NY State Senate Bill 2011-S4596

Senate Bill S4596

2011-2012 Legislative Session

Increases the number of city court judges in certain cities and sets forth the annual salary for such city court judges

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Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2012	print number 4596b
May 24, 2012	amend and recommit to finance
May 15, 2012	reported and committed to finance
Feb 17, 2012	print number 4596a
Feb 17, 2012	amend and recommit to judiciary
Jan 04, 2012	referred to judiciary
May 03, 2011	reported and committed to finance
Apr 13, 2011	referred to judiciary

Votes

- May 15, 2012 - Judiciary Committee Vote
  S4596
  
  19
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 15, 2012
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Krueger
      
      Lanza
      
      Little
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Ranzenhofer
      
      Saland
      
      Serrano
      
      Stavisky
      
      Zeldin
      
      aye wr (4)
      
      Adams
      
      Gianaris
      
      LaValle
      
      Squadron
  May 3, 2011 - Judiciary Committee Vote
  S4596
  
  19
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 3, 2011
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Saland
      
      Serrano
      
      Stavisky
      
      Zeldin
      
      nay (1)
      
      Ranzenhofer
      
      aye wr (3)
      
      Adams
      
      Gianaris
      
      Squadron

Bill Amendments

Original

B (Active)

2011-S4596 - Details

See Assembly Version of this Bill:: A7207
Current Committee:: Senate Finance
Law Section:: Uniform City Court Act
Laws Affected:: Amd §2104, UCCA; amd §221-i, Judy L
Versions Introduced in 2009-2010 Legislative Session:: S5807, A8976

2011-S4596 - Summary

Increases the number of city court judges in certain cities and sets forth the annual salary for such city court judges.

2011-S4596 - Sponsor Memo

                                BILL NUMBER:S4596

TITLE OF BILL:
An act to amend the uniform city court act and the judiciary law, in
relation to judges of city courts

This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge upon the recommendation of
the latter's Ad Hoc City Court Advisory Committee. It proposes modifica-
tions in many City Court judgeships including, in some instances,
conversion of part-time positions to full-time status. It is a follow-up
to similar legislation enacted in 1988, 1995, 2001 and 2006.

I. PROPOSAL

For more than 30 years following the State takeover of local court fund-
ing (see L.  1976, c. 966; Judiciary Law § 39), the Judiciary and the
Legislature have collaborated closely to ensure that the structure and
resources of the State's 61 City Courts outside New York City are well-
suited to community needs. Every four or five years, this Office, with
the assistance of a committee of sitting City Court judges represen-
tative of all regions of the State and courts of varying sizes, under-
takes a detailed study of City Court operations around the State. This
study produces a series of recommendations for reform, which then are
passed on to the Legislature for its approval(1).

Originally intended as a means by which to permit the Legislature fairly
to determine applications by individual city courts for judgeship
upgrades in light of their new status as State courts, this collab-
oration has grown increasingly more important as the years have gone by
and the City Courts have taken on more prominent and more complex roles
in the criminal justice system. Today, in 2009, these courts are on the
front-line of that system. Along with the Justice Courts, they preside
over nearly all preliminary felony proceedings brought outside New York
City and oversee the prosecution of most of the region's quality of life
offenses. As importantly, City Courts have become a central focus in the
State's twin battles against drug crime and family violence. Across the
State, many of them have been designated as regional Drug Courts to
preside over drug prosecutions commenced both in their respective cities
and in surrounding towns and villages, refashioning the paradigm for
drug crime adjudication and contributing mightily to significant
reductions in recidivism and public expense that judicially-supervised
treatment methodologies - the hallmark of Drug Courts - can offer.  At
the same time, some City Courts have been designated as Domestic
Violence courts giving them critical responsibility for superintending
community response to family violence. Other City Courts have taken on
other specialized responsibilities, such as presiding over mental health
and teen parts, requiring them to go well beyond the traditional passive
roles expected of the local criminal courts.

Notably, what ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile lives held
in the balance. In these specialized courts, people who have committed
what typically are low-level offenses appear to be judged, and the
court's ability to do this wisely and creatively can often be the
difference between a productive, law-abiding life and one marked by
greater and more serious crimes.

Even while City Court judges serve these critical roles in the criminal
and family justice arenas, they also must oversee all landlord and
tenant litigation in their communities, as well as all small claims and
commercial claims cases. Moreover, those who are full-time will some-
times be assigned temporarily to service on County or Family Court where
caseload conditions in those courts are such that added judicial
resources are needed.

In short, more so perhaps than as to any other court in our trial court
system, it is vital that City Courts be maintained in a state of maximum
preparedness to cope with their caseloads. As it now is six years since
the Judiciary last reported on the needs of the City Courts and three
years since the last comprehensive legislative action with respect to
these courts, we have commissioned another ad hoc advisory committee to
study the City Courts and to make recommendations for any needed changes
in their structure. This committee has met over the course of the last
year and now has filed its report and recommendations with us.

This measure would give effect to these recommendations. They include:

* Increase allocations of four regular part-time judgeships and convert
ten such judgeships to full-time status:
Current law provides for one or more part-time City Court judges in 50
City Courts. See Uniform City Court Act § 2104(c). In some instances,
these judges are intended to supplement the work of the full-time City
Court judge or judges of the court. In other Courts, where there are no
full-time City Court judges, they perform all the judicial work. In all
cases, these part-time judges are compensated in accordance with a sala-
ry scale first fixed by the Legislature in 1984. Under this scale, as it
operates today, part-time judges are compensated for their service in an
amount equal to one-quarter or one-half the salary of a full-time judge.
See Judiciary Law §221-i. The rate for each position has been fixed in
accordance with prevailing views as to the level of regular service that
properly can be expected of the judge that fills it (2).

As the Legislature already has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally, to
change the status of a City Court judgeship from part-time to full-time.
In many instances, changes in local demographics or, more recently, the
nature of the court's workload (e.g., its assumption of specialty court
responsibilities - responsibilities that magnify its normal workload
exponentially) moot the expectations that were the foundation for a City
Court's judgeship allocation. In most instances, that allocation was the
product of another, past generation, and instituted when caseloads were

smaller and local governments had to bear the costs of City Court oper-
ations.  It does not reflect the reality of those operations in 2009.
Accordingly, as we have done in the past, we now propose a slate of
judgeship adjustments that will bring the City Courts up to date (see
Appendix A for a list). These adjustments include upgrades for selected
one-quarter salaried judgeships and conversion of some 10 part-time
judgeships to full-time status (3).

* Establish new full-time judgeships:
In past submissions of this nature, we have proposed creation of new
judgeships for selected City Courts. In some instances, court workloads
have been such that upgrades in existing judgeships are neither possible
or impractical.  Thus, over the years, we've asked the Legislature to
establish new judgeships in Syracuse, Albany, Schenectady, Buffalo and
Rochester - and the Legislature has complied. In this measure, we do so
again, and for the same reason, in the cities of Buffalo, Newburgh, Troy
and Yonkers.

* Expand residency requirement:
Under present law, the general rule is that each City Court judge must
reside in the city in which he or she serves. There are numerous
exceptions to this rule, however. In venues where experience has demon-
strated that it is difficult to find a sufficient pool of lawyers will-
ing to serve on City Court, the Legislature, with the agreement of local
officials, has expanded the residency requirement, typically to permit
the judge of a City Court in one of those venues to reside anywhere in
the surrounding county.  This measure would add to the list of
exceptions the City Court of Watervliet. There, local officials have
expressed a wish that the residency rule permit any resident of Albany
County to be eligible to serve in one of the two judgeships allocated to
the Court.

* Change from appointive to elective status for the appointive judge-
ships in Ithaca and Lockport:
A preponderance of the State's 163 City Court judges are elected.  The
remainder are appointed by City Mayors. This year, at local request -
i.e., at the request of the mayor and City Court judges of each affected
City - we are asking that two of the existing appointive positions be
converted to elective.

II. PROCESS

The Committee's recommendations for City Court judicial personnel
reflect not only the Committee's consideration of a series of objective
criteria but also a process of statewide consultation with mayors, judg-
es and other stakeholders in the justice system.  Among the quantitative
factors the Committee considered in determining the proper allocation of
City Court judgeships are:

* Caseloads - including total cases, cases per capita, and annual civil,
criminal misdemeanor and criminal felony caseload growth trends;

* Demographics - including population changes, economic factors and
crime predictor data that may presage future caseloads;

* Judicial resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court and Domestic Violence
Court cases) that are resource intensive, the availability of other
judges in the affected City Court and other City Courts in the county,
and the need to temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and

* Facilities - including the suitability and sufficiency of existing
courtrooms and other facilities to accommodate the proposed new and
expanded judgeships.

As in the early 1980's, 1994, 1998 and 2003, we offer this proposal
confident that it will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice in
urban communities across New York State. Along with members of our Ad
Hoc Committee, we urge enactment of this measure and look forward to
working with the Legislature to ensure the continued vitality of New
York State's local justice system.

This measure will take effect on April 1, following its enactment.
Accordingly, it will have no fiscal impact on the State in FY 2011-12.

2009-2010 LEGISLATIVE HISTORY:

Senate    5807-B (Sampson)    Passed
Assembly  8976-A (Canestrari) Reported Referred to Ways & Means

FOOTNOTES:
(1) As noted, the Legislature has approved these submissions in the
past. In 1984, it approved a uniform salary structure for part-time
City Court judges. L. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in
favor of a single enabling court statute in the Uniform City Court
Act, institution of a uniform $15,000 jurisdictional ceiling, merger
of multiple courts into a single court in those cities having
bifurcated or trifurcated court structures, creation of some new
full-time judgeships, conversion of some part-time judgeships to
full-time status and upgrades in the status of other part-time
judgeships. L. 1988, c. 397. In 1995, the Legislature again approved
recommendations calling for
creation of new judgeships and conversion and upgrading of others. L.
1995, c. 463. In 1998 and 1999, the Legislature approved another
recommendation - this one calling for amendment of section 26 of
Article VI of the State Constitution to permit full-time City Court
judges to be assigned to temporary service on County and Family
Courts. In 2001, the Legislature approved another package of
recommendations calling for creation of new judgeships and conversion

and upgrading of others. L. 2001, c. 584. All of these
recommendations were the product of ad hoc committees of City Court
judges assembled by the Judiciary in the early-1980's, 1994, 1998 and
2003, respectively. Most recently, the Legislature approved
recommendations yielding creation of further new judgeships and
conversion and upgrading of many others - including elimination of
the position of Acting City Court Judge.

(2) This salary range is between $27,200 and $54,400. While there is no
specific statutory direction that the actual amount of service given
by each judge, as a percentage of his or her work week, correspond to
the fraction of full-time service represented by his or her
compensation, it has informally been the administrative practice over
the years to expect that that be so.

(3) Persons holding the office of full-time City Court judge are not
permitted to practice law.
Note that, prior to filing this measure with the Legislature, all
proposed changes in judgeships were shared with all City Mayors and
City Court judges across the State. All changes are submitted with
the approval of the Mayors and judges of each city affected.

APPENDIX A
TABLE OF CHANGES
City          Present      Proposed
              Allocation   Allocation       When Change Effective

Albany        4FT          5FT              4/1/12
              1PT(1/2)

Amsterdam     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Auburn        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Batavia       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Beacon        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Binghamton    2FT          2FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Buffalo       13FT         14FT             1/1/13

Canandaigua   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cohoes        2PT(1/2)     2PT(1/2)         NO CHANGE

Corning       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cortland      1FT          1FT              4/1/12
              1PT(1/4)     1PT(1/2)

Dunkirk       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Elmira        2FT          2FT              NO CHANGE

Fulton        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Geneva        1PT(1/2)     1PT(1/2)         NO CHANGE
              2PT(1/4)     2PT(1/4)

Glen Cove     2PT(1/2)     2PT(1/2)         NO CHANGE

Glens Falls   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Gloversville  1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Hornell       1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Hudson        1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Ithaca        1FT          2FT              4/1/12
              1PT(1/2)

Jamestown     1FT          2FT              4/1/12
              1PT(1/2)

Johnstown     1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Kingston      1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Lackawanna    1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Little Falls  2PT(1/4)     2PT(1/4)         NO CHANGE

Lockport      1FT          2FT              4/1/12
              1PT(1/2)

Long Beach    2FT          2FT              NO CHANGE

Mechanic-
ville         2PT(1/4)     2PT(1/4)         NO CHANGE

Middletown    1FT          2FT              4/1/12
              1PT(1/2)

Mt. Vernon    3FT          3FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Newburgh      2FT          3FT              1/1/13

New
Rochelle      2FT          3FT              4/1/12
              1PT(1/2)

Niagara Falls 4FT          4FT              NO CHANGE

N. Tonawanda  1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Norwich       1PT(1/2)     1FT              4/1/12
              1PT(1/4)     1PT(1/4)

Ogdensburg    1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Olean         1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Oneida        1PT(1/2)     1FT              4/1/12
              1PT(1/4)     1PT(1/4)

Oneonta       1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Oswego        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Peekskill     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Plattsburgh   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Port Jervis   1PT(1/2)     1PT (1/2         4/1/12
              1PT(1/4)     1PT(1/2)

Poughkeepsie  2FT          2FT              NO CHANGE

Rensselaer    1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Rochester     9FT          9FT              NO CHANGE

Rome          1FT          2FT              4/1/12
              1PT(1/4)

Rye           1FT          1FT              4/1/12
              1PT(1/4)     1PT(1/2)

Salamanca     2PT(1/4)     1PT(1/2)         4/1/12
                           1PT(1/4)

Saratoga      1FT          2FT              4/1/12
Springs       1PT(1/2)

Schenectady   3FT          3FT              NO CHANGE

Sherrill      1PT(1/4)     1PT(1/4)         NO CHANGE

Syracuse      8FT          8FT              NO CHANGE

Tonawanda     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Troy          1FT          2FT              1/1/13
              1PT(3/4)     1PT(3/4)

Utica         3FT          3FT              NO CHANGE

Watertown     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Watervliet    1PT(1/2)     2PT(1/2)         4/1/12
              1PT(1/4)

White Plains  3FT          4FT              4/1/12
              1PT(1/2)     1PT(1/2)

Yonkers        6FT         7FT              1/1/13

2011-S4596 - Bill Text download pdf

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

                                  4596

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the uniform city court act and the judiciary law, in
  relation to judges of city courts

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

  Section  1.  Paragraph  1  of  subdivision  (b) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws  of  2006,
is amended to read as follows:
  (1) be an attorney admitted to practice law in this state for at least
five  years as of the date he or she commences the duties of office, and
be a resident of the city in which he or she is  elected  or  appointed,
except that the judges of the Sherrill city court may reside anywhere in
either  Oneida  or  Madison counties, the city court judge who serves in
the office that formerly was that of acting judge  of  the  Oneida  city
court may reside anywhere in Madison county, the judges of the Peekskill
city  court  may  reside  anywhere in Westchester county, the city court
judge who serves in the office that formerly was that of acting judge of
the Port Jervis city court may reside anywhere  in  either  Sullivan  or
Orange counties, the judges of the Hudson city court may reside anywhere
in  Columbia  county, the city court judge who serves in the office that
formerly was that of acting judge of the Mechanicville  city  court  may
reside  anywhere  in  Saratoga county, the judges of the Ogdensburg city
court may reside anywhere in St. Lawrence  county,  the  judges  of  the
Rensselaer  city  court may reside anywhere in Rensselaer county and one
judge of the Cohoes city court AND THE CITY COURT JUDGE  WHO  SERVES  IN
THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09903-03-1

S. 4596                             2

  S 2. Subdivision (d) of section 2104 of the uniform city court act, as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  (d)  The  number  of judges of the city court in each city shall be as
provided herein. Full-time judgeships are  specifically  so  designated,
all others are part-time:
   Par.   Name of city
   1    Albany, [four] FIVE full-time [and one part-time];
   2    Amsterdam, one full-time and one part-time;
   3    Auburn, one full-time and one part-time;
   4    Batavia, one full-time and one part-time;
   5    Beacon, one full-time and one part-time;
   6    Binghamton, two full-time and one part-time;
   7    Buffalo, [thirteen] FOURTEEN full-time;
   8    Canandaigua, one full-time and one part-time;
   9    Cohoes, two;
   10   Corning, one full-time and one part-time;
   11   Cortland, one full-time and one part-time;
   12   Dunkirk, one full-time and one part-time;
   13   Elmira, two full-time;
   14   Fulton, one full-time and one part-time;
   15   Geneva, three;
   16   Glen Cove, two;
   17   Glens Falls, one full-time and one part-time;
   18   Gloversville, one full-time and one part-time;
   19   Hornell, two;
   20   Hudson, two;
   21   Ithaca, [one] TWO full-time [and one part-time];
   22   Jamestown, [one] TWO full-time [and one part-time];
   23   Johnstown, two;
   24   Kingston, one full-time and one part-time;
   25   Lackawanna, one full-time and one part-time;
   26   Little Falls, two;
   27   Lockport, [one] TWO full-time [and one part-time];
   28   Long Beach, two full-time;
   29   Mechanicville, two;
   30   Middletown, [one] TWO full-time [and one part-time];
   31   Mount Vernon, three full-time and one part-time;
   32   Newburgh, [two] THREE full-time;
   33   New Rochelle, [two] THREE full-time [and one part-time];
   34   Niagara Falls, four full-time;
   35   North Tonawanda, one full-time and one part-time;
   36   Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
   37   Ogdensburg, one full-time and one part-time;
   38   Olean, one full-time and one part-time;
   39   Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
   40   Oneonta, two;
   41   Oswego, one full-time and one part-time;
   42   Peekskill, one full-time and one part-time;
   43   Plattsburgh, one full-time and one part-time;
   44   Port Jervis, two;
   45   Poughkeepsie, two full-time;
   46   Rensselaer, two;
   47   Rochester, nine full-time;
   48   Rome, [one] TWO full-time [and one part-time];
   49   Rye, one full-time and one part-time;

S. 4596                             3

   50   Salamanca, two;
   51   Saratoga Springs, [one] TWO full-time [and one part-time];
   52   Schenectady, three full-time;
   53   Sherrill, one;
   54   Syracuse, eight full-time;
   55   Tonawanda, one full-time and one part-time;
   56   Troy, [one] TWO full-time and one part-time;
   57   Utica, three full-time;
   58   Watertown, one full-time and one part-time;
   59   Watervliet, two;
   60   White Plains, [three] FOUR full-time [and one part-time];
   61   Yonkers, [six] SEVEN full-time.
  S  3.  Subparagraph  (i)  of paragraph 1 of subdivision (e) of section
2104 of the uniform city court act, as amended by  chapter  493  of  the
laws of 2006, is amended to read as follows:
  (i)  by  the  mayor of the city for which the court on which he or she
will serve has been established, with the advice and consent of the city
council: part-time city court judge  of  Beacon,  part-time  city  court
judge of Corning, part-time city court judge of Cortland, part-time city
court judge of Gloversville, city court judge of Glen Cove who serves in
the office that on June first, two thousand one was an appointive office
pursuant  to  this  subparagraph, [part-time city court judge of Ithaca,
part-time] city court judge of Jamestown WHO SERVES IN THE  OFFICE  THAT
ON  JANUARY FIRST, TWO THOUSAND ELEVEN WAS AN APPOINTIVE OFFICE PURSUANT
TO THIS SUBPARAGRAPH, part-time city court judge of  Olean,  city  court
judges of Plattsburgh, city court judge of Port Jervis who serves in the
office that formerly was that of acting city court judge of Port Jervis,
city  court  judges  of Rye, city court judge of Salamanca who serves in
the office that formerly was that of acting city court judge of Salaman-
ca and the part-time city court judge of Watertown.
  S 4. The opening paragraph of subparagraph (iii)  of  paragraph  1  of
subdivision  (e)  of  section  2104  of  the  uniform city court act, as
amended by chapter 493 of the laws  of  2006,  is  amended  to  read  as
follows:
  by  the  mayor of the city for which the court on which he or she will
serve has been established: part-time city court  judge  of  Binghamton,
city  court  judges  of  Cohoes,  part-time city court judge of Dunkirk,
part-time city court judge of Fulton, city court  judge  of  Geneva  who
serves  in  the office that formerly was that of acting city court judge
of Geneva, city court judge of Hornell who serves  in  the  office  that
formerly  was  that  of  acting  city court judge of Hornell, city court
judge of Hudson who serves in the  office  that  formerly  was  that  of
acting  city  court judge of Hudson, part-time city court judge of King-
ston, part-time city court judge of  Lackawanna,  city  court  judge  of
Little  Falls  who serves in the office that formerly was that of acting
CITY court judge of Little Falls, [part-time city court judge  of  Lock-
port,]  city  court judge of Mechanicville who serves in the office that
formerly was that of acting city court judge  of  Mechanicville,  [part-
time]  city  court  judge of Middletown WHO SERVES IN THE OFFICE THAT ON
JANUARY FIRST, TWO THOUSAND ELEVEN WAS PART-TIME, part-time  city  court
judge  of  Mount  Vernon,  [part-time]  city court [judge] JUDGES of New
Rochelle [and full-time city court judge of such city who serves in  the
office  created  during  the calendar year commencing January first, two
thousand one] WHO SERVE IN OFFICES THAT ON JANUARY FIRST,  TWO  THOUSAND
ELEVEN  WERE APPOINTIVE OFFICES PURSUANT TO THIS SUBPARAGRAPH, part-time
city court judge of North  Tonawanda,  part-time  city  court  judge  of

S. 4596                             4

Ogdensburg,  city  court  judge  of Oneida who serves in the office that
[formerly was that of acting city court  judge  of  Oneida]  ON  JANUARY
FIRST,  TWO  THOUSAND  ELEVEN  WAS AN APPOINTIVE OFFICE PURSUANT TO THIS
SUBPARAGRAPH,  city court judge of Oneonta who serves in the office that
formerly was that of acting city court judge of Oneonta, part-time  city
court  judge  of  Oswego,  city court judges of Poughkeepsie, city court
judge of Rensselaer who serves in the office that formerly was  that  of
acting  city  court judge of Rensselaer, [part-time] city court judge of
Saratoga Springs WHO SERVES IN THE OFFICE THAT  ON  JANUARY  FIRST,  TWO
THOUSAND  ELEVEN WAS AN APPOINTIVE OFFICE PURSUANT TO THIS SUBPARAGRAPH,
part-time city court judge of Tonawanda and city court judge of  Waterv-
liet  who  serves  in  the  office that formerly was that of acting city
court judge of Watervliet.   Provided, however,  the  following  special
provisions shall be applicable in the city of Poughkeepsie:
  S  5. Section 221-i of the judiciary law, as amended by chapter 493 of
the laws of 2006, is amended to read as follows:
  S 221-i. Salary of judges of the city courts outside the city  of  New
York.  The  annual salary of each judge of a city court outside the city
of New York shall be as follows (where this section  provides  different
salaries for judicial positions on the same court having the same title,
the  greater  salary  shall be paid the person holding the position paid
the greater salary on the day immediately preceding  the  day  on  which
such salaries took effect):

City                Title

Albany              City Court Judge (FT)              113,900
[Albany             City Court Judge                   54,400]
Amsterdam           City Court Judge (FT)              108,800
Amsterdam           City Court Judge                   27,200
Auburn              City Court Judge (FT)              108,800
Auburn              City Court Judge                   [27,200] 54,400
Batavia             City Court Judge (FT)              108,800
Batavia             City Court Judge                   27,200
Beacon              City Court Judge (FT)              108,800
Beacon              City Court Judge                   27,200
Binghamton          City Court Judge (FT)              108,800
Binghamton          City Court Judge                   54,400
Buffalo             Chief Judge (FT)                   115,100
Buffalo             City Court Judge (FT)              113,900
Canandaigua         City Court Judge (FT)              108,800
Canandaigua         City Court Judge                   27,200
Cohoes              City Court Judge                   54,400
Corning             City Court Judge (FT)              108,800
Corning             City Court Judge                   27,200
Cortland            City Court Judge (FT)              108,800
Cortland            City Court Judge                   [27,200] 54,400
Dunkirk             City Court Judge (FT)              108,800
Dunkirk             City Court Judge                   27,200
Elmira              City Court Judge (FT)              108,800
Fulton              City Court Judge (FT)              108,800
Fulton              City Court Judge                   27,200
Geneva              City Court Judge                   54,400
Geneva              City Court Judge                   27,200
Glen Cove           City Court Judge                   54,400
Gloversville        City Court Judge (FT)              108,800

S. 4596                             5

Gloversville        City Court Judge                   27,200
Glens Falls         City Court Judge (FT)              108,800
Glens Falls         City Court Judge                   27,200
Hornell             City Court Judge                   54,400
Hornell             City Court Judge                   27,200
Hudson              City Court Judge                   54,400
Hudson              City Court Judge                   27,200
Ithaca              City Court Judge (FT)              108,800
[Ithaca             City Court Judge                   54,400]
Jamestown           City Court Judge (FT)              108,800
[Jamestown          City Court Judge                   54,400]
Johnstown           City Court Judge                   54,400
Johnstown           City Court Judge                   27,200
Kingston            City Court Judge (FT)              108,800
Kingston            City Court Judge                   54,400
Lackawanna          City Court Judge (FT)              108,800
Lackawanna          City Court Judge                   54,400
Lockport            City Court Judge (FT)              108,800
[Lockport           City Court Judge                   54,400]
Long Beach          City Court Judge (FT)              118,300
Little Falls        City Court Judge                   27,200
Mechanicville       City Court Judge                   27,200
Middletown          City Court Judge (FT)              108,800
[Middletown         City Court Judge                   54,400]
Mount Vernon        City Court Judge (FT)              118,300
Mount Vernon        City Court Judge                   54,400
Newburgh            City Court Judge (FT)              108,800
Niagara Falls       Chief Judge (FT)                   115,100
Niagara Falls       City Court Judge (FT)              113,900
Norwich             City Court Judge (FT)              [54,400] 108,800
Norwich             City Court Judge                   27,200
New Rochelle        City Court Judge (FT)              118,300
[New Rochelle       City Court Judge                   54,400]
North Tonawanda     City Court Judge (FT)              108,800
North Tonawanda     City Court Judge                   54,400
Ogdensburg          City Court Judge (FT)              108,800
Ogdensburg          City Court Judge                   27,200
Olean               City Court Judge (FT)              108,800
Olean               City Court Judge                   27,200
Oneida              City Court Judge (FT)              [54,400] 108,800
Oneida              City Court Judge                   27,200
Oneonta             City Court Judge                   54,400
Oneonta             City Court Judge                   27,200
Oswego              City Court Judge (FT)              108,800
Oswego              City Court Judge                   27,200
Peekskill           City Court Judge (FT)              108,800
Peekskill           City Court Judge                   54,400
Poughkeepsie        City Court Judge (FT)              108,800
Plattsburgh         City Court Judge (FT)              108,800
Plattsburgh         City Court Judge                   27,200
Port Jervis         City Court Judge                   54,400
[Port Jervis        City Court Judge                   27,200]
Rensselaer          City Court Judge                   54,400
Rensselaer          City Court Judge                   27,200
Rochester           Chief Judge (FT)                   115,100
Rochester           City Court Judge (FT)              113,900

S. 4596                             6

Rome                City Court Judge (FT)              113,900
[Rome               City Court Judge                   54,400]
Rye                 City Court Judge (FT)              108,800
Rye                 City Court Judge                   [27,200] 54,400
Salamanca           City Court Judge                   54,400
SALAMANCA           CITY COURT JUDGE                   27,200
Saratoga Springs    City Court Judge (FT)              108,800
[Saratoga Springs   City Court Judge                   54,400]
Schenectady         City Court Judge (FT)              108,800
Sherrill            City Court Judge                   27,200
Syracuse            Chief Judge (FT)                   115,100
Syracuse            City Court Judge (FT)              113,900
Tonawanda           City Court Judge (FT)              108,800
Tonawanda           City Court Judge                   54,400
Troy                City Court Judge (FT)              113,900
Troy                City Court Judge                   81,600
Utica               Chief Judge (FT)                   115,100
Utica               City Court Judge (FT)              113,900
Watertown           City Court Judge (FT)              108,800
Watertown           City Court Judge                   27,200
Watervliet          City Court Judge                   54,400
[Watervliet         City Court Judge                   27,200]
White Plains        City Court Judge (FT)              116,800
[White Plains       City Court Judge                   54,400]
Yonkers             Chief Judge (FT)                   119,500
Yonkers             City Court Judge (FT)              118,300
  S  6.  Transition.  Notwithstanding  any  other  provision of law, for
purposes of this act:
  (a) On the effective date of this section:
  (i) each of the following part-time judgeships shall be abolished  and
replaced  by  a  full-time  judgeship: the part-time city court judge of
Albany, the part-time city court judge of  Ithaca,  the  part-time  city
court  judge  of  Jamestown, the part-time city court judge of Lockport,
the part-time city judge of Middletown, the part-time city  court  judge
of  New Rochelle, the part-time city court judge of Norwich whose office
is paid the greater compensation on such date, the part-time city  court
judge  of  Oneida  whose office is paid the greater compensation on such
date, the part-time city court judge of Rome, the part-time  city  court
judge  of  Saratoga  Springs and the part-time city court judge of White
Plains.  Each person in a judgeship abolished by this subdivision  shall
continue  in service in the full-time judgeship that replaces such abol-
ished judgeship hereunder for the remainder of the  term  of  office  to
which he or she was selected in such abolished judgeship except that the
person who continues in service in the full-time judgeship that replaces
the  abolished judgeship in the city court of Lockport shall do so until
the thirty-first day of December next succeeding the date on which  such
term of office would otherwise expire; and
  (ii)  the office of the part-time city court judge of Salamanca senior
in service on such date  shall  receive  the  increase  in  compensation
provided  in  section  221-i  of the judiciary law as amended by section
five of this act.
  (b) The new offices of full-time city court judge  in  the  cities  of
Buffalo, Newburgh, Troy and Yonkers, respectively, shall first be filled
by election at the next general election at which they can be filled for
a  full  term to commence January first next thereafter.  Upon the first
occurrence of a vacancy in the office of full-time city court  judge  of

S. 4596                             7

the  city  court of Lockport established by paragraph (i) of subdivision
(a) of this section, the office shall be filled by election for  a  term
commencing the first day of January next succeeding the election.
  S  7.  (a)  In the event that the compensation to be paid a judge of a
city court, as prescribed by this act or any other provision of law,  is
lower  than  the compensation being paid such judge immediately prior to
the effective date of this section, such judge shall, for as long as  he
or  she holds the office in which he or she is serving on such effective
date, receive such higher compensation (plus any  increases  thereto  as
shall thereafter be provided by law).
  (b)  Notwithstanding  any  provision  of  this act, this act shall not
extend or diminish any term of judicial office commenced  prior  to  the
effective date of this section.
  S  8. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however, that no
changes in the number or compensation of judges, as provided in sections
two and five of this act, may take effect in a city in which a full-time
judgeship replaces a part-time judgeship  pursuant  to  this  act  until
authorized under section six of this act.

2011-S4596A - Details

See Assembly Version of this Bill:: A7207
Current Committee:: Senate Finance
Law Section:: Uniform City Court Act
Laws Affected:: Amd §2104, UCCA; amd §221-i, Judy L
Versions Introduced in 2009-2010 Legislative Session:: S5807, A8976

2011-S4596A - Summary

Increases the number of city court judges in certain cities and sets forth the annual salary for such city court judges.

2011-S4596A - Sponsor Memo

                                BILL NUMBER:S4596A

TITLE OF BILL:
An  act  to  amend  the uniform city court act and the judiciary law, in
relation to judges of city courts

This measure is being introduced at the request of the  Chief  Judge  of
the  State and the Chief Administrative Judge upon the recommendation of
the latter's Ad Hoc City Court Advisory Committee. It proposes modifica-
tions in many  City  Court  judgeships  including,  in  some  instances,
conversion of part-time positions to full-time status. It is a follow-up
to similar legislation enacted in 1988, 1995, 2001 and 2006.

I. PROPOSAL

For more than 30 years following the State takeover of local court fund-
ing  (see  L.   1976, c. 966; Judiciary Law § 39), the Judiciary and the
Legislature have collaborated closely to ensure that the  structure  and
resources  of the State's 61 City Courts outside New York City are well-
suited to community needs. Every four or five years, this  Office,  with
the  assistance  of  a  committee of sitting City Court judges represen-
tative of all regions of the State and courts of varying  sizes,  under-
takes  a  detailed study of City Court operations around the State. This
study produces a series of recommendations for reform,  which  then  are
passed on to the Legislature for its approval(1).

Originally intended as a means by which to permit the Legislature fairly
to  determine  applications  by  individual  city  courts  for judgeship
upgrades in light of their new status  as  State  courts,  this  collab-
oration  has grown increasingly more important as the years have gone by
and the City Courts have taken on more prominent and more complex  roles
in  the criminal justice system. Today, in 2009, these courts are on the
front-line of that system. Along with the Justice Courts,  they  preside
over  nearly all preliminary felony proceedings brought outside New York
City and oversee the prosecution of most of the region's quality of life
offenses. As importantly, City Courts have become a central focus in the
State's twin battles against drug crime and family violence. Across  the
State,  many  of  them  have  been designated as regional Drug Courts to
preside over drug prosecutions commenced both in their respective cities
and in surrounding towns and villages,  refashioning  the  paradigm  for
drug   crime  adjudication  and  contributing  mightily  to  significant
reductions in recidivism and public expense  that  judicially-supervised
treatment  methodologies  - the hallmark of Drug Courts - can offer.  At
the same time,  some  City  Courts  have  been  designated  as  Domestic
Violence  courts  giving them critical responsibility for superintending
community response to family violence. Other City Courts have  taken  on
other specialized responsibilities, such as presiding over mental health
and teen parts, requiring them to go well beyond the traditional passive
roles expected of the local criminal courts.

Notably,  what  ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile  lives  held
in  the  balance. In these specialized courts, people who have committed
what typically are low-level offenses  appear  to  be  judged,  and  the
court's  ability  to  do  this  wisely  and  creatively can often be the
difference between a productive, law-abiding  life  and  one  marked  by
greater and more serious crimes.

Even  while City Court judges serve these critical roles in the criminal
and family justice arenas, they  also  must  oversee  all  landlord  and
tenant  litigation in their communities, as well as all small claims and
commercial claims cases. Moreover, those who are  full-time  will  some-
times be assigned temporarily to service on County or Family Court where
caseload  conditions  in  those  courts  are  such  that  added judicial
resources are needed.

In short, more so perhaps than as to any other court in our trial  court
system, it is vital that City Courts be maintained in a state of maximum
preparedness  to cope with their caseloads. As it now is six years since
the Judiciary last reported on the needs of the City  Courts  and  three
years  since  the  last comprehensive legislative action with respect to
these courts, we have commissioned another ad hoc advisory committee  to
study the City Courts and to make recommendations for any needed changes
in  their  structure. This committee has met over the course of the last
year and now has filed its report and recommendations with us.

This measure would give effect to these recommendations. They include:

o Increase allocations of four regular part-time judgeships and  convert
ten such judgeships to full-time status:
Current  law  provides for one or more part-time City Court judges in 50
City Courts. See Uniform City Court Act § 2104(c).  In  some  instances,
these  judges  are intended to supplement the work of the full-time City
Court judge or judges of the court. In other Courts, where there are  no
full-time  City Court judges, they perform all the judicial work. In all
cases, these part-time judges are compensated in accordance with a sala-
ry scale first fixed by the Legislature in 1984. Under this scale, as it
operates today, part-time judges are compensated for their service in an
amount equal to one-quarter or one-half the salary of a full-time judge.
See Judiciary Law §221-i. The rate for each position has been  fixed  in
accordance with prevailing views as to the level of regular service that
properly can be expected of the judge that fills it (2).

As  the  Legislature  already  has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally, to
change the status of a City Court judgeship from part-time to full-time.
In many instances, changes in local demographics or, more recently,  the
nature  of the court's workload (e.g., its assumption of specialty court
responsibilities - responsibilities that  magnify  its  normal  workload
exponentially) moot the expectations that were the foundation for a City
Court's judgeship allocation. In most instances, that allocation was the
product  of another, past generation, and instituted when caseloads were

smaller and local governments had to bear the costs of City Court  oper-
ations.    It  does not reflect the reality of those operations in 2009.
Accordingly, as we have done in the past, we  now  propose  a  slate  of
judgeship  adjustments  that  will bring the City Courts up to date (see
Appendix A for a list). These adjustments include upgrades for  selected
one-quarter  salaried  judgeships  and  conversion  of some 10 part-time
judgeships to full-time status (3).

o Establish new full-time judgeships:
In past submissions of this nature, we have  proposed  creation  of  new
judgeships  for selected City Courts. In some instances, court workloads
have been such that upgrades in existing judgeships are neither possible
or impractical.  Thus, over the years, we've asked  the  Legislature  to
establish  new  judgeships in Syracuse, Albany, Schenectady, Buffalo and
Rochester - and the Legislature has complied. In this measure, we do  so
again, and for the same reason, in the cities of Buffalo, Newburgh, Troy
and Yonkers.

o Expand residency requirement:
Under  present  law, the general rule is that each City Court judge must
reside in the city in  which  he  or  she  serves.  There  are  numerous
exceptions  to this rule, however. In venues where experience has demon-
strated that it is difficult to find a sufficient pool of lawyers  will-
ing to serve on City Court, the Legislature, with the agreement of local
officials,  has  expanded the residency requirement, typically to permit
the judge of a City Court in one of those venues to reside  anywhere  in
the  surrounding  county.    This  measure  would  add  to  the  list of
exceptions the City Court of Watervliet.  There,  local  officials  have
expressed  a  wish that the residency rule permit any resident of Albany
County to be eligible to serve in one of the two judgeships allocated to
the Court.

o Change from appointive to elective status for  the  appointive  judge-
ships in Ithaca and Lockport:
A  preponderance  of the State's 163 City Court judges are elected.  The
remainder are appointed by City Mayors. This year, at  local  request  -
i.e., at the request of the mayor and City Court judges of each affected
City  -  we  are asking that two of the existing appointive positions be
converted to elective.

II. PROCESS

The  Committee's  recommendations  for  City  Court  judicial  personnel
reflect  not only the Committee's consideration of a series of objective
criteria but also a process of statewide consultation with mayors, judg-
es and other stakeholders in the justice system.  Among the quantitative
factors the Committee considered in determining the proper allocation of
City Court judgeships are:

* Caseloads - including total cases, cases per capita, and annual civil,
criminal misdemeanor and criminal felony caseload growth trends;

* Demographics - including  population  changes,  economic  factors  and
crime predictor data that may presage future caseloads;

*  Judicial  resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court  and  Domestic  Violence
Court  cases)  that  are  resource  intensive, the availability of other
judges in the affected City Court and other City Courts in  the  county,
and  the  need  to  temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and

* Facilities - including the suitability  and  sufficiency  of  existing
courtrooms  and  other  facilities  to  accommodate the proposed new and
expanded judgeships.

As in the early 1980's, 1994, 1998 and  2003,  we  offer  this  proposal
confident  that  it  will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice  in
urban  communities  across  New York State. Along with members of our Ad
Hoc Committee, we urge enactment of this measure  and  look  forward  to
working  with  the  Legislature  to ensure the continued vitality of New
York State's local justice system.

This measure will take effect  on  April  1,  following  its  enactment.
Accordingly, it will have no fiscal impact on the State in FY 2012-13.

2009-2010 LEGISLATIVE HISTORY:
Senate    5807-B (Sampson)    Passed
Assembly  8976-A (Canestrari) Reported Referred to Ways & Means

2011-12 LEGISLATIVE HISTORY:
Senate 4596 (Bonacic) (Reported to Finance)
Assembly 7207 (Canestrari) Reported Referred to Ways & Means

FOOTNOTES:
(1) As noted, the Legislature has approved these submissions in the
past. In 1984, it approved a uniform salary structure for part-time
City Court judges. L. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in
favor of a single enabling court statute in the Uniform City Court
Act, institution of a uniform $15,000 jurisdictional ceiling, merger
of multiple courts into a single court in those cities having
bifurcated or trifurcated court structures, creation of some new
full-time judgeships, conversion of some part-time judgeships to
full-time status and upgrades in the status of other part-time
judgeships. L. 1988, c. 397. In 1995, the Legislature again approved
recommendations calling for
creation of new judgeships and conversion and upgrading of others. L.
1995, c. 463. In 1998 and 1999, the Legislature approved another
recommendation - this one calling for amendment of section 26 of
Article VI of the State Constitution to permit full-time City Court
judges to be assigned to temporary service on County and Family

Courts. In 2001, the Legislature approved another package of
recommendations calling for creation of new judgeships and conversion
and upgrading of others. L. 2001, c. 584. All of these
recommendations were the product of ad hoc committees of City Court
judges assembled by the Judiciary in the early-1980's, 1994, 1998 and
2003, respectively. Most recently, the Legislature approved
recommendations yielding creation of further new judgeships and
conversion and upgrading of many others - including elimination of
the position of Acting City Court Judge.

(2) This salary range is between $27,200 and $54,400. While there is no
specific statutory direction that the actual amount of service given
by each judge, as a percentage of his or her work week, correspond to
the fraction of full-time service represented by his or her
compensation, it has informally been the administrative practice over
the years to expect that that be so.

(3) Persons holding the office of full-time City Court judge are not
permitted to practice law.
Note that, prior to filing this measure with the Legislature, all
proposed changes in judgeships were shared with all City Mayors and
City Court judges across the State. All changes are submitted with
the approval of the Mayors and judges of each city affected.

APPENDIX A
TABLE OF CHANGES
City          Present      Proposed
              Allocation   Allocation       When Change Effective

Albany        4FT          5FT              4/1/13
              1PT(1/2)

Amsterdam     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Auburn        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/2)

Batavia       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Beacon        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Binghamton    2FT          2FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Buffalo       13FT         14FT             1/1/14

Canandaigua   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cohoes        2PT(1/2)     2PT(1/2)         NO CHANGE

Corning       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cortland      1FT          1FT              4/1/13
              1PT(1/4)     1PT(1/2)

Dunkirk       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Elmira        2FT          2FT              NO CHANGE

Fulton        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Geneva        1PT(1/2)     1PT(1/2)         NO CHANGE
              2PT(1/4)     2PT(1/4)

Glen Cove     2PT(1/2)     2PT(1/2)         NO CHANGE

Glens Falls   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Gloversville  1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Hornell       1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Hudson        1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Ithaca        1FT          2FT              4/1/13
              1PT(1/2)

Jamestown     1FT          2FT              4/1/13
              1PT(1/2)

Johnstown     1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Kingston      1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Lackawanna    1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Little Falls  2PT(1/4)     2PT(1/4)         NO CHANGE

Lockport      1FT          2FT              4/1/13
              1PT(1/2)

Long Beach    2FT          2FT              NO CHANGE

Mechanic-
ville         2PT(1/4)     2PT(1/4)         NO CHANGE

Middletown    1FT          2FT              4/1/13
              1PT(1/2)

Mt. Vernon    3FT          3FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Newburgh      2FT          3FT              1/1/14

New
Rochelle      2FT          3FT              4/1/13
              1PT(1/2)

Niagara Falls 4FT          4FT              NO CHANGE

N. Tonawanda  1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Norwich       1PT(1/2)     1FT              4/1/13

              1PT(1/4)     1PT(1/4)

Ogdensburg    1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Olean         1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Oneida        1PT(1/2)     1FT              4/1/13
              1PT(1/4)     1PT(1/4)

Oneonta       1PT(1/2)     1FT(1/2)         4/1/13
              1PT(1/4)     1PT(1/4)

Oswego        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Peekskill     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Plattsburgh   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Port Jervis   1PT(1/2)     1PT (1/2)        4/1/13
              1PT(1/4)     1PT(1/2)

Poughkeepsie  2FT          2FT              NO CHANGE

Rensselaer    1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Rochester     9FT          9FT              NO CHANGE

Rome          1FT          2FT              4/1/13
              1PT(1/2)

Rye           1FT          1FT              4/1/13
              1PT(1/4)     1PT(1/2)

Salamanca     2PT(1/4)     1PT(1/2)         4/1/13
                           1PT(1/4)

Saratoga      1FT          2FT              4/1/13
Springs       1PT(1/2)

Schenectady   3FT          3FT              NO CHANGE

Sherrill      1PT(1/4)     1PT(1/4)         NO CHANGE

Syracuse      8FT          8FT              NO CHANGE

Tonawanda     1FT          1FT              NO CHANGE

              1PT(1/2)     1PT(1/2)

Troy          1FT          2FT              1/1/14
              1PT(3/4)     1PT(3/4)

Utica         3FT          3FT              NO CHANGE

Watertown     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Watervliet    1PT(1/2)     2PT(1/2)         4/1/13
              1PT(1/4)

White Plains  3FT          4FT              4/1/13
              1PT(1/2)

Yonkers        6FT         7FT              1/1/14

2011-S4596A - Bill Text download pdf

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

                                 4596--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- recommitted to the Commit-
  tee 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 uniform city court act and  the  judiciary  law,  in
  relation to judges of city courts

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

  Section 1. Paragraph 1 of subdivision  (b)  of  section  2104  of  the
uniform  city  court act, as amended by chapter 493 of the laws of 2006,
is amended to read as follows:
  (1) be an attorney admitted to practice law in this state for at least
five years as of the date he or she commences the duties of office,  and
be  a  resident  of the city in which he or she is elected or appointed,
except that the judges of the Sherrill city court may reside anywhere in
either Oneida or Madison counties, the city court judge  who  serves  in
the  office  that  formerly  was that of acting judge of the Oneida city
court may reside anywhere in Madison county, the judges of the Peekskill
city court may reside anywhere in Westchester  county,  the  city  court
judge who serves in the office that formerly was that of acting judge of
the  Port  Jervis  city  court may reside anywhere in either Sullivan or
Orange counties, the judges of the Hudson city court may reside anywhere
in Columbia county, the city court judge who serves in the  office  that
formerly  was  that  of acting judge of the Mechanicville city court may
reside anywhere in Saratoga county, the judges of  the  Ogdensburg  city
court  may  reside  anywhere  in  St. Lawrence county, the judges of the
Rensselaer city court may reside anywhere in Rensselaer county  and  one
judge  of  the  Cohoes city court AND THE CITY COURT JUDGE WHO SERVES IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09903-04-1

S. 4596--A                          2

THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.
  S 2. Subdivision (d) of section 2104 of the uniform city court act, as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  (d) The number of judges of the city court in each city  shall  be  as
provided  herein.  Full-time  judgeships are specifically so designated,
all others are part-time:
   Par.   Name of city
   1    Albany, [four] FIVE full-time [and one part-time];
   2    Amsterdam, one full-time and one part-time;
   3    Auburn, one full-time and one part-time;
   4    Batavia, one full-time and one part-time;
   5    Beacon, one full-time and one part-time;
   6    Binghamton, two full-time and one part-time;
   7    Buffalo, [thirteen] FOURTEEN full-time;
   8    Canandaigua, one full-time and one part-time;
   9    Cohoes, two;
   10   Corning, one full-time and one part-time;
   11   Cortland, one full-time and one part-time;
   12   Dunkirk, one full-time and one part-time;
   13   Elmira, two full-time;
   14   Fulton, one full-time and one part-time;
   15   Geneva, three;
   16   Glen Cove, two;
   17   Glens Falls, one full-time and one part-time;
   18   Gloversville, one full-time and one part-time;
   19   Hornell, two;
   20   Hudson, two;
   21   Ithaca, [one] TWO full-time [and one part-time];
   22   Jamestown, [one] TWO full-time [and one part-time];
   23   Johnstown, two;
   24   Kingston, one full-time and one part-time;
   25   Lackawanna, one full-time and one part-time;
   26   Little Falls, two;
   27   Lockport, [one] TWO full-time [and one part-time];
   28   Long Beach, two full-time;
   29   Mechanicville, two;
   30   Middletown, [one] TWO full-time [and one part-time];
   31   Mount Vernon, three full-time and one part-time;
   32   Newburgh, [two] THREE full-time;
   33   New Rochelle, [two] THREE full-time [and one part-time];
   34   Niagara Falls, four full-time;
   35   North Tonawanda, one full-time and one part-time;
   36   Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
   37   Ogdensburg, one full-time and one part-time;
   38   Olean, one full-time and one part-time;
   39   Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
   40   Oneonta, [two] ONE FULL-TIME AND ONE PART-TIME;
   41   Oswego, one full-time and one part-time;
   42   Peekskill, one full-time and one part-time;
   43   Plattsburgh, one full-time and one part-time;
   44   Port Jervis, two;
   45   Poughkeepsie, two full-time;
   46   Rensselaer, two;
   47   Rochester, nine full-time;

S. 4596--A                          3

   48   Rome, [one] TWO full-time [and one part-time];
   49   Rye, one full-time and one part-time;
   50   Salamanca, two;
   51   Saratoga Springs, [one] TWO full-time [and one part-time];
   52   Schenectady, three full-time;
   53   Sherrill, one;
   54   Syracuse, eight full-time;
   55   Tonawanda, one full-time and one part-time;
   56   Troy, [one] TWO full-time and one part-time;
   57   Utica, three full-time;
   58   Watertown, one full-time and one part-time;
   59   Watervliet, two;
   60   White Plains, [three] FOUR full-time [and one part-time];
   61   Yonkers, [six] SEVEN full-time.
  S  3.  Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
section 2104 of the uniform city court act, as amended by chapter 493 of
the laws of 2006, are amended to read as follows:
  (i) by the mayor of the city for which the court on which  he  or  she
will serve has been established, with the advice and consent of the city
council:  part-time  city  court  judge  of Beacon, part-time city court
judge of Corning, part-time city court judge of Cortland, part-time city
court judge of Gloversville, city court judge of Glen Cove who serves in
the office that on June first, two thousand one was an appointive office
pursuant to this subparagraph, [part-time city court  judge  of  Ithaca,
part-time]  city  court judge of Jamestown WHO SERVES IN THE OFFICE THAT
WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU-
SAND THIRTEEN, part-time city court judge of Olean, city court judges of
Plattsburgh, city court judge of Port Jervis who serves  in  the  office
that  formerly  was that of acting city court judge of Port Jervis, city
court judges of Rye, city court judge of Salamanca  who  serves  in  the
office  that  formerly  was that of acting city court judge of Salamanca
and the part-time city court judge of Watertown.
  (ii) by the city council of the city for which the court on  which  he
or  she  will  serve has been established: part-time city court judge of
Auburn, part-time city court judge  of  Batavia,  part-time  city  court
judge  of  Canandaigua,  city court judge of Johnstown who serves in the
office that formerly was that of acting city court judge  of  Johnstown,
city  court  judge  of  Newburgh  who serves in the office that on March
thirty-first, two thousand  one  was  part-time,  city  court  judge  of
Norwich  who serves in the office that [formerly was that of acting city
court judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR  COMMENCING
JANUARY  FIRST,  TWO  THOUSAND THIRTEEN, city court judges of Peekskill,
and city court judges of White Plains.
  S 4. The opening paragraph of subparagraph (iii)  of  paragraph  1  of
subdivision  (e)  of  section  2104  of  the  uniform city court act, as
amended by chapter 493 of the laws  of  2006,  is  amended  to  read  as
follows:
  by  the  mayor of the city for which the court on which he or she will
serve has been established: part-time city court  judge  of  Binghamton,
city  court  judges  of  Cohoes,  part-time city court judge of Dunkirk,
part-time city court judge of Fulton, city court  judge  of  Geneva  who
serves  in  the office that formerly was that of acting city court judge
of Geneva, city court judge of Hornell who serves  in  the  office  that
formerly  was  that  of  acting  city court judge of Hornell, city court
judge of Hudson who serves in the  office  that  formerly  was  that  of
acting  city  court judge of Hudson, part-time city court judge of King-

S. 4596--A                          4

ston, part-time city court judge of  Lackawanna,  city  court  judge  of
Little  Falls  who serves in the office that formerly was that of acting
CITY court judge of Little Falls, [part-time city court judge  of  Lock-
port,]  city  court judge of Mechanicville who serves in the office that
formerly was that of acting city court judge  of  Mechanicville,  [part-
time]  city  court judge of Middletown WHO SERVES IN THE OFFICE THAT WAS
CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO  THOUSAND
THIRTEEN,  part-time  city court judge of Mount Vernon, [part-time] city
court judge of New Rochelle [and full-time city court judge of such city
who serves in the office created during  the  calendar  year  commencing
January  first,  two  thousand  one]  WHO  SERVES IN THE OFFICE THAT WAS
CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO  THOUSAND
THIRTEEN  AND THE CITY COURT JUDGE OF SUCH CITY WHO SERVES IN THE OFFICE
THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS  AN  APPOINTIVE  OFFICE
PURSUANT TO THIS SUBPARAGRAPH, part-time city court judge of North Tona-
wanda,  part-time  city  court judge of Ogdensburg, PART-TIME city court
judge of Oneida [who serves in the office  that  formerly  was  that  of
acting city court judge of Oneida], PART-TIME city court judge of Oneon-
ta [who serves in the office that formerly was that of acting city court
judge  of  Oneonta],  part-time  city  court judge of Oswego, city court
judges of Poughkeepsie, city court judge of Rensselaer who serves in the
office that formerly was that of acting city court judge of  Rensselaer,
[part-time]  city  court  judge  of  Saratoga  Springs WHO SERVES IN THE
OFFICE THAT WAS CREATED DURING  THE  CALENDAR  YEAR  COMMENCING  JANUARY
FIRST,  TWO  THOUSAND  THIRTEEN, part-time city court judge of Tonawanda
and city court judge of Watervliet who serves in the office that former-
ly was that of acting city court judge of Watervliet.  Provided,  howev-
er,  the following special provisions shall be applicable in the city of
Poughkeepsie:
  S 5. Section 221-i of the judiciary law, as amended by chapter 493  of
the laws of 2006, is amended to read as follows:
  S  221-i.  Salary of judges of the city courts outside the city of New
York. The annual salary of each judge of a city court outside  the  city
of  New  York shall be as follows (where this section provides different
salaries for judicial positions on the same court having the same title,
the greater salary shall be paid the person holding  the  position  paid
the  greater  salary  on  the day immediately preceding the day on which
such salaries took effect):

City                Title

Albany              City Court Judge (FT)              113,900
[Albany             City Court Judge                   54,400]
Amsterdam           City Court Judge (FT)              108,800
Amsterdam           City Court Judge                   27,200
Auburn              City Court Judge (FT)              108,800
Auburn              City Court Judge                   [27,200] 54,400
Batavia             City Court Judge (FT)              108,800
Batavia             City Court Judge                   27,200
Beacon              City Court Judge (FT)              108,800
Beacon              City Court Judge                   27,200
Binghamton          City Court Judge (FT)              108,800
Binghamton          City Court Judge                   54,400
Buffalo             Chief Judge (FT)                   115,100
Buffalo             City Court Judge (FT)              113,900
Canandaigua         City Court Judge (FT)              108,800

S. 4596--A                          5

Canandaigua         City Court Judge                   27,200
Cohoes              City Court Judge                   54,400
Corning             City Court Judge (FT)              108,800
Corning             City Court Judge                   27,200
Cortland            City Court Judge (FT)              108,800
Cortland            City Court Judge                   [27,200] 54,400
Dunkirk             City Court Judge (FT)              108,800
Dunkirk             City Court Judge                   27,200
Elmira              City Court Judge (FT)              108,800
Fulton              City Court Judge (FT)              108,800
Fulton              City Court Judge                   27,200
Geneva              City Court Judge                   54,400
Geneva              City Court Judge                   27,200
Glen Cove           City Court Judge                   54,400
Gloversville        City Court Judge (FT)              108,800
Gloversville        City Court Judge                   27,200
Glens Falls         City Court Judge (FT)              108,800
Glens Falls         City Court Judge                   27,200
Hornell             City Court Judge                   54,400
Hornell             City Court Judge                   27,200
Hudson              City Court Judge                   54,400
Hudson              City Court Judge                   27,200
Ithaca              City Court Judge (FT)              108,800
[Ithaca             City Court Judge                   54,400]
Jamestown           City Court Judge (FT)              108,800
[Jamestown          City Court Judge                   54,400]
Johnstown           City Court Judge                   54,400
Johnstown           City Court Judge                   27,200
Kingston            City Court Judge (FT)              108,800
Kingston            City Court Judge                   54,400
Lackawanna          City Court Judge (FT)              108,800
Lackawanna          City Court Judge                   54,400
Lockport            City Court Judge (FT)              108,800
[Lockport           City Court Judge                   54,400]
Long Beach          City Court Judge (FT)              118,300
Little Falls        City Court Judge                   27,200
Mechanicville       City Court Judge                   27,200
Middletown          City Court Judge (FT)              108,800
[Middletown         City Court Judge                   54,400]
Mount Vernon        City Court Judge (FT)              118,300
Mount Vernon        City Court Judge                   54,400
Newburgh            City Court Judge (FT)              108,800
Niagara Falls       Chief Judge (FT)                   115,100
Niagara Falls       City Court Judge (FT)              113,900
Norwich             City Court Judge (FT)              [54,400] 108,800
Norwich             City Court Judge                   27,200
New Rochelle        City Court Judge (FT)              118,300
[New Rochelle       City Court Judge                   54,400]
North Tonawanda     City Court Judge (FT)              108,800
North Tonawanda     City Court Judge                   54,400
Ogdensburg          City Court Judge (FT)              108,800
Ogdensburg          City Court Judge                   27,200
Olean               City Court Judge (FT)              108,800
Olean               City Court Judge                   27,200
Oneida              City Court Judge (FT)              [54,400] 108,800

S. 4596--A                          6

Oneida              City Court Judge                   27,200
Oneonta             City Court Judge(FT)               [54,400] 108,800
Oneonta             City Court Judge                   27,200
Oswego              City Court Judge (FT)              108,800
Oswego              City Court Judge                   27,200
Peekskill           City Court Judge (FT)              108,800
Peekskill           City Court Judge                   54,400
Poughkeepsie        City Court Judge (FT)              108,800
Plattsburgh         City Court Judge (FT)              108,800
Plattsburgh         City Court Judge                   27,200
Port Jervis         City Court Judge                   54,400
[Port Jervis        City Court Judge                   27,200]
Rensselaer          City Court Judge                   54,400
Rensselaer          City Court Judge                   27,200
Rochester           Chief Judge (FT)                   115,100
Rochester           City Court Judge (FT)              113,900
Rome                City Court Judge (FT)              113,900
[Rome               City Court Judge                   54,400]
Rye                 City Court Judge (FT)              108,800
Rye                 City Court Judge                   [27,200] 54,400
Salamanca           City Court Judge                   54,400
SALAMANCA           CITY COURT JUDGE                   27,200
Saratoga Springs    City Court Judge (FT)              108,800
[Saratoga Springs   City Court Judge                   54,400]
Schenectady         City Court Judge (FT)              108,800
Sherrill            City Court Judge                   27,200
Syracuse            Chief Judge (FT)                   115,100
Syracuse            City Court Judge (FT)              113,900
Tonawanda           City Court Judge (FT)              108,800
Tonawanda           City Court Judge                   54,400
Troy                City Court Judge (FT)              113,900
Troy                City Court Judge                   81,600
Utica               Chief Judge (FT)                   115,100
Utica               City Court Judge (FT)              113,900
Watertown           City Court Judge (FT)              108,800
Watertown           City Court Judge                   27,200
Watervliet          City Court Judge                   54,400
[Watervliet         City Court Judge                   27,200]
White Plains        City Court Judge (FT)              116,800
[White Plains       City Court Judge                   54,400]
Yonkers             Chief Judge (FT)                   119,500
Yonkers             City Court Judge (FT)              118,300
  S  6.  Transition.  Notwithstanding  any  other  provision of law, for
purposes of this act:
  (a) On the effective date of this section:
  (i) each of the following part-time judgeships shall be abolished  and
replaced  by  a  full-time  judgeship: the part-time city court judge of
Albany, the part-time city court judge of  Ithaca,  the  part-time  city
court  judge  of  Jamestown, the part-time city court judge of Lockport,
the part-time city judge of Middletown, the part-time city  court  judge
of  New Rochelle, the part-time city court judge of Norwich whose office
is paid the greater compensation on such date, the part-time city  court
judge  of  Oneida  whose office is paid the greater compensation on such
date, the part-time city court judge of Oneonta whose office is paid the
greater compensation on such date, the part-time  city  court  judge  of
Rome,  the  part-time city court judge of Saratoga Springs and the part-

S. 4596--A                          7

time city court judge of White Plains.  Each person in a judgeship abol-
ished by this subdivision shall continue in  service  in  the  full-time
judgeship  that  replaces  such  abolished  judgeship  hereunder for the
remainder  of the term of office to which he or she was selected in such
abolished judgeship except that the person who continues in  service  in
the  full-time  judgeship  that  replaces the abolished judgeship in the
city court of Lockport shall do so until the thirty-first day of  Decem-
ber  next  succeeding the date on which such term of office would other-
wise expire; and
  (ii) the office of the part-time city court judge of Salamanca  senior
in  service  on  such  date  shall  receive the increase in compensation
provided in section 221-i of the judiciary law  as  amended  by  section
five of this act.
  (b)  The  new  offices  of full-time city court judge in the cities of
Buffalo, Newburgh, Troy and Yonkers, respectively, shall first be filled
by election at the next general election at which they can be filled for
a full term to commence January first next thereafter.   Upon the  first
occurrence  of  a vacancy in the office of full-time city court judge of
the city court of Lockport established by paragraph (i)  of  subdivision
(a)  of  this section, the office shall be filled by election for a term
commencing the first day of January next succeeding the election.
  S 7. (a) In the event that the compensation to be paid a  judge  of  a
city  court, as prescribed by this act or any other provision of law, is
lower than the compensation being paid such judge immediately  prior  to
the  effective date of this section, such judge shall, for as long as he
or she holds the office in which he or she is serving on such  effective
date,  receive  such  higher compensation (plus any increases thereto as
shall thereafter be provided by law).
  (b) Notwithstanding any provision of this  act,  this  act  shall  not
extend  or  diminish  any term of judicial office commenced prior to the
effective date of this section.
  S 8. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law; provided, however, that no
changes in the number or compensation of judges, as provided in sections
two and five of this act, may take effect in a city in which a full-time
judgeship  replaces  a  part-time  judgeship  pursuant to this act until
authorized under section six of this act.

co-Sponsors

2011-S4596B (ACTIVE) - Details

See Assembly Version of this Bill:: A7207
Current Committee:: Senate Finance
Law Section:: Uniform City Court Act
Laws Affected:: Amd §2104, UCCA; amd §221-i, Judy L
Versions Introduced in 2009-2010 Legislative Session:: S5807, A8976

2011-S4596B (ACTIVE) - Summary

Increases the number of city court judges in certain cities and sets forth the annual salary for such city court judges.

2011-S4596B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4596B

TITLE OF BILL:

An act to amend the uniform city court act and the judiciary law, in
relation to judges of city courts

This measure is being introduced at the request of the Chief Judge of
the State and the Chief Administrative Judge upon the recommendation of
the latter's Ad Hoc City Court Advisory Committee.  It proposes modifi-
cations in many City Court judgeships including, in some instances,
conversion of part-time positions to full-time status. It is a follow-up
to similar legislation enacted in 1988, 1995, 2001 and 2006.

I. PROPOSAL

For more than 30 years following the State takeover of local court fund-
ing (see L. 1976, c. 966; Judiciary Law § 39), the Judiciary and the
Legislature have collaborated closely to ensure that the structure and
resources of the State's 61 City Courts outside New York City are well-
suited to community needs. Every four or five years, this Office, with
the assistance of a committee of sitting City Court judges represen-
tative of all regions of the State and courts of varying sizes, under-
takes a detailed study of City Court operations around the State. This
study produces a series of recommendations for reform, which then are
passed on to the Legislature for its approval.(1)

Originally intended as a means by which to permit the Legislature fairly
to determine applications by individual city courts for judgeship
upgrades in light of their new status as State courts, this collab-
oration has grown increasingly more important as the years have gone by
and the City Courts have taken on more prominent and more complex roles
in the criminal justice system. Today, in 2012, these courts are on the
front-line of that system. Along with the Justice Courts, they preside
over nearly all preliminary felony proceedings brought outside New York
City and oversee the prosecution of most of the region's quality of life
offenses. As importantly, City Courts have become an important arena in
the State's twin battles against drug crime and family violence. Across
the State, many City Courts have been designated as regional Drug Courts
to preside over drug prosecutions commenced both in their respective
cities and in surrounding towns and villages, refashioning the paradigm
for drug crime adjudication and contributing mightily to significant
reductions in recidivism and public expense that judicially-supervised
treatment methodologies - the hallmark of Drug Courts - can offer. At
the same time, some City Courts have been designated as Domestic
Violence courts - giving them critical responsibility for superintending
community response to family violence. Other City Courts have taken on
other specialized responsibilities, such as presiding over mental health
and teen parts, requiring them to go well beyond the traditional passive
roles expected of the local criminal courts.

Notably, what ties all of these assignments together is that each puts
the judge in the crucial position of gatekeeper for fragile lives held
in the balance. In these specialized courts, people who have committed
what typically are low-level offenses appear to be judged, and the
court's ability to do this wisely and creatively can often be the
difference between a productive, law-abiding life and one marked by
greater and more serious crimes.

Even while City Court judges serve these critical roles in the criminal
and family justice arenas, they also must oversee all landlord and
tenant litigation in their communities, as well as all small claims and
commercial claims cases. Moreover, those who are full-time will some-
times be assigned temporarily to service on County or Family Court where
caseload conditions in those courts are such that added judicial
resources are needed.

In short, more so perhaps than as to any other court in our trial court
system, it is vital that City Courts be maintained in a state of maximum
preparedness to cope with their caseloads. As it now is nine years since
the Judiciary last reported on the needs of the City Courts and six
years since the last comprehensive legislative action with respect to
these courts, we have commissioned another ad hoc advisory committee to
study the City Courts and to make recommendations for any needed changes
in their structure.  This committee has met over the course of the last
several years and now has filed its report and recommendations with us.

This measure would give effect to these recommendations. They include:

o Increase allocations of six regular part-time judgeships and convert
twelve such judgeships to full-time status:
Current law provides for one or more part-time City Court judges in 50
City Courts. See Uniform City Court Act § 2104(c). In some instances,
these judges are intended to supplement the work of the full-time City
Court judge or judges of the court. In other Courts, where there are no
full-time City Court judges, they perform all the judicial work. In all
cases, these part-time judges are compensated in accordance with a sala-
ry scale first fixed by the Legislature in 1984. Under this scale, as it
operates today, part-time judges are compensated for their service in an
amount equal to one-quarter or one-half the salary of a full-time judge.
See Judiciary Law §221-i. The rate for each position has been fixed in
accordance with prevailing views as to the level of regular service that
properly can be expected of the judge that fills it.(2)

As the Legislature already has recognized, experience has shown that
there is frequent need to revise these allocations and, occasionally, to
change the status of a City Court judgeship from part-time to full-time.
In many instances, changes in local demographics or, more recently, the
nature of the court's workload (e.g., its assumption of specialty court
responsibilities - responsibilities that magnify its normal workload
exponentially) moot the expectations that were the foundation for a City
Court's original judgeship allocation. In most instances, that allo-
cation was the product of another, past generation, and instituted when

caseloads were smaller and local governments had to bear the costs of
City Court operations. It does not reflect the reality of those oper-
ations in 2012. Accordingly, as we have done in the past, we now propose
a slate of judgeship adjustments that will bring the City Courts up to
date (see Appendix A for a list). These adjustments include upgrades for
selected one-quarter salaried judgeships and conversion of some 12 part-
time judgeships to full-time status.(3)

o Establish new full-time judgeships:
In past submissions of this nature, we have proposed creation of new
judgeships for selected City Courts. In some instances, court workloads
have been such that upgrades in existing judgeships are neither possible
or impractical.  Thus, over the years, we've asked the Legislature to
establish new judgeships in Syracuse, Albany, Schenectady, Buffalo and
Rochester - and the Legislature has complied. In this measure, we do so
again, and for the same reason, in the cities of Buffalo, Newburgh, Troy
and Yonkers.

o Expand residency requirement:
Under present law, the general rule is that each City Court judge must
reside in the city in which he or she serves. There are numerous
exceptions to this rule, however. In venues where experience has demon-
strated that it is difficult to find a sufficient pool of lawyers will-
ing to serve on City Court, the Legislature, with the agreement of local
officials, has expanded the residency requirement, typically to permit
the judge of a City Court in one of those venues to reside anywhere in
the surrounding county.  This measure would add to the list of
exceptions the City Court of Watervliet. There, local officials have
expressed a wish that the residency rule permit any resident of Albany
County to be eligible to serve in one of the two judgeships allocated to
the Court.

o Change from appointive to elective status for the appointive judge-
ships in Ithaca and Lockport:
A preponderance of the State's 163 City Court judges are elected.  The
remainder are appointed, generally by City Mayors. This year, at local
request - i. e., at the request of the mayor and City Court judges of
each affected City we are asking that the existing appointive positions
in Ithaca and Lockport be converted to elective.

II. PROCESS

The Committee's recommendations for City Court judicial personnel
reflect not only the Committee's consideration of a series of objective
criteria but also a process of statewide consultation with mayors, judg-
es and other stakeholders in the justice system.  Among the quantitative
factors the Committee considered in determining the proper allocation of
City Court judgeships are:

o Caseloads - including total cases, cases per capita, and annual civil,
criminal misdemeanor and criminal felony caseload growth trends;

o Demographics - including population changes, economic factors and
crime predictor data that may presage future caseloads;

o Judicial resources - including caseloads per full-time and part-time
judge, the proportion of cases (e.g. Drug Court and Domestic Violence
Court cases) that are resource intensive, the availability of other
judges in the affected City Court and other City Courts in the county,
and the need to temporarily assign a locality's City Court judges to
serve in the County and Family Courts; and

o Facilities - including the suitability and sufficiency of existing
court rooms and other facilities to accommodate the proposed new and
expanded judgeships.

                           * * * * * *

As in the early 1980's, 1994, 1998 and 2003, we offer this proposal
confident that it will best enable City Courts to continue fulfilling
their constitutional mission to provide speedy and efficient justice in
urban communities across New York State. Along with members of our Ad
Hoc Committee, we urge enactment of this measure and look forward to
working with the Legislature to ensure the continued vitality of New
York State's local justice system.

This measure will take effect on April 1 following its enactment.
Accordingly, it will have no fiscal impact on the State in FY 2012-13.

2009-10 LEGISLATIVE HISTORY:

Senate 5807-B (Sampson) (PASSED)
Assembly 8976-A (Canestrari) (Reported Referred to Ways & Means)

2011-12 LEGISLATIVE HISTORY:

Senate 4596 (Bonacic) (Reported to Finance)
Assembly 7207 (Canestrari) (Reported Referred to Ways & Means)

FOOTNOTES:

(1) As noted, the Legislature has approved these submissions in the past
In 1984, it approved a uniform salary structure for part-time City
Court judges. 1. 1984, c. 986. In 1988, it approved a series of
recommendations including elimination of local city court acts in
favor of a single enabling court statute in the Uniform City Court
Act, institution of a uniform $15,000 jurisdictional ceiling, merger
of multiple courts into a single court in those cities having
bifurcated or trifurcated court structures, creation of some new
full-time judgeships, conversion of some part-time judgeships to
full-time status and upgrades in the status of other part-time
judgeships. 1. 1988, c. 397. In 1995, the
Legislature again approved recommendations calling for creation of new

judgeships and conversion and upgrading of others. L. 1995, c. 463.
In 1998 and 1999, the Legislature approved another recommendation -
this one calling for amendment of section 26 of Article VI of the
State Constitution to permit full-time City Court judges to be
assigned to temporary service on County and Family Courts.
In 2001, the Legislature approved another package of recommendations
calling for creation of new judgeships and conversion and upgrading
of others. L. 2001, c. 584. All of these recommendations were the
product of ad hoc committees of City Court judges assembled by the
Judiciary in the early-1980's, 1994, 1998 and 2003, respectively.
Most recently, the Legislature approved recommendations yielding
creation of further new judgeships and conversion and upgrading of
many others - including elimination of the position of Acting City
Court Judge. L. 2006, c. 493.

(2) Effective April 1, 2012, this salary range will be from $31,900 to
$63,700. While there is no specific statutory direction that the
actual amount of service given by each judge, as a percentage of his
or her work week, correspond to the fraction of full-time service
represented by his or her compensation, it has informally been the
administrative practice over the years to expect that that be so.

(3) Persons holding the office of full-time City Court judge are not
permitted to practice law. Note that, prior to filing this measure
with the Legislature, all proposed changes in judgeships were shared
with all City Mayors and City Court judges across the State. All
changes are submitted with the approval of the Mayors and judges of
each city affected.

APPENDIX A
TABLE OF CHANGES

City          Present      Proposed         When Change
              Allocation   Allocation       Effective

Albany        4FT          5FT              4/1/13
              1PT(1/2)

Amsterdam     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Auburn        1FT          1FT              4/1/13
              1PT(1/4)     1PT(1/2)

Batavia       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Beacon        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Binghamton    2FT          2FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Buffalo       13FT         14FT             1/1/14

Canandaigua   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cohoes        2PT(1/2)     2PT(1/2)         NO CHANGE

Corning       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Cortland      1FT          1FT              4/1/13
              1PT(1/4)     1PT(1/2)

Dunkirk       1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Elmira        2FT          2FT              NO CHANGE

Fulton        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Geneva        1PT(1/2)     1PT(1/2)         NO CHANGE
              2PT(1/4)     2PT(1/4)

Glen Cove     2PT(1/2)     2PT(1/2)         NO CHANGE

Glens Falls   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Gloversville  1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Hornell       1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Hudson        1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Ithaca        1FT          2FT              4/1/13
              1PT(1/2)

Jamestown     1FT          2FT              4/1/13
              1PT(1/2)

Johnstown     1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Kingston      1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Lackawanna    1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Little Falls  2PT(1/4)     2PT(1/4)         NO CHANGE

Lockport      1FT          2FT              4/1/13
              1PT(1/2)

Long Beach    2FT          2FT              NO CHANGE

Mechanic-
ville         2PT(1/4)     2PT(1/4)         NO CHANGE

Middletown    1FT          2FT              4/1/13
              1PT(1/2)

Mt. Vernon    3FT          3FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Newburgh      2FT          3FT              1/1/14

New
Rochelle      2FT          3FT              4/1/13
              1PT(1/2)

Niagara Falls 4FT          4FT              NO CHANGE

N. Tonawanda  1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Norwich       1PT(1/2)     1FT              4/1/13

              1PT(1/4)     1PT(1/4)

Ogdensburg    1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Olean         1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Oneida        1PT(1/2)     1FT              4/1/13
              1PT(1/4)     1PT(1/4)

Oneonta       1PT(1/2)     1FT(1/2)         4/1/13
              1PT(1/4)     1PT(1/4)

Oswego        1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Peekskill     1FT          1FT              NO CHANGE
              1PT(1/2)     1PT(1/2)

Plattsburgh   1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Port Jervis   1PT(1/2)     1PT(1/2)         4/1/13
              1PT(1/4)     1PT(1/2)

Poughkeepsie  2FT          2FT              NO CHANGE

Rensselaer    1PT(1/2)     1PT(1/2)         NO CHANGE
              1PT(1/4)     1PT(1/4)

Rochester     9FT          9FT              NO CHANGE

Rome          1FT          2FT              4/1/13
              1PT(1/2)

Rye           1FT          1FT              4/1/13
              1PT(1/4)     1PT(1/2)

Salamanca     2PT(1/4)     1PT(1/2)         4/1/13
                           1PT(1/4)

Saratoga      1FT          2FT              4/1/13
Springs       1PT(1/2)

Schenectady   3FT          3FT              NO CHANGE

Sherrill      1PT(1/4)     1PT(1/4)         NO CHANGE

Syracuse      8FT          8FT              NO CHANGE

Tonawanda     1FT          1FT              NO CHANGE

              1PT(1/2)     1PT(1/2)

Troy          1FT          2FT              1/1/14
              1PT(3/4)     1PT(3/4)

Utica         3FT          3FT              NO CHANGE

Watertown     1FT          1FT              NO CHANGE
              1PT(1/4)     1PT(1/4)

Watervliet    1PT(1/2)     2PT(1/2)         4/1/13
              1PT(1/4)

White Plains  3FT          4FT              4/1/13
              1PT(1/2)

Yonkers        6FT         7FT              1/1/14

2011-S4596B (ACTIVE) - Bill Text download pdf

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

                                 4596--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- recommitted to the Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the uniform city court act and the judiciary law, in
  relation to judges of city courts

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

  Section  1.  Paragraph  1  of  subdivision  (b) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws  of  2006,
is amended to read as follows:
  (1) be an attorney admitted to practice law in this state for at least
five  years as of the date he or she commences the duties of office, and
be a resident of the city in which he or she is  elected  or  appointed,
except that the judges of the Sherrill city court may reside anywhere in
either  Oneida  or  Madison counties, the city court judge who serves in
the office that formerly was that of acting judge  of  the  Oneida  city
court may reside anywhere in Madison county, the judges of the Peekskill
city  court  may  reside  anywhere in Westchester county, the city court
judge who serves in the office that formerly was that of acting judge of
the Port Jervis city court may reside anywhere  in  either  Sullivan  or
Orange counties, the judges of the Hudson city court may reside anywhere
in  Columbia  county, the city court judge who serves in the office that
formerly was that of acting judge of the Mechanicville  city  court  may
reside  anywhere  in  Saratoga county, the judges of the Ogdensburg city
court may reside anywhere in St. Lawrence  county,  the  judges  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09903-06-2

S. 4596--B                          2

Rensselaer  city  court may reside anywhere in Rensselaer county and one
judge of the Cohoes city court AND THE CITY COURT JUDGE  WHO  SERVES  IN
THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.
  S 2. Subdivision (d) of section 2104 of the uniform city court act, as
amended  by  chapter  493  of  the  laws  of 2006, is amended to read as
follows:
  (d) The number of judges of the city court in each city  shall  be  as
provided  herein.  Full-time  judgeships are specifically so designated,
all others are part-time:
   Par.   Name of city
   1    Albany, [four] FIVE full-time [and one part-time];
   2    Amsterdam, one full-time and one part-time;
   3    Auburn, one full-time and one part-time;
   4    Batavia, one full-time and one part-time;
   5    Beacon, one full-time and one part-time;
   6    Binghamton, two full-time and one part-time;
   7    Buffalo, [thirteen] FOURTEEN full-time;
   8    Canandaigua, one full-time and one part-time;
   9    Cohoes, two;
   10   Corning, one full-time and one part-time;
   11   Cortland, one full-time and one part-time;
   12   Dunkirk, one full-time and one part-time;
   13   Elmira, two full-time;
   14   Fulton, one full-time and one part-time;
   15   Geneva, three;
   16   Glen Cove, two;
   17   Glens Falls, one full-time and one part-time;
   18   Gloversville, one full-time and one part-time;
   19   Hornell, two;
   20   Hudson, two;
   21   Ithaca, [one] TWO full-time [and one part-time];
   22   Jamestown, [one] TWO full-time [and one part-time];
   23   Johnstown, two;
   24   Kingston, one full-time and one part-time;
   25   Lackawanna, one full-time and one part-time;
   26   Little Falls, two;
   27   Lockport, [one] TWO full-time [and one part-time];
   28   Long Beach, two full-time;
   29   Mechanicville, two;
   30   Middletown, [one] TWO full-time [and one part-time];
   31   Mount Vernon, three full-time and one part-time;
   32   Newburgh, [two] THREE full-time;
   33   New Rochelle, [two] THREE full-time [and one part-time];
   34   Niagara Falls, four full-time;
   35   North Tonawanda, one full-time and one part-time;
   36   Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
   37   Ogdensburg, one full-time and one part-time;
   38   Olean, one full-time and one part-time;
   39   Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
   40   Oneonta, [two] ONE FULL-TIME AND ONE PART-TIME;
   41   Oswego, one full-time and one part-time;
   42   Peekskill, one full-time and one part-time;
   43   Plattsburgh, one full-time and one part-time;
   44   Port Jervis, two;
   45   Poughkeepsie, two full-time;

S. 4596--B                          3

   46   Rensselaer, two;
   47   Rochester, nine full-time;
   48   Rome, [one] TWO full-time [and one part-time];
   49   Rye, one full-time and one part-time;
   50   Salamanca, two;
   51   Saratoga Springs, [one] TWO full-time [and one part-time];
   52   Schenectady, three full-time;
   53   Sherrill, one;
   54   Syracuse, eight full-time;
   55   Tonawanda, one full-time and one part-time;
   56   Troy, [one] TWO full-time and one part-time;
   57   Utica, three full-time;
   58   Watertown, one full-time and one part-time;
   59   Watervliet, two;
   60   White Plains, [three] FOUR full-time [and one part-time];
   61   Yonkers, [six] SEVEN full-time.
  S  3.  Subparagraphs (i) and (ii) of paragraph 1 of subdivision (e) of
section 2104 of the uniform city court act, as amended by chapter 493 of
the laws of 2006, are amended to read as follows:
  (i) by the mayor of the city for which the court on which  he  or  she
will serve has been established, with the advice and consent of the city
council:  part-time  city  court  judge  of Beacon, part-time city court
judge of Corning, part-time city court judge of Cortland, part-time city
court judge of Gloversville, city court judge of Glen Cove who serves in
the office that on June first, two thousand one was an appointive office
pursuant to this subparagraph, [part-time city court  judge  of  Ithaca,
part-time]  city  court judge of Jamestown WHO SERVES IN THE OFFICE THAT
WAS CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO THOU-
SAND THIRTEEN, part-time city court judge of Olean, city court judges of
Plattsburgh, city court judge of Port Jervis who serves  in  the  office
that  formerly  was that of acting city court judge of Port Jervis, city
court judges of Rye, city court judge of Salamanca  who  serves  in  the
office  that  formerly  was that of acting city court judge of Salamanca
and the part-time city court judge of Watertown.
  (ii) by the city council of the city for which the court on  which  he
or  she  will  serve has been established: part-time city court judge of
Auburn, part-time city court judge  of  Batavia,  part-time  city  court
judge  of  Canandaigua,  city court judge of Johnstown who serves in the
office that formerly was that of acting city court judge  of  Johnstown,
city  court  judge  of  Newburgh  who serves in the office that on March
thirty-first, two thousand  one  was  part-time,  city  court  judge  of
Norwich  who serves in the office that [formerly was that of acting city
court judge of Norwich] WAS CREATED DURING THE CALENDAR YEAR  COMMENCING
JANUARY  FIRST,  TWO  THOUSAND THIRTEEN, city court judges of Peekskill,
and city court judges of White Plains.
  S 4. The opening paragraph of subparagraph (iii)  of  paragraph  1  of
subdivision  (e)  of  section  2104  of  the  uniform city court act, as
amended by chapter 493 of the laws  of  2006,  is  amended  to  read  as
follows:
  by  the  mayor of the city for which the court on which he or she will
serve has been established: part-time city court  judge  of  Binghamton,
city  court  judges  of  Cohoes,  part-time city court judge of Dunkirk,
part-time city court judge of Fulton, city court  judge  of  Geneva  who
serves  in  the office that formerly was that of acting city court judge
of Geneva, city court judge of Hornell who serves  in  the  office  that
formerly  was  that  of  acting  city court judge of Hornell, city court

S. 4596--B                          4

judge of Hudson who serves in the  office  that  formerly  was  that  of
acting  city  court judge of Hudson, part-time city court judge of King-
ston, part-time city court judge of  Lackawanna,  city  court  judge  of
Little  Falls  who serves in the office that formerly was that of acting
CITY court judge of Little Falls, [part-time city court judge  of  Lock-
port,]  city  court judge of Mechanicville who serves in the office that
formerly was that of acting city court judge  of  Mechanicville,  [part-
time]  city  court judge of Middletown WHO SERVES IN THE OFFICE THAT WAS
CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO  THOUSAND
THIRTEEN,  part-time  city court judge of Mount Vernon, [part-time] city
court judge of New Rochelle [and full-time city court judge of such city
who serves in the office created during  the  calendar  year  commencing
January  first,  two  thousand  one]  WHO  SERVES IN THE OFFICE THAT WAS
CREATED DURING THE CALENDAR YEAR COMMENCING JANUARY FIRST, TWO  THOUSAND
THIRTEEN  AND THE CITY COURT JUDGE OF SUCH CITY WHO SERVES IN THE OFFICE
THAT ON JANUARY FIRST, TWO THOUSAND THIRTEEN WAS  AN  APPOINTIVE  OFFICE
PURSUANT TO THIS SUBPARAGRAPH, part-time city court judge of North Tona-
wanda,  part-time  city  court judge of Ogdensburg, PART-TIME city court
judge of Oneida [who serves in the office  that  formerly  was  that  of
acting city court judge of Oneida], PART-TIME city court judge of Oneon-
ta [who serves in the office that formerly was that of acting city court
judge  of  Oneonta],  part-time  city  court judge of Oswego, city court
judges of Poughkeepsie, city court judge of Rensselaer who serves in the
office that formerly was that of acting city court judge of  Rensselaer,
[part-time]  city  court  judge  of  Saratoga  Springs WHO SERVES IN THE
OFFICE THAT WAS CREATED DURING  THE  CALENDAR  YEAR  COMMENCING  JANUARY
FIRST,  TWO  THOUSAND  THIRTEEN, part-time city court judge of Tonawanda
and city court judge of Watervliet who serves in the office that former-
ly was that of acting city court judge of Watervliet.  Provided,  howev-
er,  the following special provisions shall be applicable in the city of
Poughkeepsie:
  S 5. Section 221-i of the judiciary law, as amended by chapter 493  of
the laws of 2006, is amended to read as follows:
  S  221-i.  Salary of judges of the city courts outside the city of New
York. The annual salary of each judge of a city court outside  the  city
of  New  York shall be as follows (where this section provides different
salaries for judicial positions on the same court having the same title,
the greater salary shall be paid the person holding  the  position  paid
the  greater  salary  on  the day immediately preceding the day on which
such salaries took effect):

City                Title

Albany              City Court Judge (FT)              113,900
[Albany             City Court Judge                   54,400]
Amsterdam           City Court Judge (FT)              108,800
Amsterdam           City Court Judge                   27,200
Auburn              City Court Judge (FT)              108,800
Auburn              City Court Judge                   [27,200] 54,400
Batavia             City Court Judge (FT)              108,800
Batavia             City Court Judge                   27,200
Beacon              City Court Judge (FT)              108,800
Beacon              City Court Judge                   27,200
Binghamton          City Court Judge (FT)              108,800
Binghamton          City Court Judge                   54,400
Buffalo             Chief Judge (FT)                   115,100

S. 4596--B                          5

Buffalo             City Court Judge (FT)              113,900
Canandaigua         City Court Judge (FT)              108,800
Canandaigua         City Court Judge                   27,200
Cohoes              City Court Judge                   54,400
Corning             City Court Judge (FT)              108,800
Corning             City Court Judge                   27,200
Cortland            City Court Judge (FT)              108,800
Cortland            City Court Judge                   [27,200] 54,400
Dunkirk             City Court Judge (FT)              108,800
Dunkirk             City Court Judge                   27,200
Elmira              City Court Judge (FT)              108,800
Fulton              City Court Judge (FT)              108,800
Fulton              City Court Judge                   27,200
Geneva              City Court Judge                   54,400
Geneva              City Court Judge                   27,200
Glen Cove           City Court Judge                   54,400
Gloversville        City Court Judge (FT)              108,800
Gloversville        City Court Judge                   27,200
Glens Falls         City Court Judge (FT)              108,800
Glens Falls         City Court Judge                   27,200
Hornell             City Court Judge                   54,400
Hornell             City Court Judge                   27,200
Hudson              City Court Judge                   54,400
Hudson              City Court Judge                   27,200
Ithaca              City Court Judge (FT)              108,800
[Ithaca             City Court Judge                   54,400]
Jamestown           City Court Judge (FT)              108,800
[Jamestown          City Court Judge                   54,400]
Johnstown           City Court Judge                   54,400
Johnstown           City Court Judge                   27,200
Kingston            City Court Judge (FT)              108,800
Kingston            City Court Judge                   54,400
Lackawanna          City Court Judge (FT)              108,800
Lackawanna          City Court Judge                   54,400
Lockport            City Court Judge (FT)              108,800
[Lockport           City Court Judge                   54,400]
Long Beach          City Court Judge (FT)              118,300
Little Falls        City Court Judge                   27,200
Mechanicville       City Court Judge                   27,200
Middletown          City Court Judge (FT)              108,800
[Middletown         City Court Judge                   54,400]
Mount Vernon        City Court Judge (FT)              118,300
Mount Vernon        City Court Judge                   54,400
Newburgh            City Court Judge (FT)              108,800
Niagara Falls       Chief Judge (FT)                   115,100
Niagara Falls       City Court Judge (FT)              113,900
Norwich             City Court Judge (FT)              [54,400] 108,800
Norwich             City Court Judge                   27,200
New Rochelle        City Court Judge (FT)              118,300
[New Rochelle       City Court Judge                   54,400]
North Tonawanda     City Court Judge (FT)              108,800
North Tonawanda     City Court Judge                   54,400
Ogdensburg          City Court Judge (FT)              108,800
Ogdensburg          City Court Judge                   27,200
Olean               City Court Judge (FT)              108,800

S. 4596--B                          6

Olean               City Court Judge                   27,200
Oneida              City Court Judge (FT)              [54,400] 108,800
Oneida              City Court Judge                   27,200
Oneonta             City Court Judge(FT)               [54,400] 108,800
Oneonta             City Court Judge                   27,200
Oswego              City Court Judge (FT)              108,800
Oswego              City Court Judge                   27,200
Peekskill           City Court Judge (FT)              108,800
Peekskill           City Court Judge                   54,400
Poughkeepsie        City Court Judge (FT)              108,800
Plattsburgh         City Court Judge (FT)              108,800
Plattsburgh         City Court Judge                   27,200
Port Jervis         City Court Judge                   54,400
[Port Jervis        City Court Judge                   27,200]
Rensselaer          City Court Judge                   54,400
Rensselaer          City Court Judge                   27,200
Rochester           Chief Judge (FT)                   115,100
Rochester           City Court Judge (FT)              113,900
Rome                City Court Judge (FT)              113,900
[Rome               City Court Judge                   54,400]
Rye                 City Court Judge (FT)              108,800
Rye                 City Court Judge                   [27,200] 54,400
Salamanca           City Court Judge                   54,400
SALAMANCA           CITY COURT JUDGE                   27,200
Saratoga Springs    City Court Judge (FT)              108,800
[Saratoga Springs   City Court Judge                   54,400]
Schenectady         City Court Judge (FT)              108,800
Sherrill            City Court Judge                   27,200
Syracuse            Chief Judge (FT)                   115,100
Syracuse            City Court Judge (FT)              113,900
Tonawanda           City Court Judge (FT)              108,800
Tonawanda           City Court Judge                   54,400
Troy                City Court Judge (FT)              113,900
Troy                City Court Judge                   81,600
Utica               Chief Judge (FT)                   115,100
Utica               City Court Judge (FT)              113,900
Watertown           City Court Judge (FT)              108,800
Watertown           City Court Judge                   27,200
Watervliet          City Court Judge                   54,400
[Watervliet         City Court Judge                   27,200]
White Plains        City Court Judge (FT)              116,800
[White Plains       City Court Judge                   54,400]
Yonkers             Chief Judge (FT)                   119,500
Yonkers             City Court Judge (FT)              118,300
  S  6.  Transition.  Notwithstanding  any  other  provision of law, for
purposes of this act:
  (a) On the effective date of this section:
  (i) each of the following part-time judgeships shall be abolished  and
replaced  by  a  full-time  judgeship: the part-time city court judge of
Albany, the part-time city court judge of  Ithaca,  the  part-time  city
court  judge  of  Jamestown, the part-time city court judge of Lockport,
the part-time city judge of Middletown, the part-time city  court  judge
of  New Rochelle, the part-time city court judge of Norwich whose office
is paid the greater compensation on such date, the part-time city  court
judge  of  Oneida  whose office is paid the greater compensation on such
date, the part-time city court judge of Oneonta whose office is paid the

S. 4596--B                          7

greater compensation on such date, the part-time  city  court  judge  of
Rome,  the  part-time city court judge of Saratoga Springs and the part-
time city court judge of White Plains.  Each person in a judgeship abol-
ished  by  this  subdivision  shall continue in service in the full-time
judgeship that replaces  such  abolished  judgeship  hereunder  for  the
remainder  of the term of office to which he or she was selected in such
abolished judgeship except that the person who continues in  service  in
the  full-time  judgeship  that  replaces the abolished judgeship in the
city court of Lockport shall do so until the thirty-first day of  Decem-
ber  next  succeeding the date on which such term of office would other-
wise expire; and
  (ii) the office of the elected part-time city court judge of Salamanca
shall receive the increase in compensation provided in section 221-i  of
the judiciary law as amended by section five of this act.
  (b)  The  new  offices  of full-time city court judge in the cities of
Buffalo, Newburgh, Troy and Yonkers, respectively, shall first be filled
by election at the next general election at which they can be filled for
a full term to commence January first next thereafter.   Upon the  first
occurrence  of  a vacancy in the office of full-time city court judge of
the city court of Lockport established by paragraph (i)  of  subdivision
(a)  of  this section, the office shall be filled by election for a term
commencing the first day of January next succeeding the election.
  S 7. (a) In the event that the compensation to be paid a  judge  of  a
city  court, as prescribed by this act or any other provision of law, is
lower than the compensation being paid such judge immediately  prior  to
the  effective date of this section, such judge shall, for as long as he
or she holds the office in which he or she is serving on such  effective
date,  receive  such  higher compensation (plus any increases thereto as
shall thereafter be provided by law).
  (b) Notwithstanding any provision of this  act,  this  act  shall  not
extend  or  diminish  any term of judicial office commenced prior to the
effective date of this section.
  S 8. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law; provided, however, that no
changes in the number or compensation of judges, as provided in sections
two and five of this act, may take effect in a city in which a full-time
judgeship  replaces  a  part-time  judgeship  pursuant to this act until
authorized under section six of this act.

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Senate Bill S4596

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2011-S4596 - Details

2011-S4596 - Summary

2011-S4596 - Sponsor Memo

2011-S4596 - Bill Text download pdf

2011-S4596A - Details

2011-S4596A - Summary

2011-S4596A - Sponsor Memo

2011-S4596A - Bill Text download pdf

co-Sponsors

Neil D. Breslin

2011-S4596B (ACTIVE) - Details

2011-S4596B (ACTIVE) - Summary

2011-S4596B (ACTIVE) - Sponsor Memo

2011-S4596B (ACTIVE) - Bill Text download pdf

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