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
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
efforts), make the case for reform more compelling than it ever was before. The Overwhelming Calls for Reform Restructuring would create a court system that “would be flexible, nimble, and readily able to allocate cases to underutilized courts. It would save litigants time and resources, and would greatly ease the pressure on overwhelmed courts.” – Association of Judges of the Family Court of the State of New York, January 2007 In addition to the various commissions, panels, and other bodies that have studied New York’s court system over the past decades, numerous business, political, legal, civic, goodgovernment, and other organizations have voiced their support for court reform. Collectively, these groups have delivered a remarkably clear and consistent message: New York’s court system is outdated, inefficient, and badly in need of change. The consensus behind this message reflects a broad collection of organizations from across the political, geographic, and economic spectrum. This group is not exclusively urban or rural, upstate or downstate, Democrat or Republican. Rather, it spans the ideological compass, composed of varied bodies representing wide-ranging interests. In the past decade alone, more than fifty such groups have taken a public stance in favor of restructuring, joining an already-broad and diverse statewide coalition. 114 114 See Press Release, N.Y. State Office of Court Admin., Court Restructuring Proposal Prompts Broad Display of Support (May 12, 1998) (listing the following organizations: American Academy of Matrimonial Lawyers, New York Chapter; American Jewish Congress; Association for Children for Enforcement of Support; Association of Judges of Hispanic Heritage; Association of Judges of the Family Court of New York State; The Association of the Bar of the City of New York; Buffalo Area Metropolitan Ministries; Business Council of New York State, Inc.; Catholic Charities of Schenectady County; Center for Law & Justice, Inc.; Child Care Council of Suffolk; The Children’s Aid Society; Citizens Committee for Children; Citizens Union; The City Club of New York; Committee for Modern Courts, Inc.; Commercial Lawyers Conference, Inc.; Correctional Association of New York; Franklin H. Williams
- Page 5 and 6: A. Vincent Buzard Partner, Harris B
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efforts), make <strong>the</strong> case for reform more compelling than it ever<br />
was before.<br />
The Overwhelming Calls for Reform<br />
Restructuring would create a<br />
court system that “would be<br />
flexible, nimble, and readily<br />
able to allocate cases to underutilized<br />
courts. It would save<br />
litigants time and resources,<br />
and would greatly ease <strong>the</strong><br />
pressure <strong>on</strong> overwhelmed<br />
courts.”<br />
– Associati<strong>on</strong> <strong>of</strong> Judges<br />
<strong>of</strong> <strong>the</strong> Family Court <strong>of</strong><br />
<strong>the</strong> <strong>State</strong> <strong>of</strong> <strong>New</strong> <strong>York</strong>,<br />
January 2007<br />
In additi<strong>on</strong> to <strong>the</strong> various commissi<strong>on</strong>s, panels, and o<strong>the</strong>r<br />
bodies that have studied <strong>New</strong> <strong>York</strong>’s court system over <strong>the</strong> past<br />
decades, numerous business, political, legal, civic, goodgovernment,<br />
and o<strong>the</strong>r organizati<strong>on</strong>s have voiced <strong>the</strong>ir support<br />
for court reform. Collectively, <strong>the</strong>se groups have delivered a<br />
remarkably clear and c<strong>on</strong>sistent message: <strong>New</strong> <strong>York</strong>’s court<br />
system is outdated, inefficient, and badly in need <strong>of</strong> change.<br />
The c<strong>on</strong>sensus behind this message reflects a broad<br />
collecti<strong>on</strong> <strong>of</strong> organizati<strong>on</strong>s from across <strong>the</strong> political, geographic,<br />
and ec<strong>on</strong>omic spectrum. This group is not exclusively urban or<br />
rural, upstate or downstate, Democrat or Republican. Ra<strong>the</strong>r, it<br />
spans <strong>the</strong> ideological compass, composed <strong>of</strong> varied bodies<br />
representing wide-ranging interests. In <strong>the</strong> past decade al<strong>on</strong>e,<br />
more than fifty such groups have taken a public stance in favor<br />
<strong>of</strong> restructuring, joining an already-broad and diverse statewide<br />
coaliti<strong>on</strong>. 114<br />
114<br />
See Press Release, N.Y. <strong>State</strong> Office <strong>of</strong> Court Admin., Court Restructuring<br />
Proposal Prompts Broad Display <strong>of</strong> Support (May 12, 1998) (listing <strong>the</strong><br />
following organizati<strong>on</strong>s: American Academy <strong>of</strong> Matrim<strong>on</strong>ial Lawyers, <strong>New</strong> <strong>York</strong><br />
Chapter; American Jewish C<strong>on</strong>gress; Associati<strong>on</strong> for Children for Enforcement <strong>of</strong><br />
Support; Associati<strong>on</strong> <strong>of</strong> Judges <strong>of</strong> Hispanic Heritage; Associati<strong>on</strong> <strong>of</strong> Judges <strong>of</strong> <strong>the</strong><br />
Family Court <strong>of</strong> <strong>New</strong> <strong>York</strong> <strong>State</strong>; The Associati<strong>on</strong> <strong>of</strong> <strong>the</strong> Bar <strong>of</strong> <strong>the</strong> City <strong>of</strong> <strong>New</strong><br />
<strong>York</strong>; Buffalo Area Metropolitan Ministries; Business Council <strong>of</strong> <strong>New</strong> <strong>York</strong> <strong>State</strong>,<br />
Inc.; Catholic Charities <strong>of</strong> Schenectady County; Center for Law & Justice, Inc.;<br />
Child Care Council <strong>of</strong> Suffolk; The Children’s Aid Society; Citizens Committee<br />
for Children; Citizens Uni<strong>on</strong>; The City Club <strong>of</strong> <strong>New</strong> <strong>York</strong>; Committee for<br />
Modern <strong>Courts</strong>, Inc.; Commercial Lawyers C<strong>on</strong>ference, Inc.; Correcti<strong>on</strong>al Associati<strong>on</strong><br />
<strong>of</strong> <strong>New</strong> <strong>York</strong>; Franklin H. Williams <str<strong>on</strong>g>Commissi<strong>on</strong></str<strong>on</strong>g> <strong>on</strong> Minorities; Graham-<br />
Windham Services to Families and Children; Guild <strong>of</strong> Catholic Lawyers, Inc.;<br />
Inter-Faith Impact; Jewish Board <strong>of</strong> Family and Children’s Services; Judicial<br />
Process <str<strong>on</strong>g>Commissi<strong>on</strong></str<strong>on</strong>g>; Law, Order and Justice Center; League <strong>of</strong> Women Voters <strong>of</strong><br />
<strong>New</strong> <strong>York</strong> <strong>State</strong>; Legal Aid Society; The March 19th Coaliti<strong>on</strong>; Nati<strong>on</strong>al Committee<br />
to Prevent Child Abuse – <strong>New</strong> <strong>York</strong> <strong>State</strong>; Nor<strong>the</strong>ast Parent and Child Society;<br />
<strong>New</strong> <strong>York</strong> Society for <strong>the</strong> Preventi<strong>on</strong> <strong>of</strong> Cruelty to Children; <strong>New</strong> <strong>York</strong> City<br />
Partnership and Chamber <strong>of</strong> Commerce; <strong>New</strong> <strong>York</strong> <strong>State</strong> Associati<strong>on</strong> <strong>of</strong> City Court<br />
Judges; <strong>New</strong> <strong>York</strong> <strong>State</strong> Associati<strong>on</strong> <strong>of</strong> Court <strong>of</strong> Claims Judges; <strong>New</strong> <strong>York</strong> <strong>State</strong><br />
Community <strong>of</strong> Churches; <strong>New</strong> <strong>York</strong> <strong>State</strong> Court Appointed <str<strong>on</strong>g>Special</str<strong>on</strong>g> Advocates Associati<strong>on</strong>,<br />
Inc.; <strong>New</strong> <strong>York</strong> <strong>State</strong> Judicial Committee <strong>on</strong> Women in <strong>the</strong> <strong>Courts</strong>; <strong>New</strong><br />
<strong>York</strong> Urban League; People for <strong>the</strong> American Way; Rockland County Bar Associati<strong>on</strong>,<br />
Inc.; Schenectady Inner City Ministry; <strong>State</strong> Communities Aid Associati<strong>on</strong>;<br />
<strong>State</strong>wide Youth Advocacy; Supreme and County Court Clerks Associati<strong>on</strong>;<br />
Troy Area United Ministries; United Jewish Federati<strong>on</strong> <strong>of</strong> Nor<strong>the</strong>astern NY; Victim<br />
Services Agency; Women’s Bar Associati<strong>on</strong> <strong>of</strong> <strong>the</strong> <strong>State</strong> <strong>of</strong> <strong>New</strong> <strong>York</strong>;<br />
Women’s Pris<strong>on</strong> Associati<strong>on</strong>; and YWCA <strong>of</strong> Schenectady).<br />
58<br />
A Court System for <strong>the</strong> <strong>Future</strong>, February 2007