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
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
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
- Page 35 and 36: Given this reality, it is in the in
- Page 37 and 38: The following is the testimonial of
- Page 39 and 40: “Notwithstanding the results of t
- Page 41 and 42: for by HRA) because my welfare bene
- Page 43 and 44: husband told the judge that I was a
- Page 45 and 46: Costs to Individuals, Businesses, M
- Page 47 and 48: appear as witnesses), or to family
- Page 49 and 50: The Tweed Commission</stron
- Page 51 and 52: Court upstate as well as the transf
- Page 53 and 54: y the Legislature and were approved
- Page 55 and 56: proposed a concurrent resolution to
- Page 57 and 58: efforts), make the case for reform
- Page 59 and 60: Groups representing the indigent al
- Page 61 and 62: Commercial Division of the New York
- Page 63 and 64: safety and facilitate access to spe
- Page 65 and 66: Courts in Hempstead and Syracuse al
- Page 67 and 68: The details of our proposal are ref
- Page 69 and 70: continue to handle such matters whi
- Page 71 and 72: We recognize that some have express
- Page 73 and 74: The diagram below outlines the stru
- Page 75 and 76: Under a “merger in place” plan,
- Page 77 and 78: Judicial District. By contrast, jud
- Page 79 and 80: Today, the Housing Court, as this P
- Page 81 and 82: The issues concerning the Justice C
- Page 83 and 84: five years. 158 Therefore, it is no
- Page 85: of preservation. The use of citatio
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- Page 91 and 92: significant authority over our stat
- Page 93 and 94: The Supposed Ease of an Administrat
- Page 95 and 96: Supreme Court Justices hear every y
- Page 97 and 98: a restructuring have already been c
- Page 99: the constitutional amendment is pas
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