Special Commission on the Future of the New York State Courts

limited restructuring of the trial courts in addition to $40 million
in increased funding for civil legal services, increases to the
statewide assigned counsel rates, and new screening procedures
for judicial appointees. 110 A series of joint public hearings was
held around the state by the Senate and Assembly between
October 1997 and January 1998. 111 The 1998 legislative session
closed on June 18, 1998, however, without a vote in either
chamber on the proposed concurrent resolutions. 112
According to contemporaneous news coverage, the
Legislature failed to act despite the fact that Chief Judge Kaye’s
proposals had enjoyed support from “dozens of good government
groups and editorial writers across the state, as well as Gov.
George Pataki, Attorney General Dennis Vacco and key members
of the Senate. Additionally, the Assembly issued a news release
. . . in which it endorsed most of Kaye’s proposals.” 113
Finally, in 2002, Chief Judge Kaye announced a modified
version of her 1997 court reform proposal. The 2002 proposal
incorporated all of the provisions of the 1997 proposal but did
not provide for the merger of the Surrogate’s Court into the
Supreme Court. In addition, the plan provided for mandatory
transfer to the Supreme Court of most criminal actions or
proceedings involving domestic violence or other family
offenses. No legislative action was taken on the 2002 version of
the Chief Judge’s plan.
* * * *
In short, the historical record is littered with failed
proposals for court reform. As we see it, however, the human
and financial costs that are being borne by our state and its
people, as well as the successes that have now been achieved in
other states (states which, too, had a long history of unsuccessful
110
See N.Y. ASSEMBLY JUDICIARY COMM., JUDICIAL REFORM, INTEGRITY
AND ACCESS TO JUSTICE ACT 5-7 (1997).
111
See John Caher, Momentum Builds for Court Reform, ALBANY TIMES
UNION, Sept. 23, 1997, at A1.
112
See Richard Perez-Peña, The Highlights: Most Major Issues Are Left
Unresolved, N.Y. TIMES, June 19, 1998, at B5.
113
See John Caher, Kaye Upbeat on Prospects for Reform of State
Courts, ALBANY TIMES UNION, June 23, 1998, at B2.
A Court System for the Future, February 2007 57