Increases the number of family court judges in the city of New York, and the counties of Albany, Broome, Chautauqua, Erie, Monroe, Nassau, Onieda, Oswego, Schenectady, Suffolk and Westchester.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9754 REPLACEMENT 5/28/14
SPONSOR: Weinstein
 
TITLE OF BILL: An act to amend the family court act, in relation to
the number of judges of the family court
 
PURPOSE OF BILL: This measure would amend the Family Court Act to
establish 20 new Family Court judgeships.
 
SUMMARY OF PROVISIONS OF BILL:
Section 1: Would amend § 121 of the Family Court Act to increase the
number of Family Court Judges in the City of New York from 47 to 56.
Section 2: Would amend § 131 of the Family Court Act to increase the
number of Family Court Judges, each by one, in the following counties:
Albany, Broome, Chautauqua, Erie, Monroe, Nassau, Oneida, Oswego, Sche-
nectady, Suffolk and Westchester.
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends § 121 and
§ 131 of the Family Court Act.
 
JUSTIFICATION: This measure would amend the Family Court Act to
establish 20 new Family Court judgeships, as follows:
* In New York City, nine new judgeships, effective January 1, 2015.
* Outside New York City, one new judgeship in each of the following 11
counties, effective January 1, 2015 (with each judgeship first being
filled at the November 2014 general election): Albany, Broome, Chautau-
qua, Erie, Monroe, Nassau, Oneida, Oswego, Schenectady, Suffolk and
Westchester.
While the past several decades have seen increasing legislative recogni-
tion of the needs of children and families in New York, in the form of
landmark statutes promoting child permanency and enhancing family
justice, these salutary efforts have not been matched by provision for a
corps of Family Court Judgeships sufficiently large to meet the greater
caseloads and complexity of proceedings in our courts today. The conse-
quences of this neglect, if not attended to soon, will be disturbing,
indeed heartbreaking - and utterly unacceptable: justice delayed for
children and families whose safety and welfare can require immediate
intervention, children growing up in foster care instead of permanent
homes, children graduating from Family Court to Criminal Court instead
of high school and college, missed opportunities and spiraling ineffi-
ciency for juvenile and legal defense agencies.
This measure will go a long way toward redressing this unintended and
lamentable condition. If enacted, it would represent the first major
infusion of new Family Court Judges in New York in over three decades
and begin to provide the State's family justice system with the
resources needed to protect the most vulnerable members of our communi-
ty.
 
LEGISLATIVE HISTORY: New bill, 2014.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: $5 million for
the period from January 1, 2015 through March 31, 2015.
 
EFFECTIVE DATE: Immediately, provided that the additional Family
Court Judges provided by § 2 shall first be elected at the general
election to be held in November 2014, and shall first take office Janu-
ary 1, 2015.
STATE OF NEW YORK
________________________________________________________________________
9754
IN ASSEMBLY
May 20, 2014
___________
Introduced by M. of A. WEINSTEIN -- read once and referred to the
Committee on Judiciary
AN ACT to amend the family court act, in relation to the number of judg-
es of the family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 121 of the family court act, as amended by chapter
2 209 of the laws of 1990, is amended to read as follows:
3 § 121. Number of judges. The family court within the city of New York
4 shall consist of [forty-four judges and, as of July first, nineteen
5 hundred ninety, shall consist of forty-five judges and, as of April
6 first, nineteen hundred ninety-one, shall consist of forty-seven]
7 fifty-six judges, effective January first, two thousand fifteen. [At
8 least one of the persons appointed to the office of judge of the family
9 court created by this section, shall be a resident of the county of
10 Richmond and hereafter there] There shall be at least one family court
11 judge resident in each county of the city of New York. [The amount of
12 compensation for such new family court judges shall be equal to the
13 compensation payable to existing family court judges in the city of New
14 York.]
15 § 2. Section 131 of the family court act is amended by adding a new
16 subdivision (u) to read as follows:
17 (u) There shall be an additional family court judge for each of the
18 following counties: Albany, Broome, Chautauqua, Erie, Monroe, Nassau,
19 Oneida, Oswego, Schenectady, Suffolk and Westchester. The compensation
20 of each such additional family court judge shall be the same as the
21 compensation paid to each existing family court judge in the county for
22 which it is established.
23 § 3. This act shall take effect immediately; provided, however, that
24 the additional family court judges provided for by section two of this
25 act shall first be elected at the general election to be held in Novem-
26 ber 2014 and shall first take office January 1, 2015.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15309-01-4