Senate Bill S4674

                                BILL NUMBER:S4674A

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
S.3271 of 2009/2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect immediately.