Rpld Art 22, S106 subs 6, 8 & 9, SS1306 & 2012, amd UJCA, generally; amd SS3-301, 4-410 & 5-524, Vil L; amd
S849-i, Judy L; amd SS31, 69 & 116, Town L; rpld S99-k, amd SS99-l & 99-m, Gen Muni L; amd S99-a, St Fin L;
amd S1803, V & T L; amd S45, Ag & Mkts L; amd SS71-0211, 71-0507 & 71-0521, En Con L; amd S52, Work Comp L;
amd S27.13, Pks & Rec L; amd S201, Nav L
Relates to the justice court efficiency and modernization act, which strengthens the justice court system, creates a process for the limited sharing of justice courts and better supports local governments in their operation and administration of courts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5338
SPONSOR: Galef TITLE OF BILL: An act to amend the uniform justice court act, in
relation to local justice reform commissions; and to repeal article 22
of such act relating to justice court procedure (Part A); to amend the
uniform justice court act, the village law, the judiciary law and the
town law, in relation to justice court administration (Part B); to amend
the uniform justice court act, in relation to qualifications and
requirements for town and village justices (Part C); and to amend the
uniform justice court act, the general municipal law, the state finance
law, the vehicle and traffic law, the agriculture and markets law, the
environmental conservation law, the workers' compensation law, the
parks, recreation and historic preservation law and the navigation law,
in relation to town, village and justice courts; and to repeal certain
provisions of the uniform justice court act and the general municipal
law relating to jury terms and jurors (Part D)
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
establish a act that was proposed by former Chief Judge Kaye's Special
Commission on the Future of the New York State Courts to strengthen and
modernize the Justice Courts while retaining the roles that localities
play (Report by the Special Commission on the Future of the New York
State Courts; Future of Town and Village Courts in New York State;
September 2008) (NY Special Commission Justice Most Local Report).
SUMMARY OF SPECIFIC PROVISIONS: This act shall be known and may be
cited as the "Justice Court Efficiency and Modernization Act", Each
component of this act is contained within a Part identified as Parts A
through D. Effective dates are contained within each Part
The Legislature declares that the town and village justice courts are a
backbone of the state's civil and criminal justice systems, and are
indispensable to ensuring proximate access to justice across the state.
The Legislature therefore reaffirms New York State's three-century
commitment to local adjudications and a vibrant justice court system.
The Legislature finds, however, that many town and village justice
courts are not structured, funded, equipped, or secured to meet modem
standards for the safe and cost-effective administration of justice, and
necessary improvements to the justice court system can not be achieved
in a timely or efficient manner given the proliferation and independent
administration of individual courts' in each of over 1,250 towns and
villages.
The Legislature further finds that this fragmentation increases the
cost, and decreases the effectiveness of many instrumentalities of state
and county government interacting with these courts, including prosecu-
tors, defenders, county probation departments, law enforcement agencies,
office of the state comptroller and numerous executive-branch agencies.
To properly balance the public interest in proximate access to justice
against the pressing need for systemic reform, it is the intent of the
Legislature to strengthen the justice court system, create a process for
the limited sharing of justice courts and better support the vital roles
that local governments help perform in their operation and adminis-
tration.
Part A. Section 1. Article 22 of the Uniform Justice Court Act is
repealed and a new article 22 is added and details local justice reform
commissions, combination plans, commission procedure, transition
provisions, and construction.
Part B. Section 1. The Uniform Justice Court Act is amended by adding a
new article 22A, which focuses on justice court administration including
funding and cost apportionment, budgeting system, financial management,
adjustments to judicial offices and non-judicial staff.
Part C. Section 1. The Uniform Justice Court Act is amended by adding
new sections. Section 105-a establishes a minimal age, and the educa-
tional qualifications that are needed for town and village justices.
Section 105-b establishes residency requirements for town and village
justices. Section 105-c details the election to proceed in certain crim-
inal actions. Section 105-c (a) lays out town and village justice train-
ing requirements.
Part D. Section 1. Section 102 of the Uniform Justice Court Act, is
amended to describe the application of the law through system and proc-
ess including (but not limited to) court seals, titles and powers of
justice, bond and oath of justice, court locations, arraignment and
appearance proceedings, assignment of justices, records and dockets of
court(s), powers and duties of non-judicial personnel, justice jurisdic-
tions, transference of cases, collection of fees and fines, auditing
provisions, and stenographer in criminal proceedings. This Pan also
provides the definitions of the following terms: Administrative Board,
Administrative Judge, Appellate Division, Clerk, County, County Clerk,
Court, Enforcement Officer, Justice, Municipal Board, Municipality,
Rules, Town, Town Court, Town Justice, Village, Village Court and
Village Justice. This Part also describes terms such as Civil Jurisdic-
tion and Criminal Jurisdiction. Outlines the duties of the Comptroller,
including fines, fees, moneys, penalties, and funds processing and
systems, particularly in relation to state agencies such as the Depart-
ment of Motor Vehicles, Office of Parks, Recreations, and Historic Pres-
ervation.
JUSTIFICATION: Justice Courts are local criminal courts presiding in
the localities where millions of New Yorkers reside and work. Each year,
Justice Courts adjudicate millions of cases, collect over $120 million
on behalf of state and local governments, and often serve as New York-
ers' first if not only point of contact with the justice system.
There are over 1,250 Justice Courts and unfortunately hundreds of them
are housed in facilities that are not suited for the modern adminis-
tration of justice and are unsafe for all those who work there in addi-
tion to the members of the public. This is the result of a fragmented
governance system and decades of neglect. Justice Courts are underfunded
by their sponsoring localities, which under current law, are responsible
for the Justice Courts.
Justice Courts in all localities (affluent, poor, upstate, downstate,
urban and rural) face similar problems.
The Special Commission on the Future of the New York State Courts
(September, 2008) found that the core problem is that number, location,
funding, and operation of justice Courts bear little rational relation
to the actual needs of localities, litigants, taxpayers, counties or the
administration of justice in this state. Hundreds of justice Courts are
over funded while hundreds of others are seriously under funded. Current
law requires a separate Justice Court for over 660 towns and villages so
that there is no incentive or mechanism for courts to disband, consol-
idate, or share services/facilities. Although current law allows towns
to combine courts, none have done so because of political issues, For
example, many people feel that having a local court gives them more
control, and justices can be popular elected officials. These courts
also provide towns and villages with much needed revenues collected
through fines imposed by the court(s).
This legislation is a reform approach that retains the localities'
control and revenue stream while decreasing the current fragmentation of
the Justice Court system so that there is a stronger access to justice,
and modern, safe, facilities where justice can be dispensed.
Part A establishes a process to review and share Justice Courts, Part B
modernizes the Justice Court finance and governance systems. Part C
revises qualification, training, education, and experience requirements
for non-lawyer justices, and Part ID makes conforming technical changes
to statutes consistent with the reforms in this legislation. For
research purposes regarding the actions in this paragraph, please refer
to the NY Special Commission Justice Most Local Report.
PRIOR LEGISLATIVE HISTORY: A. 5647 of 2011/2012 A. 10945 of 2009/2010
FISCAL IMPLICATIONS: Local, county and state capital and operating
costs would be reduced immediately, and avoided in the future. The esti-
mate of cost savings and avoidance is in the millions (as presented in
the Report by the Special Commission on the Future of the New York State
courts; Justice Moot local: The Future of Towns and Village Courts in
New York State; September; 2008),
EFFECTIVE DATE: This act shall take effect immediately; provided,
however that the applicable effective date of Parts A through D of this
act shall be as specifically set forth in the last section of such
Parts.
