Relates to the justice court efficiency and modernization act; repealer

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 civil and criminal justice systems, and are indis- pensable to ensuring proximate access to justice across the state, The Legislature therefore reaffirms New York State's three-century commit- ment 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 modern stand- ards for the safe and cost-effective administration of justice, and that necessary improvements to the justice court system can't timely or effi- ciently be achieved given the proliferation and independent adminis- tration 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 Article 22 of the uniform justice court act is repealed and a new article 22 is added and details local justice reform commissions, combination plans, commission procedure, transition provisions, and construction.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 focusing on justice court administration including fund- ing 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 provides for new age and educational quali- fications for town and village justices. Section 105-b provides residen- cy requirement for town and village justices. Section 105-c details the election to proceed in certain criminal actions. Subdivision (a) of section 105 of the uniform justice court act, as amended by chapter 250 of the laws of 1975, lays out town and village justice training require- ments.

Part D. Section 1. Section 102 of the uniform justice court act, as added by chapter 898 of the laws of 1966, is amended to describe the application of the law through system and process including (but not limited to} court seals; titles and powers of justices; 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 jurisdictions; transference of cases; collection of fees and fines; auditing provisions; stenographer in criminal proceedings; and definitions of Administrative Board, Admin- istrative Judge, Appellate Division; City Justice, Clerk, County, County Clerk, Court, Enforcement Officer, Municipal Board, Municipality, Rules, Town, Town Court, Town Justice, Village, Village Court, Village Justice; civil jurisdiction; criminal jurisdiction; duties of the Comptroller; fines, fees, moneys, penalties, and funds processing and systems, particularly in relation to state agencies such as the Department of Motor Vehicles, Office of Parks, Recreation, and Historic Preservation.

Justification

Justice Courts are the only local criminal courts presid- ing 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 Yorkers' 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 under fund-

ed by their sponsoring localities, which under current law, are respon- sible for the Justice Courts.

Justice Courts in all localities are facing similar problems, including rich, poor, upstate, downstate, urban, and rural.

The Special Commission on the Future of the New York State Courts (September, 2008) found that the core problem is that the number, location, funding, and operation of Justice Courts bear little rational relation to the actual needs of localities, litigants, taxpayers, coun- ties 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, consolidate, 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 he 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 (Refer to NY Special Commission Justice Most Local Report for details at httn://www.nycourtreform.orq/Justice Most Local Part1.pdf).

Part B modernizes the Justice Court finance and governance systems (Refer to NY Special Commission Justice Most Local Report for details at http://www.nycourtreform.org/Justice Most Local Part1.pdf).

Part C revises qualification, training, education, and experience requirements for non-lawyer justices (Refer to NY Special Commission Justice Most Local Report for details at http://www.nycourtreform.org/Justice Most Local Part1.pdf).

Part D makes conforming technical changes to statutes consistent with the reforms in this legislation (Refer to NY Special Commission Justice Most Local Report for details at http://www.nycourtreform.org/Justice Most Local Part1.pdf).

Prior legislative history

New legislation

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 of dollars (as presented in the Report by the Special Commission on the Future of the New York State Courts; Justice Moot Local: The Future of Tows and Village Courts in New York State; September; 2008)

EFFECTIVE DATE:S: 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.

Part A. This act shall take effect on the thirtieth day after this bill shall have become a law, provided that the chief administrator of the courts is authorized immediately to promulgate rules to enact the act's provisions.

Part B. This act shall take effect immediately.

Part C. This act shall take effect immediately, Provided that section one of this act shall take effect on the first day of January next succeeding the date on which this bill shall have become law.

Part D. This act shall take effect immediately.