NY State Senate Bill 2009-S5138

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
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Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Apr 27, 2009	referred to judiciary

2009-S5138 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §§140-a & 182, Judy L; amd §131, Fam Ct Act; amd §2403, Chap 278 of 1958

2009-S5138 (ACTIVE) - Summary

Increases the number of certain judgeships in the county of Suffolk.

2009-S5138 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5138

 TITLE OF BILL :

An act to amend the judiciary law, the family court act and chapter
278 of the laws of 1958, constituting the Suffolk county charter, in
relation to increasing the number of certain judgeships in the county
of Suffolk


 PURPOSE :

To increase the number of certain judgeships in the county of Suffolk.

 SUMMARY OF PROVISIONS :

Adds ten additional judgeships in Suffolk County.

 JUSTIFICATION :

In 2005, the Unified Court System's Judicial Needs Analysis indicated
a need for additional judgeships in Suffolk County.

This legislation provides for:

Two Supreme Court Judgeships. In Suffolk County, the average number of

cases pending per judge, 575, is almost 30% higher than the outside
New York City rate; and the average number of cases over Standards and
Goals per judge, 135, is over 50% higher than the per judge average
for the courts outside of New York City. One to be elected 2009 and
one to be elected in 2010.

Four County Court Judgeships. The number of cases filed per judge in
Suffolk County Court is 299, exceeding the statewide disposition
average (per judge) of227. The number of pending cases per judge is
52, exceeding the outside New York City average of 38; and the per
judge number of cases over Standards and Goals, 9, is almost double
that of the average of outside New York City Courts. Two to be elected
in 2010 and two to be elected in 2011.

One District Court Judgeship. Suffolk District Court has 3,771 filings
per judge, which exceeds the average annual high volume city court
disposition rate of 3,633 cases. To be elected in 2009.

Three Family Court Judgeships. The number of cases filed annually in
Suffolk County Family Court is over 26,000. Given the statewide
average of 2,062 dispositions per judge, Suffolk County Family Court
requires three additional judges to handle this caseload. One to be
elected in 2010 and two to be elected in 2011.

As indicated, ten additional judgeships can be justified for Suffolk
County based on court workloads in Suffolk as compared to the rest of
the State.

 LEGISLATIVE HISTORY :

2005-06, S.8120; 2007-08 S.4298

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect August 1, 2009; provided, that:  1. the
additional justice of the supreme court and the additional district
court judge, provided for by sections one and seven of this act shall
first be elected at the general election to be held in November 2009
and shall first take office January 1, 2010;
2. Section two of this act shall take effect August 1, 2010;
3. The additional justice of the supreme court, the additional county
court judges and the additional family court judge provided for by
sections two, three and five of this act shall first be elected at the
general election to be held in November 2010 and shall first take
office January 1, 2011;
4. Sections four and six of this act shall take effect August 1, 2011;
5. The additional county court judges and the additional family court
judges provided for by sections four and six of this act shall first
be elected at the general election to be held in November 2011 and
shall first take office January 1, 2012.

2009-S5138 (ACTIVE) - Bill Text download pdf

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

                                  5138

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, the family court act and chapter  278
  of  the  laws  of  1958,  constituting  the Suffolk county charter, in
  relation to increasing the number of certain judgeships in the  county
  of Suffolk

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

  Section 1. Subdivision 10 of section 140-a of the  judiciary  law,  as
amended  by  chapter  209  of  the  laws  of 1990, is amended to read as
follows:
  10. Tenth district, [forty-seven] FORTY-EIGHT;
  S 2. Subdivision 10 of section 140-a of the judiciary law, as  amended
by section one of this act, is amended to read as follows:
  10. Tenth district, [forty-eight] FORTY-NINE;
  S 3. Subdivision 47 of section 182 of the judiciary law, as amended by
chapter 500 of the laws of 1982, is amended to read as follows:
  47. Suffolk, [eleven] THIRTEEN;
  S 4. Subdivision 47 of section 182 of the judiciary law, as amended by
section three of this act, is amended to read as follows:
  47. Suffolk, [thirteen] FIFTEEN;
  S  5.  Subdivision  (p)  of  section  131  of the family court act, as
amended by chapter 500 of the laws  of  1982,  is  amended  to  read  as
follows:
  (p)  In  the  county  of Suffolk there shall be [four] FIVE additional
family court judges making a total of [ten] ELEVEN family  court  judges
in such county. The number of such judges now existing in such county is
hereby increased accordingly. The compensation of each such family court
judge  shall  be  the  same as the compensation of existing family court
judges in such county.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11615-01-9

S. 5138                             2

  S 6. Subdivision (p) of section  131  of  the  family  court  act,  as
amended by section five of this act, is amended to read as follows:
  (p)  In  the  county of Suffolk there shall be [five] SEVEN additional
family court judges making a total of  [eleven]  THIRTEEN  family  court
judges  in  such  county. The number of such judges now existing in such
county is hereby increased accordingly. The compensation  of  each  such
family  court  judge  shall  be the same as the compensation of existing
family court judges in such county.
  S 7. Section 2403 of chapter 278 of the laws of 1958, constituting the
Suffolk county charter, as amended by chapter 339 of the laws  of  1990,
is amended to read as follows:
  S  2403.  Districts  and number of judges therein. The county district
court system shall be divided into judicial districts  as  follows:  The
entire  district  court  system  shall  constitute  the  first  judicial
district in which [one] TWO  district  court  [judge]  JUDGES  shall  be
elected. Each town electing to become part of the district court system,
including the three or more towns establishing the system, shall consti-
tute  another judicial district, provided, however, that any two or more
contiguous towns electing to become part of the  district  court  system
which  have  a  combined  total  population  of less than sixty thousand
according to the last census, shall constitute  one  judicial  district,
but  provided further, that if any of such towns shall thereafter attain
a population greater than thirty thousand, such  town  shall  constitute
another  judicial  district.  In  each  judicial district there shall be
elected one district court judge. The supervisors elected in  the  towns
comprising  the  first judicial district may, upon the recommendation of
the board of judges of the district courts, increase the number of judg-
es in all or any one of the districts provided that  such  new  judicial
post  or  posts  shall  be  filled  for  a full term at the next general
election held not less than three months after the creation thereof. For
the purpose of electing such judges and for the purpose  of  determining
the  boundaries  of  such districts, any city hereafter created from the
territory of any town shall be considered to be part of that town.
  Notwithstanding any provision herein, the  number  of  judges  of  the
district  court of the county shall be increased by  [one] TWO, making a
total of [twenty-four] TWENTY-FIVE judges for such  court.  [This]  SUCH
additional  [judge] JUDGES shall be elected in the FIRST AND fifth judi-
cial [district] DISTRICTS.
  S 8. This act shall take effect August 1, 2009; provided, that:
  1. the additional justice of the  supreme  court  and  the  additional
district court judge, provided for by sections one and seven of this act
shall  first  be  elected at the general election to be held in November
2009 and shall first take office January 1, 2010;
  2. section two of this act shall take effect August 1, 2010;
  3. the additional justice of the supreme court, the additional  county
court  judges  and  the  additional  family  court judge provided for by
sections two, three and five of this act shall first be elected  at  the
general election to be held in November 2010 and shall first take office
January 1, 2011;
  4. sections four and six of this act shall take effect August 1, 2011;
  5.  the additional county court judges and the additional family court
judges provided for by sections four and six of this act shall first  be
elected  at  the  general election to be held in November 2011 and shall
first take office January 1, 2012.

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Senate Bill S5138

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S5138 (ACTIVE) - Details

2009-S5138 (ACTIVE) - Summary

2009-S5138 (ACTIVE) - Sponsor Memo

2009-S5138 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2009-S5138 (ACTIVE) - Details

2009-S5138 (ACTIVE) - Summary

2009-S5138 (ACTIVE) - Sponsor Memo

2009-S5138 (ACTIVE) - Bill Text download pdf

Comments