Special Commission on the Future of the New York State Courts

the constitutional amendment is passed, we anticipate that
additional legislation will be drafted to accomplish these goals.
Unlike the structure of the courts, our state’s codes have been
amended many times before, and there will be ample opportunity
to do so again.
Finally, in addition to the procedural need for statutory
and constitutional action, there is obviously a fundamental need
to build consensus and political will. For too long, well meaning
calls for court reform have been followed by inertia and inaction.
We are hopeful that those who read this Report will better
understand that a restructuring of the courts is important to the
economic vitality of our state, and the well-being of its citizens.
There already exists a strong consensus in support of court
reform, and we are hopeful that our illustration of the problem
and proposed solutions will contribute to the realization that our
system must finally be changed.
* * * *
We believe that our court system is at a tipping point.
Over time, virtually all constituencies with a stake in our courts
have called for the system to be restructured. The consensus in
favor of reform has grown stronger in recent years, as our system
has become increasingly unworkable and complex. Our
recommendations have been endorsed by a number of influential
organizations, and we expect many more groups to follow suit
as our Report is released. Recently, Governor Eliot Spitzer has
expressed a keen interest in court restructuring and has
announced his intent to submit a constitutional amendment to the
Legislature. While meaningful changes to the courts are difficult
to achieve, history has shown that at certain times, given the right
combination of popular support and political will, extraordinary
changes are possible. We believe that, for New York, this time
has finally arrived.
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A Court System for the Future, February 2007