New York State Assembly

1997 Annual Report

Committee on Judiciary

Sheldon Silver, Speaker
Helene E. Weinstein, Chairwoman

Helene E. Weinstein Assemblywoman 41st District

THE ASSEMBLY STATE OF NEW YORK ALBANY

CHAIR Judiciary Committee COMMITTEES Aging Codes Rules Ethics and Guidance Ways and Means Court Facilities Capital Review Board

December 31, 1997 

The Honorable Sheldon Silver
Speaker of the Assembly
State Capitol
Albany, New York 12248

Dear Mr. Speaker:

On behalf of the Judiciary Committee, I am pleased to submit the Committee's 1997 Annual Report, which highlights the Committee's activities during the first half of the 1997-1998 Legislative Session.

The Judiciary Committee's accomplishments in 1997 include enhancing the tools for establishing and enforcing child support orders, ensuring the reliability of international contracts through recognition of the euro, and approving legislation that will establish clearer rules governing the transfer of investment securities. Working with other Assembly committees, the Judiciary Committee also promoted stronger protections for victims of domestic violence.

The Committee extends its appreciation to you for your support. I would also like to thank the Committee members and staff for their hard work and dedication during the session.

Sincerely,

HELENE E. WEINSTEIN
Chairwoman
Standing Committee on Judiciary

1997 ANNUAL REPORT

HELENE E. WEINSTEIN
CHAIRWOMAN

Michael Balboni, Ranking Minority Member
Robert C. Wertz
Craig Doran
John Flanagan
David Seaman
Willis Stephens, Jr.

Daniel Conviser, Legislative Coordinator
Joanne Barker, Associate Counsel
Joan Byalin, Associate Counsel
Patricia Gorman, Associate Counsel
Malinka Gutierrez, Associate Counsel
Sarah Beaver, Committee Clerk
Jennifer Galarneau, Executive Assistant
Joann Butler, Secretary

TABLE OF CONTENTS

The Judiciary Committee has jurisdiction over virtually all legislation affecting the state judicial system and much of the legislation affecting civil practice in the courts. The Committee reviews legislative proposals that would amend:

The Judiciary Law
The Uniform Court Acts, including the Family Court Act
The Estates, Powers, and Trusts Law
The Surrogate's Court Procedure Act
The Domestic Relations Law
The General Obligations Law
The Real Property Actions and Proceedings Law
The Real Property Law
The Civil Practice Law and Rules
The Debtor and Creditor Law
The Lien Law
The Uniform Commercial Code

All proposed amendments to the New York State Constitution are reviewed by the Judiciary Committee, even if they originate in another committee. The Committee and its staff work with the Office of Court Administration on matters involving court facilities and their cleaning and maintenance, the judiciary budget, and employee relations.

NEW UCC ARTICLE 8 CLARIFIES RULES GOVERNING SECURITY OWNERSHIP

This law extensively revises Article 8 of the Uniform Commercial Code by establishing rules regarding the transfer of investment securities. The purpose behind these changes, proposed by the National Conference of Commissioners on Uniform State Laws, is to provide clear rules governing all forms of securities ownership, including entitlement to security accounts held by intermediaries, such as brokerage houses.

The new law recognizes that the securities market has changed over the years and that reforms are required to maintain New York's preeminence in the securities market. When the former Article 8 set forth certain rights and duties of the issuers and owners of investment securities, it contemplated securities that the owner held either by possessing the stock certificate or by registering ownership with the issuing company. The securities industry and the means by which securities are transferred and held, however, have evolved in a way unanticipated when the former Article 8 of the Uniform Commercial Code was adopted in 1962. Today, most securities are not held in the form of certificates or as registered securities. Instead, they are held as financial interests by intermediary holding companies, such as the Depository Trust Company and securities brokers. This concept of a security entitlement as a statutory form of security ownership is distinct from the other two forms of ownership and thus, the new article deals expressly with this popular type of indirect ownership.

The new Article 8 provides clearer rules that govern content, transfer, warranty, and conflicts of law for all three forms of securities ownership. Rules concerning the rights, obligations, duties, and liabilities of parties to a securities transfer, the attainment of protected purchaser status, and the treatment of adverse claimants are more clearly stated in the new article. This increase in clarity should make it easier for parties to plan transactions and will reduce the existing confusion in the court decisions, which have struggled to apply the current article to the unanticipated forms of securities ownership. To accommodate this new approach to securities ownership, it was necessary to repeal certain existing provisions of New York law made superfluous by the new Article 8, including the Uniform Act for Simplification of Fiduciary Security Transfers (Gen. Bus. L, Article 23-C).

The new Article 8 also streamlines financial arrangements and transfer procedures. This should improve the liquidity of securities in times of financial market stress. Provisions make clear the protected status of a purchaser for value and clarify the order of priority of creditors. These changes will increase the ability of securities owners to use their securities as collateral.

This law also contains certain provisions not included in the article proposed by the uniform law commissioners in order to protect the sale of shares in housing cooperatives. New Yorkers make more extensive use of cooperative real estate corporations (co-ops) as a form of residential housing than do the residents of any other state. Shares in cooperatives almost always function more like the ownership of real property than investment securities. As a result, certain exceptions are made to the proposed Article 8 for co-op shares. Also the new article will require the attorney general to report annually on the sufficiency and status of the Securities Investor Protection Corporation (SIPC) fund, which provides protection for investors for losses of up to $500,000.

The Committee, in conjunction with the Law Revision Commission, representatives of the Federal Reserve Bank, consumer law experts, the Association of the Bar of the City of New York, law enforcement officials, and securities and banking representatives, worked to formulate a statement of legislative intent to ensure that New York State law was not misinterpreted. It clarifies that "collusion" as used in Article 8 is a term of art that includes actual knowledge and is not limited by definitions incorporated in tort or criminal law or the Civil Practice Law and Rules (CPLR). A transferee is charged with knowledge of facts if such information was directly presented to him or if the information was conveyed to the person arranging the transaction. It also clarifies the applicability of the provisions regarding due care by a securities intermediary. The legislature also made clear that the ability of state law enforcement officials to prosecute securities fraud under existing law is in no way diminished by the new article. Chapter 566 of the laws of 1997 (A.6619-C, Weinstein, Silver, Katz, John).

STRENGTHENING DOMESTIC VIOLENCE PROTECTIONS

A number of important measures to strengthen protections for victims of domestic violence passed during the 1997 session. The first measure clarifies the authority and procedures to be followed in local criminal courts (town and village justice court, city court, New York City criminal court) in dealing with family offense cases when Family and Supreme Court are not in session at night, on weekends, and on holidays. It clarifies the powers given to the local criminal court by the Family Protection and Domestic Violence Intervention Act of 1994.

This new law provides for a simple mechanism -- a sworn affidavit -- for a local criminal court to issue a Family Court temporary order of protection in the absence of a family offense petition and provides for the local court to forward a copy of the order to Family Court. In turn, Family Court would confirm the order on the next day on which it sits or as soon thereafter as practicable. Chapter 186 of the laws of 1997 (A.7029, Weinstein, Glick, Klein).

Another measure, which was advanced in coordination with the Assembly Codes Committee, protects victims of domestic violence by ensuring they are not inappropriately arrested along with their abusers when more than one person alleges violence. The new law amends the Family Protection and Domestic Violence Intervention Act of 1994 by making it clear that law enforcement officials are not required to arrest both parties. Instead, the officer should determine who is the primary physical aggressor. The new law provides specific factors for the police to consider including: the extent of any injuries, the history of violence between the parties, whether the conduct of one of the persons was justified, the potential for future injury, and the seriousness of any threats of physical injury. Chapter 4 of the laws of 1997 (A.8672, Weinstein).

This law establishes rules to direct how someone can establish a living trust and so reduce the amount of his or her estate that needs to go to probate after death. The person planning an estate (the "settlor") sets up a trust during his or her lifetime in which he or she puts property and from which the settlor gets the interest during the settlor's life. Upon the settlor's death, ownership of the property vests in the person of the settlor's choice (the beneficiary). This new law responds to a trend in both New York State and the nation towards the use of revocable lifetime trusts (also called inter vivos trusts) as a complete deathtime instrument, instead of the probate of wills. The law establishes procedures for establishing, funding, and maintaining such trusts, which until now have been unclear in state law.

Under the new provisions, the law defines a lifetime trust as an express trust created other than by a will but excludes a trust for the benefit of creditors, a constructive trust, a business trust, an investment trust, a voting trust, a trust created by court order and trusts for the purpose of paying benefits, dividends,or interest. It can be established by persons 18 years of age or over, may include every estate in property, and must be in writing and executed and acknowledged by the creator. Amendment or revocation must also be in writing and witnessed in the same manner as the original document creating the trust. The transfer of assets must be by registration, recording, or written assignment.

The law also abolishes the doctrine of merger, which held that when the same person was trustee and beneficiary, the trust interests "merge" and the trust ceases to exist. In addition, this legislation will clear up unanswered questions, especially in the areas of execution and funding. It will give guidance to the courts and practitioners in areas where there is some confusion or simply an absence of law, which will help avoid the need to litigate such open issues. It will also provide certainty to transfer agents and title companies, which currently are dealing with transfer issues in an erratic manner. This legislation minimizes court intrusion into the planning efforts of donors. Chapter 139 of the Laws of 1997 (A.7798, Weinstein).

PROTECTING INTERNATIONAL CONTRACTS

This new law ensures that existing international contracts will remain enforceable under New York State law should Europe's plan to convert to a new, single currency be implemented on January 1, 1999.

This law ensures that when the European Economic Community adopts the euro as its currency, contracts governed by New York law that direct payment in a currency replaced by the euro will not be void but will be interpreted to allow payment in euros.

Since New York State's law governs many international contracts, this law will make members of the international business community feel more secure knowing that there will be no serious disruption in trade under New York State law should the new European currency be adopted. Chapter 311 of the Laws of 1997 (A.8047, Weinstein, Vitaliano, Grannis, Ortiz).

This new law, enacted as part of the budget process, strengthens and enhances the tools available for the establishment of paternity and the establishment, enforcement, and collection of child support orders. By providing for an improved review and adjustment process, and by granting state and local child support agencies additional tools, including the power to subpoena government and private records, impose liens on real and personal property, and order genetic testing, this legislation will lead to an estimated increase in annual child support collections of more than $20 million. Close to 2.7 billion dollars in past due child support is owed to the children of our state. The new child support law will ensure that children are not needlessly forced onto public assistance. The law provides for review and adjustment of child support orders through the application of a cost of living adjustment. In addition, the law will facilitate the interstate establishment of paternity and establishment and enforcement of child support orders and bring the state into compliance with the child support requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).

The new law also gives state and local child support agencies a range of additional enforcement remedies and improved tools, including new administrative procedures for the establishment of paternity and the establishment and enforcement of child support. Among these are the authority to:

Issue administrative subpoenas of government and private records.
Impose liens on real and personal property for unpaid child support.
Require social security numbers on marriage licenses, divorce decrees, custody      and paternity orders, and death certificates.
Order DNA tests to establish paternity
Require the updating of identifying information on support orders.

The law also provides child support agencies with access to parental location and financial information through automated matches with a wide range of public and private entities. In establishing these new information gathering techniques, we will increase our ability to locate absent parents and verify employment.

One of the major provisions of the law is a simplified review and adjustment process through the biennial review and cost-of-living adjustment of child support orders of public assistance clients based on the consumer price index (CPI). This is done to ensure child support amounts keep pace with inflation. A child support order will automatically increase by the same percentage as the cost of living increase when the cumulative annual increase in the CPI exceeds 10 percent. The law will allow those who do not receive public assistance to also receive the COLA, but only if (i) payments are collected by the state's child support enforcement program and (ii) one of the parents requests the review.

In addition to the review and adjustment process, the law also provides that local departments of social services dedicate staff for a one-time review of child support orders issued prior to September 1989, when the Child Support Standards Act went into effect. Creating this review unit within the Department of Social Services will address the current backlog of support cases and ensure that the amount of support is appropriate and in keeping with the state's child support guidelines.

The law further strengthens enforcement of child support orders by establishing procedures to suspend and withhold professional, business, driver's and recreational licenses when a person fails to comply with a summons, subpoena, or warrant relating to a child support or paternity proceeding, and adds recreational licenses to the types of licenses that can be suspended when a person owes four or more months of court ordered child support.

The law will make it easier to establish paternity and establish and enforce child support orders when the parents live in different states. The law enacts the Uniform Interstate Family Support Act (UIFSA) which applies in all 50 states. It establishes consistent rules for deciding which court keeps jurisdiction and for registering an order or a judgement. In approximately 30% of cases the custodial and non-custodial parents reside in different states. Chapter 398 of the Laws of 1997 (A.8657, Weinstein, Farrell, Green, Jacobs, John).

B. ADDITIONAL COMMITTEE ACTION

The Judiciary Committee reviewed 485 bills during the 1997 Session and reported 100: 25 to the floor of the Assembly, 13 to the Ways and Means Committee, 13 to the Codes Committee, and 49 to the Rules Committee. Twenty-three bills that the committee reported were signed into law. The following is a description of important bills that became law, organized by topic. Appendix B lists all bills signed into law organized by bill number, Appendix C lists passage of constitutional amendments, Appendix D lists veto messages.

This law amends subdivision 1 of §1609 of the New York City Civil Court Act and adds subdivision s-1 to §105 of the Civil Practice Law and Rules, and authorizes New York City marshals to exercise the same functions, powers, and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts of the city of New York. Chapter 455 of the laws of 1997 (A.3007-A, Kaufman).

In order to amend the State Constitution, amendments must be passed by two separately elected legislatures and then submitted to the voters at the next general election. The following is a brief description of one proposal that received first passage and was delivered to the Secretary of State and two that were submitted to the voters.

First Passage of A.545 (John), would amend §26 of Article 6 of the New York State Constitution to temporarily assign full-time city court judges to county, family, or district courts within the county of residence or any adjoining county.

Second Passage of A.6485 (Sidikman), would amend Article 6 of the Constitution to increase the monetary jurisdiction of the New York City Civil Court from $25,000 to $50,000 and of the district court from $15,000 to $50,000. The electorate defeated this resolution in the 1997 November general election.

Second Passage of A.6489-A (Pretlow) would amend §6 of Article 5 of the New York State Constitution to make it clear that active-duty members of the armed forces may take a civil service examination before discharge and still receive veterans credits if they have been honorably discharged at the time of the appointment. The resolution was submitted to voters at the 1997 November general election and adopted.

This law amends subdivision 1 of section 322 of the Judiciary Law, as amended in Chapter 333 of the Laws of 1995, to allow the District Attorney of Cayuga County to appoint as grand jury stenographer a person who resides in the counties of Tompkins County, Onondaga County, or any county of the seventh judicial district, in order to allow Cayuga County to obtain adequate stenographic assistance. Chapter 298 of the laws of 1997 (A.6562, Fessenden).

This law amends subdivision a of section 524 of the Judiciary Law to permit a person who serves on a jury in a town or village justice court to be exempted from serving on another jury for four years. Prior law disqualified a person from jury service for a four year period only when a person served in a court of record, thereby failing to recognize service on juries in town and village justice courts. In addition, the new law allows a person to voluntarily shorten the period of disqualification to one half the statutory time frame. Chapter 242 of the laws of 1997 (A.8053, Brodsky).

This law amends subdivision one of section 1403 of the Surrogate's Court Procedure Act to provide that process be issued to any person who would be adversely affected by an instrument offered for probate that specifically refers to and purports to exercise a power of appointment. This gives the person notice and provides an opportunity to contest. Chapter 64 of the laws of 1997 (A.6487, Weprin).

This law repeals the former section 1411 of the Surrogate's Court Procedure Act, which mandated a cumbersome system of court order and notice to beneficiaries when objections to the probate of a will are filed, and adopts a new section 1411, which provides for the use of a citation or supplemental citation as procedures to give notice to interested parties of a will. The citation would be issued to beneficiaries who have not yet appeared in the probate proceedings and would be served in the usual manner required by SCPA §§307 and 308, which is more efficient, less expensive, and equally certain in assuring notice. Chapter 87 of the laws of 1997 (A.6488, Dinowitz).

This law requires that upon an application by a guardian ad litem for compensation on account of services rendered to the estate or the person under disability, notice be given to all attorneys or persons who have appeared in the proceeding in which the guardian ad litem seeks an allowance. In such circumstances, the will or estate is often disputed and so notice is appropriate. Chapter 100 of the Laws of 1997 (A.7027, Rivera).

This law provides for the continuation of a deceased's dentist's practice, for a period not to exceed eight months, by a licensed dentist. This will allow the widow or widower of the deceased dentist to settle the estate without losing the value of the practice. Chapter 475 of the Laws of 1997 (A.7710, Weinstein).

This law ratifies the existing system used to fund the office of the Onondaga County Public Administrator by allowing the Public Administrator to retain commissions from the estates he or she handles. Chapter 638 of the Laws of 1997 (A.7815, Bragman).

This law requires that the Attorney General receive notice of probate where a proposed last will and testament is being offered for probate and such will contains a charitable bequest or devise but does not specify the specific charitable organization or does not specify the amount of the bequest, or if a will that has been offered for probate names or refers to a charitable organization as a beneficiary of personal or real property. Current law required that the Attorney General receive notice of certain proceedings in the administration of such estates but did not require a notice of probate. This change will protect the charitable intentions of the deceased when there is no charitable corporation with an incentive to intervene in the administration of the estate. Chapter 291 of the Laws of 1997 (A.8057, Weinstein).

This law simplifies the law that governs the transfer of property to minors. It establishes a unified system by repealing the Uniform Gift to Minors Act and converting existing accounts to accounts under the Uniform Transfers to Minors Act. It therefore extends to "UGMA" accounts the benefits of the modern "UTMA" provisions, except that the property will come under the control of the minor at the age specified in the original account, even if it is different from that provided by UTMA. The amendment will not reduce or eliminate any constitutionally vested rights that might otherwise be affected by the conversion.

Under the new provisions, all existing UGMA accounts are converted to UTMA on the effective date, so that only one set of rules applies to all the property in the account. This resolves any incongruities that existed when assets were added to pre-existing UGMA accounts subsequent to January 1, 1997 (the effective date of UTMA), so that part of the account was governed by UGMA and part by UTMA. Often there was no practical way to segregate the parts for differing administration and little awareness by custodians, banks, brokers, and others of the possible problems inherent in such mixed accounts.

Additionally, the new law assures that UGMA still exists to determine the rights and responsibilities of parties to UGMA transactions that occurred prior to January 1, 1997. The law also applies retroactively to transfers made on or after January 1, 1997. This is necessary to assure that no transfers that have been made in the interim period are subjected to the kind of two-law incongruities that this law seeks to resolve. Chapter 535 of the Laws of 1997 (A.8116, Weprin).

FAMILY LAW REFORMS

This law directs that the time period for filing an appeal from a family court decision commences when a copy of the order is served on the parties, whether by the court or by the parties themselves. The prior law provided that a notice of appeal had to be filed within 30 days of service by a party. In family court, where many parties are not represented by counsel, the court often mails a copy of the order, which led the prevailing party to take no action to serve the papers, so that the appeal period never began to run. Chapter 461 of the Laws of 1997 (A.7824, Griffith).

Another new law redresses technical deficiencies in order to expedite and facilitate adoptions in New York State by:

dispensing with the consent to adoption by a parent or other person having custody of a child, if that parent has executed an irrevocable instrument, recorded in the manner required for recording of deeds, that denies paternity or consents to the other parent's surrender of the child or consent to the child's adoption;

clarifying that expedited adoptions filed following a surrender executed pursuant to §383-c(10) of the Social Services Law would not be subject to the venue requirments set forth in §112(8) of the Domestic Relations Law and §384-b(11) of the Social Services Law; and

 

amending §116(1) of the Domestic Relations Law to conform to the 1996 amendment to §112(6) of the Domestic Relations Law that reduced a child's residency requirement from six months to three months in authorized agency adoptions. The reference in §116(1) to "the six month residence period specified in §112" was changed to "three months". Chapter 375 of the Laws of 1997 (A.8159, Katz).

This law provides that when the sum of $750.00 or more is deposited or advanced with a dealer as security for the leasing or rental of personal property, for a period of 120 days or more, such sum must be deposited in an interest-bearing bank account. The new law allows deposits from multiple lessees to be maintained in one account if a proportionate share of interest is paid to each lessee and allows the lessor to retain a sum equivalent to one percent per annum of such deposited security money to cover administrative expenses. Chapter 107 of the Laws of 1997 (A.5229, Pheffer).

This law requires the payment of taxes and other municipal liens out of the proceeds of a mortgage foreclosure sale. The new law also provides that in cities having a population in excess of 300,000, any liens or encumbrances placed by a city agency, which have priority over a foreclosed mortgage, shall be paid out of the proceeds of a sale. Chapter 232 of the Laws of 1997 (A.222, Hoyt).

This law makes uniform and codify the form used for an acknowledgment by a Notary Public. This will save confusion and time at the government offices that handle these forms and reduce the risk of fraud. Chapter 179 of the Laws of 1997 (A.1069-A, Sidikman).

This law permits a voluntary administrator (usually a relative who files to resolve the uncontested estate of a deceased who did not leave much money) to execute a discharge of mortgage. Prior law had only authorized an executor or administrator appointed by the court pursuant to a probate proceeding to do so. This new law benefits voluntary administrators of small estates because it allows the voluntary administrator to deal with the property of the deceased without the expense and formality that is required to qualify as an executor or court-appointed administrator. Chapter 71 of the Laws of 1997 (A.5221, Griffith).

This law eliminates the pre-filing requirement for advertisements for the sale of subdivided lands and requires that every contract or agreement for the sale or lease of subdivided lands expressly grant an absolute right to cancel. Chapter 658 of the Laws of 1997 (A.8121-B, Vitaliano).

C. HOUSING COURT ROUNDTABLE

In 1997, the Judiciary Committee participated in a roundtable on the New York City Housing Court sponsored by the Subcommittee on Housing Court of the Housing Committee. Participants in the discussion included judges of the housing court and of the New York City Civil Court, court clerks, representatives of legal services providers, landlord groups, tenant organizations, real estate brokers, and the city and state bar associations. The discussion focused on means by which the housing court, faced with overwhelming caseloads and shortages of resources, could most effectively deal with the problems before it and the needs of litigants.

D. HEARINGS

In March of 1997, the Judiciary Committee held hearings in New York City and Albany on the experimental use by the court system of tape recorders rather than stenographers in the following trial courts:

Court of Claims

Surrogate's Court

New York City Civil Court

Civil trials in City Court and District Court

Proceedings in Family Court pursuant to articles 4, 5, 5-A, 6, 9, and 10 of the      Family Court Act.

Such electronic recording has been used in the Court of Claims and surrogate's court since 1992. The experiment was extended to the other included courts in 1995. At that time, the legislature created a presumption that a stenographer would be used in any case in which there are more than two participating parties.

The Committee received testimony from judges, lawyers, court reporters, victim's rights advocates, advocates for the handicapped, court personnel, and representatives of affected unions. Concern was expressed by a number of witnesses that unless a monitor was present in the courtroom whose primary responsibility was operating the machine, problems occurred with the electronic recording system. The availability of monitors and support for the experiment varied in different geographical regions of the state. Some witnesses also expressed concern that new technologies are being developed that are more advanced than the tape recorder system and so a commitment to that system might soon leave New York with an obsolete system. The Office of Court Administration claimed $2.3 million savings, which was contested by union witnesses. As part of the budget, the governor proposed and the legislature agreed to extend the current experiment in order to achieve savings claimed by OCA but declined to make the experiment permanent or extend it to other courts and proceedings, as requested by OCA.

In September 1997, the Assembly Majority announced a comprehensive six-point study proposal designed to streamline New York's judicial system, reinforce public confidence and ensure that all citizens have access to justice. The Assembly Majority six-point plan would build on the accomplishments of the legislature and the judiciary over the past several years to dramatically improve the operations of the justice system. The plan would provide for:

Over 160 new trial court judges would be created across the state with a focus on family and criminal courts, which have experienced the greatest increase in caseload.

The Assembly plan also includes constitutionally mandated commissions to screen appointed judges and changes in the system of judicial discipline to ensure the continued high quality of New York judges and public confidence in the judicial system.

New York's trial level courts would be merged into a two-level system of a new Supreme and a new District Court.

A critical component of the Assembly plan is to create a permanent funding mechanism for civil legal services. A 1993 study by the New York State Bar Association found that only 14% of the legal needs of low income people were being met in New York State. Since the study was completed, federal funding for legal services has been cut by one third and state funding for such services through the Interest on Lawyers Account Fund (IOLA) has also diminished. The Assembly would also increase the rates paid to attorneys representing defendants in criminal and family court matters.

Constitutionally mandated screening panels would review the qualifications of judges appointed to the court of claims, appellate divisions, New York City family court and New York City criminal court.

Proceedings of the Commission on Judicial Conduct would be open to the public, once a formal charge was made to ensure the continued high quality of New York judges and public confidence in the judicial system.

A new fifth department would be authorized by constitutional amendment, with the department's actual boundaries to be set by statute.

The Assembly majority announced its proposal to the public well in advance of the 1998 session, so that interested organizations and individuals can review and comment on it. This period of review, including statewide hearings, will make it possible to refine the ideas of the Assembly plan.

The Assembly Judiciary Committee co-sponsored with the Senate Judiciary Committee four hearings on court reform around the state. The hearings addressed both a proposal by Chief Judge Kaye and OCA to restructure New York's court system and the Assembly Majority's plan.

Three hearings were held in New York City (Oct. 7), Hauppauge, Long Island (Dec. 2) and Buffalo (Dec. 7). Witnesses testified that a major reason for court restructuring was the confusion and fragmented litigation caused by the overlapping jurisdiction of supreme and family courts. For example, it was possible for one family to be concurrently involved in proceedings in several different courts on matters related to the break up of a marriage. Other witnesses expressed concern about the lack of legal assistance for litigants in housing, family law, child support and consumer matters. There was also testimony concerning problems arising in the Court of Claims when a plaintiff sues the state as well as another party. A fourth hearing is scheduled for January 21, 1998 in Albany. Following the final hearing, the Assembly will review all of the testimony and refine our proposals and draft appropriate legislation.

APPENDIX A

1997 SUMMARY OF ACTION ON ALL BILLS REFERRED TO THE
COMMITTEE ON JUDICIARY

APPENDIX B

JUDICIARY BILLS THAT BECAME LAW IN 1997

SECOND PASSAGE OF CONSTITUTIONAL AMENDMENTS
ORIGINATING IN THE JUDICIARY COMMITTEE

APPENDIX D

VETO MESSAGES