Special Commission on the Future of the New York State Courts

— SECTION SIX —
OUR PROPOSAL FOR REFORM
This section of the Report sets out the details of our plan.
In broad strokes, we propose a consolidation of our state’s major
trial courts into a two-tier structure – namely, a statewide
Supreme Court and a series of regional District Courts. 141 We
also propose the lifting of the constitutional cap on Supreme
Court Justices, and the addition of a Fifth Department to the
Appellate Division. We believe that this proposal captures the
best elements of past proposals to restructure the courts, while
introducing new concepts based on our study of the current
system and the successful administrative initiatives that have
been introduced in recent years.
The benefits of our restructuring proposal are many.
Instead of having duplicate and inconsistent proceedings in several
different courts, all cases would be heard in either Supreme or
District Court. Victims of domestic violence and families in crisis
would have all of the issues relevant to their circumstances brought
before the same judge. Plaintiffs with claims against both the state
and private parties would bring their cases in a single court.
Appellate cases would be more evenly distributed among the
departments, and cases would proceed more quickly and receive
more attention from less burdened judges. In short, virtually all
litigants could be expected to save many hours of time and expense
in a streamlined system. Finally, the Legislature would be
permitted the flexibility to add additional Supreme Court Justices
as the population of the state continues to grow.
“Greater efficiencies achieved
through Court Restructuring
would return the focus back to
the administration of quality
justice, where it belongs.
Public confidence would be
restored to a system that has
long been viewed in the public
eye as insurmountable, and the
new, simplified structure would
promote public understanding
about how the court system
operates.”
– The Fund for Modern
Courts (2007)
141
We considered streamlining our court system even further by proposing
a one-tier system. Indeed, California initially consolidated its many trial courts
into a two-tier system, but later consolidated further into a single trial court. See
pp. 30-32, above. However, we believe there is a benefit in designating a superior
court to handle more complex matters, be they civil or criminal, while less substantial
matters would still be heard in a separate forum. A two-tier system strikes
a balance between the need to make our courts run more efficiently and the need
to ensure that minor civil or criminal matters do not unduly occupy the resources
of judges and court staff who are engaged in handling more complex commercial
disputes, felony criminal prosecutions, and the legal problems of families in crisis.
We do not foreclose the possibility, however, that future study of the functioning
of the newly merged system will reveal that further consolidation to a one-tier
system is appropriate.
A Court System for the Future, February 2007 67