Authorizes a judicial hearing officer to accept a guilty plea when assigned to conduct a trial

BILL NUMBER:S6672

Title of bill

An act to amend the criminal procedure law, in relation to authorizing a judicial hearing officer to accept a guilty plea when assigned to conduct a trial

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee.

This measure amends section 350.20 of the Criminal Procedure Law to authorize a judicial hearing officer to accept a guilty plea when authorized to hold a trial of a B misdemeanor.

Judicial hearing officers are retired judges appointed to perform certain designated judicial functions in civil and criminal courts pursuant to Article 22 of the Judiciary Law, thereby freeing judges to conduct more trials. People v. Scalza, 76 N.Y.2d 604, 608 (1990).

Section 350.20 of the Criminal Procedure Law authorizes a local criminal court to assign a judicial hearing officer to conduct a trial of a B misdemeanor upon consent of all parties to the criminal proceeding. When assigned to try the case, the judicial hearing officer has the same powers as a judge of the court in which the proceeding is pending. CPL 350.20(2). With respect to a trial of a B misdemeanor, section 350.20 provides that' the judicial hearing officer shall determine all questions of law, act as the exclusive trier of all issues of fact, and render a verdict. CPL 350.20(1).

It is not uncommon that after a case has been assigned to a judicial hearing officer under this provision, the defendant decides to plead guilty in lieu of proceeding to trial. The problem is that because section 350.20 does not expressly authorize a judicial hearing officer to accept a guilty plea, the matter must be returned to the judge from whom it originated for final disposition. The return of the case to the originating judge defeats the purpose of the original assignment, namely, to free the judge to dispose of matters involving more serious offenses.

This measure would authorize the judicial hearing officer to accept a guilty plea by amending section 350.20 to provide that a judicial hearing officer shall have jurisdiction over the proceeding as defined in sections 1.20(24) and 10.30(1) of the Criminal Procedure Law. Section 10.30(1) provides that local courts have trial jurisdiction of all offenses other than felonies. Section 1.20(24) provides that a criminal court's trial jurisdiction of an offense includes, among other things, the "authority to accept a plea to" the offense. In addition, this measure would amend section 380.10 of the

Criminal Procedure Law to provide that the sentencing procedure set forth in the Criminal Procedure Law applies to all offenses, including those adjudicated by judicial hearing officers.

By authorizing a judicial hearing officer to accept a guilty plea, this measure would enable the judicial hearing officer to fully dispose of the matter assigned to him or her.

This measure would have no fiscal impact upon the State. It would take effect on the first day of November next succeeding the date on which it shall have become a law.

Legislative history

None. New proposal.