What's happening
This bill requires New York judges to issue decisions within specific timeframes or face disciplinary actions, including removal from office.
Why it matters
Establishes strict deadlines for judicial decisions. , aiming to ensure that parties in legal cases get timely resolutions, which could reduce uncertainty and legal costs for litigants.
Imposes real accountability on judges. persistent failure to issue decisions on time (more than five violations) leads to mandatory removal from office, while lesser violations can still result in disciplinary action. This could increase public trust in judicial efficiency but may also create pressure on judges.
Empowers court clerks and the oversight commission. , mandating automatic referral of late decisions and protecting clerks from judicial interference; this could shift internal court dynamics and make delays more transparent.
Includes exceptions for extraordinary circumstances or voluntary case transfers. , acknowledging situations where delays may be unavoidable, but otherwise sets a hard limit (including a two-year absolute maximum) to prevent indefinite delays.
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Who cares
Headline styles
Require Timely Judicial Decisions
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
344
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. STECK -- read once and referred to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to the timeliness of judicial decisions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 2-A of the judiciary law is amended by adding a new section 49 to read as follows:
§ 49. Timely judicial decisions. 1. A judge shall render decisions on motions and issue non-jury verdicts in a timely manner.
2. Timely is defined as being no later than nine months from the date the parties have fully submitted the matter for the judge's consideration.
3. The failure to make a timely decision shall be considered misconduct. The clerk of the court shall refer any untimely decisions to the commission for consideration of possible discipline of the judge.
4. A judge shall not interfere with the clerk's duty to transmit such information to the commission. Any such interference may subject a judge to removal from office.
5. The commission shall remove from office any judge found to be in violation of this section more than five times, and may issue such lesser penalties as it deems appropriate for less numerous violations.
6. A judge shall be removed from office for failure to render a decision on a motion or a non-jury verdict within two years from the date the parties have fully submitted the matter for the judge's consideration.
7. With respect to matters currently pending before a judge which have not been decided within the time limit set forth in subdivision six of this section, the judge shall have six months to render a timely decision. If a decision is not rendered within such time, all penalties set
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03375-01-9
A. 344 2
forth in this statute shall apply, including the penalty prescribed in subdivision six of this section.
8. A judge may be excused from compliance for extraordinary circumstances as such are determined by the commission or when a judge has requested that the chief administrative judge transfer the matter to another judge when he or she has a good faith basis for believing he or she cannot decide the matter in a timely fashion.
§ 2. This act shall take effect January 1, 2021.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.