senate Bill S7722

2013-2014 Legislative Session

Relates to the number of judges of the family court

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 referred to rules

Co-Sponsors

S7722 - Bill Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§121 & 131, Fam Ct Act

S7722 - Bill Texts

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Relates to the number of judges of the family court in certain counties.

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BILL NUMBER:S7722

TITLE OF BILL: An act to amend the family court act, in relation to
the number of judges of the family court

PURPOSE OF BILL:

This measure would amend the Family Court Act to establish 3 new
Family Court judgeships.

SUMMARY OF PROVISIONS OF BILL:

Section 1: Would amend § 121 of the Family Court Act to increase the
number of Family Court Judges in the City of New York from 47 to 56.

Section 2: Would amend § 131 of the Family Court Act to increase the
number of Family Court Judges, each by one, in the following counties:
Albany, Broome, Chautauqua, Erie, Monroe, Nassau, Oneida, Oswego,
Schenectady, Suffolk and Westchester.

Section 3: Would amend § 131 of the Family Court Act to increase the
number of Family Court Judges, each by one, in the following counties:
Delaware, Franklin and Warren.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Amends § 121 and § 131 of the Family Court Act.

JUSTIFICATION:

This measure would amend the Family Court Act to establish 20 new
Family Court judgeships, as follows:

* In New York City, nine new judgeships, effective January 1, 2015.

* Outside New York City, one new judgeship in each of the following 11
counties, effective January 1, 2015 (with each judgeship first being
filled at the November 2014 general election): Albany, Broome,
Chautauqua, Erie, Monroe, Nassau, Oneida, Oswego, Schenectady, Suffolk
and Westchester. Further, effective January 1, 2016 (with each
judgeship first being filled at the November 2015 general election):
Delaware Franklin and Warren.

While the past several decades have seen increasing legislative
recognition of the needs of children and families in New York, in the
form of landmark statutes promoting child permanency and enhancing
family justice, these salutary efforts have not been matched by
provision for a corps of Family Court Judgeships sufficiently large to
meet the greater caseloads and complexity of proceedings in our courts
today. The consequences of this neglect, if not attended to soon, will
be disturbing, indeed heartbreaking - and utterly unacceptable:
justice delayed for children and families whose safety and welfare can
require immediate intervention, children growing up in foster care
instead of permanent homes, children graduating from Family Court to
Criminal Court instead of high school and college, missed
opportunities and spiraling inefficiency for juvenile and legal
defense agencies.


This measure will go a long way toward redressing this unintended and
lamentable condition. If enacted, it would represent the first major
infusion of new Family Court Judges in New York in over three decades
and begin to provide the State's family justice system with the
resources needed to protect the most vulnerable members of our
community.

LEGISLATIVE HISTORY:

New bill, 2014.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

$5 million for the period from January 1, 2015 through March 31, 2015.

EFFECTIVE DATE:

Immediately, provided that the additional Family Court Judges provided
by § 2 shall first be elected at the general election to be held in
November 2014, and shall first take office January 1, 2015, provided
further that the additional Family Court Judges provided by § 3 shall
first be elected at the general election to be held in November 2015,
and shall first take office January 1, 2016.

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

                                  7722

                            I N  S E N A T E

                              June 2, 2014
                               ___________

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

AN ACT to amend the family court act, in relation to the number of judg-
  es of the family court

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

  Section  1. Section 121 of the family court act, as amended by chapter
209 of the laws of 1990, is amended to read as follows:
  S 121. Number of judges. The family court within the city of New  York
shall  consist  of  [forty-four  judges  and, as of July first, nineteen
hundred ninety, shall consist of forty-five  judges  and,  as  of  April
first,  nineteen  hundred  ninety-one,  shall  consist  of  forty-seven]
FIFTY-SIX judges, EFFECTIVE JANUARY FIRST,  TWO  THOUSAND  FIFTEEN.  [At
least  one of the persons appointed to the office of judge of the family
court created by this section, shall be a  resident  of  the  county  of
Richmond  and  hereafter there] THERE shall be at least one family court
judge resident in each county of the city of New York.  [The  amount  of
compensation  for  such  new  family  court judges shall be equal to the
compensation payable to existing family court judges in the city of  New
York.]
  S  2.  Section  131 of the family court act is amended by adding a new
subdivision (u) to read as follows:
  (U) THERE SHALL BE AN ADDITIONAL FAMILY COURT JUDGE FOR  EACH  OF  THE
FOLLOWING  COUNTIES:   ALBANY, BROOME, CHAUTAUQUA, ERIE, MONROE, NASSAU,
ONEIDA, OSWEGO, SCHENECTADY, SUFFOLK AND WESTCHESTER.  THE  COMPENSATION
OF  EACH  SUCH  ADDITIONAL  FAMILY  COURT JUDGE SHALL BE THE SAME AS THE
COMPENSATION PAID TO EACH EXISTING FAMILY COURT JUDGE IN THE COUNTY  FOR
WHICH IT IS ESTABLISHED.
  S  3.  Section  131 of the family court act is amended by adding a new
subdivision (v) to read as follows:
  (V) THERE SHALL BE AN ADDITIONAL FAMILY COURT JUDGE FOR  EACH  OF  THE
FOLLOWING  COUNTIES:  DELAWARE, FRANKLIN AND WARREN. THE COMPENSATION OF
EACH SUCH ADDITIONAL FAMILY COURT JUDGE SHALL BE THE SAME AS THE COMPEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15483-01-4

S. 7722                             2

SATION PAID TO EACH EXISTING FAMILY COURT JUDGE IN THE COUNTY FOR  WHICH
IT IS ESTABLISHED.
  S  4.  This act shall take effect immediately; provided, however, that
the additional family court judges provided for by section two  of  this
act  shall first be elected at the general election to be held in Novem-
ber 2014 and shall first take office January 1, 2015; provided, further,
that the additional family court judges provided for by section three of
this act shall first be elected at the general election to  be  held  in
November 2015 and shall first take office January 1, 2016.

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