms<br />
within <strong>New</strong> <strong>York</strong> City and ten-year terms outside <strong>New</strong><br />
<strong>York</strong> City, in each case by <strong>the</strong> voters <strong>of</strong> <strong>the</strong> county. 17<br />
• Court <strong>of</strong> Claims. These courts are located in several regi<strong>on</strong>al<br />
sites around <strong>the</strong> state. 18 They have exclusive authority<br />
over claims against <strong>the</strong> state or by <strong>the</strong> state against<br />
a claimant. 19 Judges sitting in <strong>the</strong> Court <strong>of</strong> Claims can<br />
<strong>on</strong>ly preside over claims against <strong>the</strong> state and cannot hear<br />
any o<strong>the</strong>r types <strong>of</strong> cases or claims. As a result, a case involving<br />
claims against <strong>the</strong> state and o<strong>the</strong>r parties must be<br />
heard in both <strong>the</strong> Court <strong>of</strong> Claims and ano<strong>the</strong>r court as<br />
well, resulting in duplicative proceedings and possibly<br />
inc<strong>on</strong>sistent liability judgments. 20 Court <strong>of</strong> Claims judges<br />
are appointed to <strong>of</strong>fice for nine-year terms by <strong>the</strong> Governor,<br />
with <strong>the</strong> advice and c<strong>on</strong>sent <strong>of</strong> <strong>the</strong> <strong>State</strong> Senate. 21<br />
“The current hodge-podge may<br />
have made sense at some point<br />
during its evoluti<strong>on</strong> from col<strong>on</strong>ial<br />
times, but not now.”<br />
– Order in <strong>the</strong> <strong>Courts</strong>,<br />
<strong>New</strong>sday, March 26,<br />
1997<br />
14<br />
See id. § 13(a).<br />
15<br />
See id.<br />
16<br />
See id. § 12(a), (d).<br />
17<br />
See id. § 12(c).<br />
18<br />
See id. § 9.<br />
19<br />
See N.Y. CONST. art. VI, § 9; see also N.Y. Jud. Law, Court <strong>of</strong> Claims<br />
Act art. 2 (McKinney’s 1989).<br />
20<br />
In additi<strong>on</strong>, <strong>the</strong> state is unable to assert a defense or indemnificati<strong>on</strong><br />
claim against a third-party because <strong>the</strong> third-party is not a “claimant” subject to<br />
Court <strong>of</strong> Claims counterclaim jurisdicti<strong>on</strong>.<br />
21<br />
See N.Y. CONST. art. VI, § 9.<br />
A Court System for <strong>the</strong> <strong>Future</strong>, February 2007 19
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