senate Bill S7883

Signed By Governor
2013-2014 Legislative Session

Relates to the number of judges of the family court

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Archive: Last Bill Status Via A10139 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 26, 2014 signed chap.44
Jun 23, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.1574
substituted for s7883
Jun 20, 2014 substituted by a10139
Jun 18, 2014 ordered to third reading cal.1574
Jun 16, 2014 referred to rules

Votes

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S7883 - Bill Details

See Assembly Version of this Bill:
A10139
Law Section:
Family Court Act
Laws Affected:
Amd §§121 & 131, Fam Ct Act

S7883 - 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:S7883

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

PURPOSE: This measure would amend the Family Court Act to establish 25
new Family Court judgeships.

SUMMARY OF PROVISIONS: 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, Franklin, Nassau, Oneida, Oswego, Schenecta-
dy, Suffolk, Ulster and Westchester.

Section 3: Would amend § 131 of the Family Court. Act to increase the
number of family court judges in 2016, each by one, in the following
counties: Delaware, Dutchess, Erie, Monroe, and Warren.

Section 4: Establishes a special petitioning period for the judges to be
elected in November, 2014.

Section 5: Includes a severability clause.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

§ 131 of the Family Court Act.

JUSTIFICATION: This measure would amend the Family Court Act to estab-
lish 25 new Family Court judgeships. 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. Judge-
ships 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 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 communi-
ty.

PRIOR LEGISLATIVE HISTORY: New bill, 2014.

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

EFFECTIVE DATE: Immediately, provided that the judges created by section
two will first take office on January 1,2015 and the judges created by
section, 3 will first take office on January 1, 2016.

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

                                  7883

                            I N  S E N A T E

                              June 16, 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, FRANKLIN, NASSAU, ONEI-
DA,  OSWEGO,  SCHENECTADY,  SUFFOLK, ULSTER AND WESTCHESTER. THE COMPEN-
SATION 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 OR, IF THERE IS NO SEPARATELY-ELECTED FAMILY
COURT JUDGE IN SUCH COUNTY, THE SAME AS THE COMPENSATION PAID TO A JUDGE
OF THE COUNTY COURT IN SUCH COUNTY.
  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, DUTCHESS, ERIE, MONROE, AND  WARREN.  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15483-07-4

S. 7883                             2

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 OR, IF THERE IS NO SEPARATELY-ELECTED
FAMILY  COURT JUDGE IN SUCH COUNTY, THE SAME AS THE COMPENSATION PAID TO
A JUDGE OF THE COUNTY COURT IN SUCH COUNTY.
  S 4. Notwithstanding provisions of the election law related to  desig-
nating  petitions,  the  following  rules  shall  apply  to  designating
petitions filed in 2014 for the offices created by section two  of  this
act:
  1. A designating petition for the offices created under this act shall
be  filed  not  earlier than the eighth Monday before and not later than
the seventh Thursday preceding the primary election.
  2. A signature made earlier than thirteen days before the last day  to
file  the  designating  petitions for the offices created under this act
for the primary election shall not be counted.
  3. Petitions must be signed by not less than one and three-quarter per
centum, as determined by the preceding enrollment, of the then  enrolled
voters of the party residing within the county of the family court posi-
tion  created  by  this  act  (excluding  voters  in  inactive  status),
provided, however, that the number of signatures  need  not  exceed  the
following limits:
  (a)  For  the  offices  to  be  filled  by  all the voters of counties
containing more than two hundred fifty thousand inhabitants according to
the last preceding federal enumeration, seven hundred signatures,
  (b) For the offices to be filled by all  of  the  voters  of  counties
containing  more than twenty-five thousand and not more than two hundred
fifty thousand inhabitants, according  to  the  last  preceding  federal
enumeration, three hundred fifty signatures,
  (c) For the offices to be filled by all the voters for any other coun-
ty, one hundred seventy-five signatures.
  4.  All  other  rules related to designating petitions in the election
law, not inconsistent with these provisions shall apply to  such  desig-
nating petitions.
  S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision,  section  or  part
thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered.  It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  6.  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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