Relates to the right of defendants in misdemeanor or felony cases to have such matter appear before a judge or justice admitted to practice law in New York; creates an automatic right to have a case reassigned to an attorney judge.
STATE OF NEW YORK
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9795
IN SENATE
April 6, 2026
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Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the uniform justice court act, in relation to the right
of defendants in misdemeanor or felony cases to have such matter
appear before a judge or justice admitted to practice law in New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The uniform justice court act is amended by adding a new
2 section 105-a to read as follows:
3 § 105-a. Election to proceed in certain criminal actions.
4 a. A defendant appearing in a justice court pursuant to an accusatory
5 instrument that charges a misdemeanor or felony may elect to proceed in
6 such matter only before a justice or judge admitted to practice law in
7 this state. Such election shall be by written instrument in a form
8 prescribed by the chief administrator of the courts and shall be filed
9 with such court not later than the completion of the first appearance at
10 which either the defendant makes a motion or such court decides a motion
11 made by the prosecutor, other than a motion in relation to any matter
12 specified in subdivision b of this section.
13 b. Notwithstanding an election pursuant to subdivision a of this
14 section, a justice or judge not admitted to practice law in this state
15 may arraign the defendant, enter a plea, vacate a plea entered by such
16 justice or judge, issue or modify a securing order, fix or modify bail,
17 assign counsel, conduct a proceeding pursuant to article one hundred
18 seventy or one hundred eighty of the criminal procedure law, issue a
19 temporary order of protection, or suspend a license or registration
20 pursuant to article twenty of the vehicle and traffic law.
21 c. The chief administrator shall promulgate rules to effectuate the
22 provisions of this section. Such rules shall ensure that defendants are
23 timely advised of the right of election established in this section and
24 that each case in which a defendant makes such an election is assigned
25 to a justice or judge admitted to practice law in this state with mini-
26 mum practicable delay and burden to the parties.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07874-01-5
S. 9795 2
1 § 2. This act shall take effect on the one hundred twentieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made on or
5 before such date.
