NY State Senate Bill 2009-S438

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2010	print number 438a
Mar 17, 2010	amend and recommit to judiciary
Jan 06, 2010	referred to judiciary
Jan 07, 2009	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S438 - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §182, Judy L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3139
2013-2014: S1926
2015-2016: S4135, S7362
2017-2018: S1248

2009-S438 - Summary

Establishes a second office of judge of the county court in the county of Chenango; provides for such judgeship to be filled at the general election to be held on November 2, 2010.

2009-S438 - Sponsor Memo

                                 BILL NUMBER:  S438

 TITLE OF BILL :
An act to amend the judiciary law, in relation to establishing a
second county court judgeship in the county of Chenango


 PURPOSE OR GENERAL IDEA OF BILL :
Provides for the new office of judge of the county court in the County
of Chenango and state that each county court judge in the County of
Chenango shall also act as and discharge the duties of county court
judge, judge of the family court and surrogate of such county.

 EXISTING LAW :
Provides for one county court judgeship in Chenango County.

 JUSTIFICATION :
Currently, a single judge presides over all Family, County (criminal
and civil), and Surrogate Courts for Chenango County. The caseload for
this Multi-Bench judge is tremendous. Rural areas are no longer immune
to the ravage of crime. The county has observed increases in burglary,
DWI offenses, drug use, domestic violence, and abuse, which have
created a large caseload that warrants the appointment of a second
judge. The caseload has made it increasingly difficult for the single
Multi-Bench judge to continue to process such a number of cases in a
timely and fair manner.

For the past six years, the Multi-Bench judge of Chenango County has
had more than double the typical caseload. The Family Court has seen a
78% increase in filings in the past eight years. The 4,746 cases seen
by the judge in 2006 were much higher than most caseloads seen by
judges who only handle Family Court, This swell has hurt the
timeliness of justice as it has forced the lead-time in Family Court
to grow from six weeks to eight to twelve weeks.

Additionally, the Multi-Bench judge of Chenango County has the highest
number of criminal cases in the small county category of New York.

Chenango County's need for this additional judgeship is crucial for
the justice system of the county. The need became so great that the
Cortland County's Multi-Bench judges came to the aid of Chenango
County in 2006.

 PRIOR LEGISLATIVE HISTORY :
S.4237 of 2004 Senate Judiciary Committee
S.2055 of 2005 Committed to Finance
S.3128 of 2008 Committed to Finance

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect January 1, 2010; provided however, that the
additional office of county judge created pursuant to this act shall
first be filled at the general election to be held on November 3,
2009.

2009-S438 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   438

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  LIBOUS, SEWARD -- 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 establishing a  second
  county court judgeship in the county of Chenango

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 182 of the judiciary law, as added
by chapter 699 of the laws of 1969, is amended to read as follows:
  8. Chenango, [one] TWO;
  S 2. A new office of judge of  the  county  court  of  the  county  of
Chenango is hereby established. Each county court judge in the county of
Chenango,  in  office  or  hereafter  elected,  shall  also  act  as and
discharge the duties of county court judge, judge of  the  family  court
and surrogate of such county.
  S  3.  This  act shall take effect January 1, 2010; provided, however,
that the additional office of county court  judge  created  pursuant  to
this  act  shall  first  be filled at the general election to be held on
November 3, 2009.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03677-01-9

co-Sponsors

2009-S438A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §182, Judy L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3139
2013-2014: S1926
2015-2016: S4135, S7362
2017-2018: S1248

2009-S438A (ACTIVE) - Summary

Establishes a second office of judge of the county court in the county of Chenango; provides for such judgeship to be filled at the general election to be held on November 2, 2010.

2009-S438A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S438A

 TITLE OF BILL :
An act to amend the judiciary law, in relation to establishing a
second county court judgeship in the county of Chenango


 PURPOSE OR GENERAL IDEA OF BILL :
Provides for the new office of judge of the county court in the County
of Chenango and state that each county court judge in the County of
Chenango shall also act as and discharge the duties of county court
judge, judge of the family court and surrogate of such county.

 EXISTING LAW :
Provides for one county court judgeship in Chenango County.

 JUSTIFICATION :
Currently, a single judge presides over all Family, County (criminal
and civil), and Surrogate Courts for Chenango County. The caseload for
this Multi-Bench judge is tremendous. Rural areas are no longer immune
to the ravage of crime. The county has observed increases in burglary,
DWI offenses, drug use, domestic violence, and abuse, which have
created a large caseload that warrants the appointment of a second
judge. The caseload has made it increasingly difficult for the single
Multi-Bench judge to continue to process such a number of cases in a
timely and fair manner.

For the past six years, the Multi-Bench judge of Chenango County has
had more than double the typical caseload. The Family Court has seen a
78% increase in filings in the past eight years. The 4,746 cases seen
by the judge in 2006 were much higher than most caseloads seen by
judges who only handle Family Court, This swell has hurt the
timeliness of justice as it has forced the lead-time in Family Court
to grow from six weeks to eight to twelve weeks.

Additionally, the Multi-Bench judge of Chenango County has the highest
number of criminal cases in the small county category of New York.

Chenango County's need for this additional judgeship is crucial for
the justice system of the county. The need became so great that the
Cortland County's Multi-Bench judges came to the aid of Chenango
County in 2006.

 PRIOR LEGISLATIVE HISTORY :
S.4237 of 2004 Senate Judiciary Committee
S.2055 of 2005 Committed to Finance
S.3128 of 2008 Committed to Finance

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect January 1, 2011; provided however, that the
additional office of county judge created pursuant to this act shall
first be filled at the general election to be held on November 2,
2010.

2009-S438A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 438--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  LIBOUS, SEWARD -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  recommitted  to  the  Committee on Judiciary in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the judiciary law, in relation to establishing a second
  county court judgeship in the county of Chenango

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 182 of the judiciary law, as added
by chapter 699 of the laws of 1969, is amended to read as follows:
  8. Chenango, [one] TWO;
  S  2.  A  new  office  of  judge  of the county court of the county of
Chenango is hereby established. Each county court judge in the county of
Chenango, in  office  or  hereafter  elected,  shall  also  act  as  and
discharge  the  duties  of county court judge, judge of the family court
and surrogate of such county.
  S 3. This act shall take effect January 1,  2011;  provided,  however,
that  the  additional  office  of county court judge created pursuant to
this act shall first be filled at the general election  to  be  held  on
November 2, 2010.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03677-02-0

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Senate Bill S438

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

2009-S438 - Details

2009-S438 - Summary

2009-S438 - Sponsor Memo

2009-S438 - Bill Text download pdf

co-Sponsors

2009-S438A (ACTIVE) - Details

2009-S438A (ACTIVE) - Summary

2009-S438A (ACTIVE) - Sponsor Memo

2009-S438A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Tom Libous

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

James L. Seward

2009-S438 - Details

2009-S438 - Summary

2009-S438 - Sponsor Memo

2009-S438 - Bill Text download pdf

co-Sponsors

James L. Seward

2009-S438A (ACTIVE) - Details

2009-S438A (ACTIVE) - Summary

2009-S438A (ACTIVE) - Sponsor Memo

2009-S438A (ACTIVE) - Bill Text download pdf

Comments