Special Commission on the Future of the New York State Courts

— SECTION TWO —
THE HUMAN COST OF OUR ARCHAIC SYSTEM:
REAL PEOPLE, REAL PROBLEMS
Our inefficient court structure affects, in one way or
another, every individual, family, business and witness that
enters a state court building. In Section Three, below, we discuss
the statewide financial impact of this inefficiency. Putting aside
that analysis, however, this structure has serious consequences
on a very practical level for all who must rely on our state court
system. In this section of the Report, we highlight the impact on
two very distinct and different constituencies: business
organizations and families in crisis.
A Specific Example: The Business Community
To state the obvious, the vitality of New York State and
its citizens is directly dependent on the vitality of its business
community. New York businesses provide jobs, pay taxes and
are a principal engine of the state’s economic prosperity. It is
equally obvious that there is serious competition among New
York and other states to attract and retain business organizations
as taxpayers, employers and residents.
For better or worse, it is a fact of modern life that
businesses must use and rely on the courts to an enormous
degree. In New York State, a significant portion of the 3.7
million cases resolved each year involves a business organization
as a party. The volume and significance of these cases mean that,
to an ever-increasing degree, the attractiveness and efficiency of
the current system is a factor that affects a company’s decision as
to where to headquarter its business. 67
“New York’s antiquated and
convoluted court structure has
impacted the lives of thousands
of New Yorkers seeking justice
through the court system in
matrimonial matters, cases of
domestic violence and abuse,
business transactions, and
other proceedings that New
Yorkers regularly rely upon the
courts to adjudicate.”
– Citizens Union of the
City of New York,
January 2007
67
As a case in point, the Commercial Division of the Supreme Court has
received much praise and interest from the business community as an accessible
and efficient court skilled in the management of complex business disputes. See
Section Five infra.
A Court System for the Future, February 2007 35