Creates a separate office of surrogate in the county of Niagara

Title of bill

An act to amend the judiciary law, in relation to creating a separate office of surrogate in the county of Niagara

Purpose

To establish a new surrogate court judgeship in the county of Niagara.

Summary of provisions

Section 1 amends Judiciary Law section 185 adding Niagara County to the counties with separate offices of surrogate.

Sections 2 is the effective date.

Justification

Niagara County is the largest county in the state that does not have a sole sitting surrogate. Currently the 17th largest county in the state, Niagara County is the only county with a population over 200,000 that does not have at least two dedicated County Court Judges and an additional Surrogate's Court Judge. In addition, several smaller counties in the state have at least two separately sitting County Court Judges and a third sitting as a Surrogate. Currently, the overwhelming caseload for Surrogate's Court matters, is handled by an attorney designated as the Court's Referee/Hearing Officer that was originally hired to be the Court's Chief Clerk. The lack of a separately sitting Surrogate has been problematic for a number of reasons. First, the sitting county judges maintain a criminal court caseload that is among the highest for all criminal court judges in the Eighth Judicial District. Both judges have a current monthly arraignment level of approximately 60 new cases per month. Pursuant to records maintained by the Division of Criminal Justice Services, total disposition of felony cases in Niagara County have averaged 1300 cases per year over the last five years. On top of this felony caseload, both judges have additional County Court cases ranging from pistol permit hearings to lower court appeals, and from Article 81 hearings to Integrated Domestic Violence Court1 Matters. The judges simply cannot dedicate either their time or their chambers/courtroom staff to Surrogate's Court matters. Their entire chambers/courtroom staff are dedicated exclusively to County Court matters.

Legislative history

S.6445/A.9547 of 2006; Reported from Senate Judiciary to Senate Finance Committee S.1299 of 2007/2008; Reported from Senate Judiciary to Senate Finance Committee

Fiscal implications

To be determined.

Effective date

This act shall take effect August 1, 2009; provided, however, that the additional surrogate's court judgeship provided for by section one of this act shall first be elected at the general election to be held in November 2009 and shall first take office January 1, 2010.