What's happening
This bill requires the Court of Appeals to provide copies of appellate briefs upon request, with victim information redacted in sexual assault cases.
Why it matters
Increases public access and transparency. By requiring the Court of Appeals to provide copies of appellate briefs upon request, the bill makes it easier for the public, journalists, and legal professionals to examine the arguments and legal reasoning presented in appellate cases.
Protects victims’ privacy in sensitive cases. The mandatory redaction of names and personal information in sexual assault cases balances transparency with the need to protect the identities and safety of victims, which could encourage more victims to come forward in the future.
Establishes a clear process for obtaining court documents. By formalizing the procedure (written request to the clerk), the bill reduces ambiguity and ensures a consistent method for the public to access these important legal documents.
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Who cares
Court of Appeals and clerk of the chief judge
The bill would require the court to provide copies of filed appellate briefs upon written request to the clerk and redact identifying information about sexual assault victims before release.
Reporters and legal researchers
They could obtain copies of briefs filed with the Court of Appeals by submitting a written request to the clerk of the chief judge.
Sexual assault victims
The bill would require removal of their names and personal identifying information from briefs before the court provides copies in cases involving a sexual assault offense.
Headline styles
Open Appellate Brief Access
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
508
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to production of appellate briefs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The judiciary law is amended by adding a new section 432-a to read as follows:
§ 432-a. Appellate briefs. The court of appeals shall provide, upon written request made to the clerk of the chief judge, a copy of any appellate briefs filed with the court. Prior to producing such documents, the court shall redact the name and any personal identifying information of any victim in a cause involving a sexual assault offense.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02105-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the judiciary law, in relation to production of appel- late briefs
Purpose
Provides public access to appellate briefs.
Summary of provisions
Section 1. Amends the judiciary law by adding a new section 432-a stat- ing the court of appeals shall provide a copy of any appellate brief filed with court upon request to the clerk of the chief judge. Any personal identifying information of a victim shall be redacted prior to providing the document.
Section 2. Sets forth the effective date.
Justification
Transparency in public trials is the foundation and bedrock of our judi- cial system. In some instances, briefs and matters of public interest, even after a public trial has been held, have been sealed and withheld by the court. The public deserves access to this information, as they do in all matters of public interest and this legislation will rectify these concerns while at the same time protecting the victim's identity.
Legislative history
2024 S.9157
Fiscal implications
EFFECTIVE DATE: Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.