Relates to the number of judges of the family court

3 Co-sponsors

• Tom Libous
• Betty Little
• James L. Seward

BILL NUMBER:S7722

Title of bill

An act to amend the family court act, in relation to the number of judges of the family court

Purpose of bill

This measure would amend the Family Court Act to establish 3 new Family Court judgeships.

Summary of provisions of bill

Section 1: Would amend § 121 of the Family Court Act to increase the number of Family Court Judges in the City of New York from 47 to 56.

Section 2: Would amend § 131 of the Family Court Act to increase the number of Family Court Judges, each by one, in the following counties: Albany, Broome, Chautauqua, Erie, Monroe, Nassau, Oneida, Oswego, Schenectady, Suffolk and Westchester.

Section 3: Would amend § 131 of the Family Court Act to increase the number of Family Court Judges, each by one, in the following counties: Delaware, Franklin and Warren.

Effects of present law which this bill would alter

Amends § 121 and § 131 of the Family Court Act.

Justification

This measure would amend the Family Court Act to establish 20 new Family Court judgeships, as follows:

* In New York City, nine new judgeships, effective January 1, 2015.

* Outside New York City, one new judgeship in each of the following 11 counties, effective January 1, 2015 (with each judgeship first being filled at the November 2014 general election): Albany, Broome, Chautauqua, Erie, Monroe, Nassau, Oneida, Oswego, Schenectady, Suffolk and Westchester. Further, effective January 1, 2016 (with each judgeship first being filled at the November 2015 general election): Delaware Franklin and Warren.

While the past several decades have seen increasing legislative recognition of the needs of children and families in New York, in the form of landmark statutes promoting child permanency and enhancing family justice, these salutary efforts have not been matched by provision for a corps of Family Court Judgeships sufficiently large to meet the greater caseloads and complexity of proceedings in our courts today. The consequences of this neglect, if not attended to soon, will be disturbing, indeed heartbreaking - and utterly unacceptable: justice delayed for children and families whose safety and welfare can require immediate intervention, children growing up in foster care instead of permanent homes, children graduating from Family Court to Criminal Court instead of high school and college, missed opportunities and spiraling inefficiency for juvenile and legal defense agencies.

This measure will go a long way toward redressing this unintended and lamentable condition. If enacted, it would represent the first major infusion of new Family Court Judges in New York in over three decades and begin to provide the State's family justice system with the resources needed to protect the most vulnerable members of our community.

Legislative history

New bill, 2014.

Fiscal implications for state and local governments

$5 million for the period from January 1, 2015 through March 31, 2015.

Effective date

Immediately, provided that the additional Family Court Judges provided by § 2 shall first be elected at the general election to be held in November 2014, and shall first take office January 1, 2015, provided further that the additional Family Court Judges provided by § 3 shall first be elected at the general election to be held in November 2015, and shall first take office January 1, 2016.