BILL NUMBER:  S3271

 TITLE OF BILL :
An act to amend chapter 219 of the laws of 2002 amending the judiciary
law relating to the judicial hearing officer pilot program and the
powers of the chief administrator of the courts, in relation to making
the provisions of such chapter permanent


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation makes permanent the Judicial Hearing Officer pilot
program established by Chapter 219 of the Laws of 2002 in the family
courts of the seventh and eighth districts in the Fourth Judicial
Department to issue certain orders of protection and authorizes the
addition of referees.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of this measure makes Chapter 219 of the Laws of 2002
permanent.

 JUSTIFICATION :
This legislation makes permanent the judicial hearing officer pilot
program which provides much needed resources to the family courts of
Monroe and Erie counties, Chapter 219 of the Laws of 2002 authorized a
judicial hearing officer pilot project to ease a severe crisis in
judicial resources in seventh and eighth districts and improve
              

domestic violence victims' access to the court The judicial hearing
officers in the pilot program have provided the additional resources
necessary to be sure that domestic violence cases are heard without
delay which can be dangerous, even deadly for victims and their
children. In the annual report to the legislature and the governor,
the Chief Administrative Judge said that the judicial hearing officers
treated petitioners and their ex parte applications for orders of
protection as family court judges would. That is, justice was timely
and appropriate and affirmed by the final disposition of the case
Furthermore, lawyers, the judiciary and criminal justice all have
reacted well to the pilot program.

Monroe and Erie counties continue to see a high volume of cases which,
without the judicial hearing officer program, would overwhelm court
resources. This legislation therefore makes the program permanent.
The bill also includes referees appointed by the court. In Monroe
County judicial hearing officer's are few and becoming fewer as they
leave due to age.  Referees, like the judicial hearing officers in the
pilot program, will be trained about domestic violence and certified
by the presiding justice. They can provide qualified, experienced and
much needed resources for domestic violence in the family courts.

 PRIOR LEGISLATIVE HISTORY :
S.7262 of 2007/2008

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.