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

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District Court. Upon the merger of the lower trial courts (the sixty-one upstate City Courts, the New York City Criminal Court, the New York City Civil Court and the two District Courts on Long Island) into a single, statewide District Court, the acts currently governing all of these separate lower courts would need to be reconciled. This would likely require a repeal of certain of these Acts, such as the New York City Civil Court Act, the New York City Criminal Court Act, the Uniform District Court Act and the Uniform City Court Acts and the implementation of a coherent procedural code for the new, statewide District Court. Likewise, the Uniform Rules for each of the current local courts would need to be redrawn. * * * * This is by no means a comprehensive accounting of the procedural codes that will need to be amended, and obviously this section does not attempt to identify all of the individual code provisions that will need modification. The ong>Commissionong> recognizes that these considerable tasks must be pursued carefully in the near future. Given that consideration of these issues is underway, however, and given the substantial lead time that will exist between the initial passage of the Constitutional Amendment and a statewide referendum, the ong>Commissionong> has every confidence that there will be sufficient time to complete this undertaking. A streamlining of the procedural codes, where appropriate, will enhance the broader goal of efficiency that will result from a restructuring of the courts. * * * * The diagrams on the following page compare the current and proposed trial and appellate court structures of the New York State Court System for both criminal and civil matters. A Court System for the Future, February 2007 87

CURRENT STRUCTURE Court of Appeals Appellate Divisions of of the Supreme Court (Four Departments) civil criminal Appellate Terms of of the Supreme Court (First and Second Departments) Court of of Claims Surrogate’s Court Supreme Court Family Court County Court City City Court District Court NYC NYC Civil Civil Court NYC NYC Criminal Court PROPOSED STRUCTURE Court of Appeals Appellate Divisions of of the Supreme Court (Five Departments) civil criminal Appellate Terms of of the Supreme Court (First and Second Departments) Supreme Court District Court Note: Town and Village Courts and direct appeals excluded; in the Third and Fourth Departments, criminal appeals from the City Court proceed to the County Court and can be further appealed to the Court of Appeals. 88 A Court System for the Future, February 2007

District Court. Up<strong>on</strong> <strong>the</strong> merger <strong>of</strong> <strong>the</strong> lower trial courts<br />

(<strong>the</strong> sixty-<strong>on</strong>e upstate City <strong>Courts</strong>, <strong>the</strong> <strong>New</strong> <strong>York</strong> City Criminal<br />

Court, <strong>the</strong> <strong>New</strong> <strong>York</strong> City Civil Court and <strong>the</strong> two District <strong>Courts</strong><br />

<strong>on</strong> L<strong>on</strong>g Island) into a single, statewide District Court, <strong>the</strong> acts<br />

currently governing all <strong>of</strong> <strong>the</strong>se separate lower courts would need<br />

to be rec<strong>on</strong>ciled. This would likely require a repeal <strong>of</strong> certain <strong>of</strong><br />

<strong>the</strong>se Acts, such as <strong>the</strong> <strong>New</strong> <strong>York</strong> City Civil Court Act, <strong>the</strong> <strong>New</strong><br />

<strong>York</strong> City Criminal Court Act, <strong>the</strong> Uniform District Court Act<br />

and <strong>the</strong> Uniform City Court Acts and <strong>the</strong> implementati<strong>on</strong> <strong>of</strong> a<br />

coherent procedural code for <strong>the</strong> new, statewide District Court.<br />

Likewise, <strong>the</strong> Uniform Rules for each <strong>of</strong> <strong>the</strong> current local courts<br />

would need to be redrawn.<br />

* * * *<br />

This is by no means a comprehensive accounting <strong>of</strong> <strong>the</strong><br />

procedural codes that will need to be amended, and obviously<br />

this secti<strong>on</strong> does not attempt to identify all <strong>of</strong> <strong>the</strong> individual code<br />

provisi<strong>on</strong>s that will need modificati<strong>on</strong>. The <str<strong>on</strong>g>Commissi<strong>on</strong></str<strong>on</strong>g><br />

recognizes that <strong>the</strong>se c<strong>on</strong>siderable tasks must be pursued<br />

carefully in <strong>the</strong> near future. Given that c<strong>on</strong>siderati<strong>on</strong> <strong>of</strong> <strong>the</strong>se<br />

issues is underway, however, and given <strong>the</strong> substantial lead time<br />

that will exist between <strong>the</strong> initial passage <strong>of</strong> <strong>the</strong> C<strong>on</strong>stituti<strong>on</strong>al<br />

Amendment and a statewide referendum, <strong>the</strong> <str<strong>on</strong>g>Commissi<strong>on</strong></str<strong>on</strong>g> has<br />

every c<strong>on</strong>fidence that <strong>the</strong>re will be sufficient time to complete<br />

this undertaking. A streamlining <strong>of</strong> <strong>the</strong> procedural codes, where<br />

appropriate, will enhance <strong>the</strong> broader goal <strong>of</strong> efficiency that will<br />

result from a restructuring <strong>of</strong> <strong>the</strong> courts.<br />

* * * *<br />

The diagrams <strong>on</strong> <strong>the</strong> following page compare <strong>the</strong> current<br />

and proposed trial and appellate court structures <strong>of</strong> <strong>the</strong> <strong>New</strong> <strong>York</strong><br />

<strong>State</strong> Court System for both criminal and civil matters.<br />

A Court System for <strong>the</strong> <strong>Future</strong>, February 2007 87

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