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68-532: Through the Judiciary of New York , the institute was created with a unique partnership between the New York State Courts and Pace University School of Law . Jurists from not only New York but also from around the world have traveled to the institute, to participate in programs and conferences. The institute also serves as a forum where judges, lawyers, and scholars from the state, the nation and

136-565: A certification course and participate in continuing judicial education. New York City Criminal Court judges are appointed by the Mayor of New York City to 10-year terms from a list of candidates submitted by the Mayor's Advisory Committee on the Judiciary. New York City Civil Court judges are elected from districts to 10-year terms, with vacancies filled by the mayor and service continuing until

204-576: A comparison of relative activity in 2009 in New York City, legal aid societies handled 290,251 cases, of which 568 went to trial, whereas 18-B lawyers represented 42,212 defendants of which 623 went to trial. The state Mental Hygiene Legal Service (MHLS) provides legal representation, advice, and assistance to mentally disabled persons under the care or jurisdiction of state-operated or licensed facilities concerning their admission, retention, care, or treatment. The county clerk acts as clerk of

272-651: A driver's licenses or ID issued by the Division of Motor Vehicles , New York state income tax filers, recipients of unemployment insurance or family assistance, and from volunteers. The grand jury is organized pursuant to article 190 of the Criminal Procedure Law . The Court of Appeals promulgates rules for admission to practice law in New York. The New York State Education Department promulgates standards for law school education (which defer to

340-791: A member of the court's "Character and Fitness Committee" after passing the New York State Bar Exam (since July 2016, the Uniform Bar Examination ) and Multistate Professional Responsibility Examination administered by the New York State Board of Law Examiners . Applicants are admitted in the department in which they reside; applicants residing outside New York are admitted through the Third Department in Albany . Judges are regulated by

408-532: A party seeks equitable relief such as an injunction , declaratory judgment actions, or proceedings for review of many administrative-agency rulings. The court also has exclusive jurisdiction over matrimonial actions seeking a divorce , legal separation , or annulment of a marriage. In several counties the Supreme Court has a specialized Commercial Division that hears commercial cases. The New York State County Court operates in each county except for

476-476: A tenth of the full amount as a down payment , and unsecured bonds, which do not require any up front payment. The Court of Appeals ruled in 1991 that most people arrested must be released if they are not arraigned within 24 hours, and in 2013, for the first time since 2001, the average time it took to arraign defendants fell below 24 hours in all five boroughs of New York City. But there have been accusations of systematic trial delays, especially with regards to

544-801: Is a unified state court system that functions under the Chief Judge of the New York Court of Appeals who is the ex officio Chief Judge of New York. The Chief Judge supervises the seven-judge Court of Appeals and is chair of the Administrative Board of the Courts . In addition, the Chief Judge establishes standards and administrative policies after consultation with the Administrative Board and approval by

612-608: Is a voluntary bar association of New York, but others exist such the New York City Bar Association . All counties (including each of the five counties of New York City) elect a district attorney for four-year terms, whose duty it is to prosecute all crimes and offenses cognizable by the courts of the county. District attorneys are legally permitted to delegate the prosecution of petty crimes or offenses. For example, prosecutors do not normally handle New York City Criminal Court summons court cases, and

680-598: Is administered by the Chief Judge of the State of New York , working with the Chief Administrative Judge , other administrative judges, the Office of Court Administration, and other agencies. In general, the judicial system is composed of the appellate courts and the trial courts, consisting of the superior courts and the local courts. The appellate courts are the: The superior courts are the: And

748-569: Is currently divided into thirteen judicial districts: seven upstate districts each comprising between five and eleven counties, five districts corresponding to the boroughs or counties of New York City, and one district on Long Island. In each judicial district outside New York City, an Administrator (or Administrative Judge if a judge) is responsible for supervising all courts and agencies, while inside New York City an Administrator (or Administrative Judge) supervises each major court. Administrators are assisted by Supervising Judges who are responsible in

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816-616: Is not the highest court in the state.) There is a branch of the New York Supreme Court in each of New York State's 62 counties . In New York City, the Supreme Court in each county hears all felony cases; outside New York City, these cases are generally heard in the County Court. The Supreme Court hears civil cases seeking money damages that exceed the monetary limits of the local courts' jurisdiction. The Supreme Court has exclusive jurisdiction over most cases in which

884-746: Is required to be published in the Appellate Division Reports . Opinions of the appellate terms are published selectively in the Miscellaneous Reports . In addition to hearing appeals in matters of law and equity, the Appellate Division regulates the admission of lawyers to the Bar and their conduct and discipline. At English common law , the Lord Chancellor , as the king's delegate to exercise

952-632: Is responsible for surveying current practice in the administration of the state's courts, compiling statistics, and suggesting legislation and regulations. The New York State Judicial Institute serves as a statewide center for the education, training, and research facility for judges, justices, and other personnel. In the State Legislature , the Senate Judiciary and Assembly Judiciary standing committees conduct legislative oversight , budget advocacy, and otherwise report bills on

1020-542: Is the intermediate appellate court in New York State . The state is geographically divided into four judicial departments of the Appellate Division. The full title of each is, using the "Fourth Department" as an example, the "Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department". The Appellate Division primarily hears appeals from the state's superior courts ( Supreme Court , Surrogate's Court , Family Court , Court of Claims ,

1088-580: Is the trial court of general jurisdiction in civil cases statewide and in criminal cases in New York City . Outside New York City, the 57 individual County Courts hear felony criminal cases. There are a number of local courts in different parts of the state, including the New York City Civil Court and New York City Criminal Court . By one estimate, debt collection actions are 25% of all lawsuits in state courts. The system

1156-566: The NYPD 's Legal Bureau has a memorandum of understanding with the district attorneys, at least in Manhattan, allowing the NYPD to selectively prosecute them. The system of public defenders is run by county governments. Each county must provide representation by any combination of a public defender, legal aid society, and/or panel of qualified lawyers (pursuant to County Law article 18-B). For

1224-906: The New York City stop-and-frisk program . There have also been allegations that excessive pre-trial detention and systematic trial delays are used to pressure defendants to accept plea bargains . In 2006 a commission appointed by Chief Judge Judith Kaye found that the county public defender system provided "an unconstitutional level of representation [...] impugning the fairness of New York's criminal justice system". The New York Civil Liberties Union has claimed that public defenders in New York are so overworked and overmatched that poor people essentially receive no legal aid in local criminal courts. Some watchdog groups consider Brooklyn as one of America's most corrupt judicial systems. New York's judicial nominating conventions have been criticized as opaque, brief and dominated by county party leaders. When one New York judge brought an unsuccessful challenge to

1292-540: The New York Civil Practice Law and Rules , but they are not detailed enough to fully provide for a comprehensive system of appellate procedure. Prior to September 2018, and unlike other states that have statewide rules of appellate procedure, there was no set of appellate procedure rules shared by all four departments beyond the rudimentary set in the CPLR. Instead, each of the four departments filled in

1360-697: The New York State Law Reporting Bureau is the official reporter of decisions and is required to publish every opinion, memorandum, and motion sent to it by the Court of Appeals and the Appellate Divisions of the Supreme Court in the New York Reports and Appellate Division Reports , respectively. The State Reporter is appointed by the Court of Appeals. The Judicial Conference of the State of New York

1428-790: The New York State Unified Court System ) is the judicial branch of the Government of New York , comprising all the courts of the State of New York (excluding extrajudicial administrative courts ). The Court of Appeals , sitting in Albany and consisting of seven judges, is the state's highest court . The Appellate Division of the New York State Supreme Court is the principal intermediate appellate court. The New York State Supreme Court

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1496-572: The New York Supreme Court monitor substance abuse program defendants, conduct pre-trial suppression hearings and make recommended findings of fact and law to sitting judges. JHOs are appointed by the Chief Administrator . Support magistrates hear support cases (petitions filed seeking support for a child or spouse) and paternity cases (petitions filed requesting the court to enter an order declaring someone to be

1564-750: The Rules Governing Judicial Conduct promulgated by the Chief Administrator , the Code of Judicial Conduct adopted by the New York State Bar Association, and the relevant rules of the respective Appellate Division departments. Attorneys are regulated by various state laws, the Rules of Professional Conduct (based on the ABA Model Rules of Professional Conduct ), and rules adopted by each department of

1632-544: The Rules Governing Judicial Conduct promulgated by the Chief Administrative Judge, the Code of Judicial Conduct adopted by the New York State Bar Association, and the relevant rules of the respective Appellate Division departments. The eleven-member New York State Commission on Judicial Conduct receives complaints, investigates, and makes initial determinations regarding judicial conduct and may recommend admonition, censure, or removal from office to

1700-428: The Rules of Professional Conduct (based on the ABA Model Rules of Professional Conduct ), and rules adopted by each department of the Appellate Division. Each department of the Appellate Division has attorney grievance committees that investigate complaints of attorney misconduct and may issue reprimands or recommend censure, suspension, or disbarment to the Appellate Division. The New York State Bar Association

1768-548: The Supreme Court and County Court may be authorized by the Chief Administrative Judge , but it is unlawful for such documents to be made available to the public online through NYSCEF. The judiciary's 2014–2015 budget request stated that the "expansion of electronic filing continues as a high priority", and stated that it launched a new website that permits the public to order criminal history searches for which it collects $ 92 million annually. The Judiciary of New York

1836-523: The county courts ) in civil cases, the Supreme Court in criminal cases, and, in the Third and Fourth Judicial Departments, from the county courts in felony criminal cases. In addition, in civil cases it may hear appeals from the appellate terms of the Supreme Court when these courts have heard appeals from one of the lower trial courts. New York's rules of civil procedure allow for interlocutory appeals of right from nearly every order and decision of

1904-614: The statute of limitations and joint and several liability . Many counties use the New York State Courts Electronic Filing System (NYSCEF) for electronic court filing (e-filing, like the federal PACER system). The New York State Courts Electronic Filing System (NYSCEF) is the electronic court filing (e-filing) system used in the New York State Unified Court System. E-filing in criminal cases in

1972-708: The 2010s, this problem was studied at length by the New York State Bar Association , and the NYSBA's recommendations for reform came to the attention of Chief Judge Janet DiFiore . In June 2018, the Presiding Justices of the Appellate Division promulgated statewide Practice Rules of the Appellate Division, which became effective in September 2018 and are codified outside of the CPLR in 22 N.Y.C.R.R. Part 1250. The four departments retain

2040-430: The Appellate Division departments are binding on the lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. If two different departments have made different rulings on the same issue, then the lower courts in each departmental area must follow the ruling made by their respective department. This can sometimes result in

2108-438: The Appellate Division panel or Court of Appeals votes on petitions for leave to appeal; in most criminal cases, however, the petition for leave to appeal is referred to a single Justice or Judge, whose decision whether to grant or deny leave is final. To keep caseloads under control, most Appellate Division opinions are extremely concise. Often, an Appellate Division panel will dispose of an entire case in only two paragraphs, with

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2176-420: The CPLR's gaps by promulgating its own individual set of rules governing more specific details of practice before that court. The result was considerable diversity in appellate procedure between the four departments, which extended to matters as basic as the form and formatting of appellate briefs, the deadline to perfect an appeal after filing of the notice of appeal, appellate motions, and oral argument. During

2244-517: The Chief Judge and Court of Appeals. The Ethics Commission for the Unified Court System administers financial disclosure requirements. The New York State Advisory Committee on Judicial Ethics issues confidential advisory opinions regarding judicial conduct. Along with the unusual names for the courts, judges in the Supreme Court and the justice courts are called justices, while in the Court of Appeals and in other courts such as

2312-405: The County Court in felony criminal cases in the Third and Fourth Judicial Departments. In addition, in civil cases it may hear appeals from the appellate terms of the Supreme Court when these courts have heard appeals from one of the lower trial courts. The court of general jurisdiction in New York is the New York Supreme Court . (Unlike in most other states, the Supreme Court is a trial court and

2380-505: The Court of Appeals. The Administrative Board is composed of the chief judge and presiding justices of each Supreme Court Appellate Division department. The Chief Administrator (or Chief Administrative Judge if a judge) is appointed by the Chief Judge with the advice and consent of the Administrative Board and oversees the administration and operation of the court system, assisted by the Office of Court Administration . The court system

2448-657: The Crown's special jurisdiction, had responsibility for the custody and protection of infants and the mentally incapacitated. Revisions to the constitution in 1847 abolished the New York Court of Chancery and transferred this role to the New York Supreme Court . Each case is decided by a panel of five, or in some instances four, justices of the Court. There is no procedure for the Court to sit en banc . Some basic rules governing appeals are found in Articles 55 and 57 of

2516-481: The Family Court, County Court, and Surrogates' courts, they are called judges. The Judiciary Law states that all litigants (who have the right to a jury trial ) have the right to juries selected from a fair cross section of the community and that all eligible citizens shall have both the opportunity and the obligation to serve. Potential jurors are randomly selected from lists of registered voters, holders of

2584-637: The First and Second Department are each to comprise seven justices, and the Third and Fourth departments five justices. In addition to these "constitutional" justices, the presiding justice of each department may ask the Governor to designate "additional justices" where needed based on the court's workload. At present, for example, the First Department comprises 20 justices in total when there are no vacancies. The qualifications for additional Justices are

2652-431: The Mayor. Surrogates serve 14-year terms within New York City and 10-year terms elsewhere in the state. Full-time city court judges serve 10-year terms, and part-time city court judges serve six-year terms. District Court judges are elected to six-year terms. Justice court justices are elected to four-year terms. The majority of justice court justices are not attorneys, and non-attorney justices must successfully complete

2720-564: The New York Court of Appeals and the Appellate Division, when it sits as a final appeals court with respect to appeals arising from decisions of the Appellate Terms in the First and Second Departments, generally may only decide questions of law. The Appellate Division may adjudicate facts subject to specific constraints in the course of initial review of agency decisions under New York's CPLR Article 78, which provides for limited court review or agency and corporate decisions. Decisions of

2788-479: The New York State Unified Court System. New York's use of remand (pre-trial detention) and bail procedures have been criticized. For example, New York is one of only four states that does not allow judges to consider public safety when making a bail determination. And almost without exception, New York judges only set two kinds of bail at arraignment, straight cash or commercial bail bond, while other options exist such as partially secured bonds, which only require

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2856-780: The Supreme Court, Civil Branch, and commissioner of jurors for the Supreme Court for both the Civil and Criminal branches. They summon people for jury duty, keep court records, and collect revenue. They are appointed by the presiding justice of the Appellate Division of the relevant judicial department. Judicial hearing officers (JHOs) adjudicate most universal summons (summons court) cases in New York City Criminal Court , assist in Criminal Court compliance parts in domestic violence cases, and in

2924-415: The ability to supplement and even supersede the uniform rules by promulgating rules of their own. Decisions by the Appellate Division may be appealed to the state's highest court, the New York Court of Appeals . In some cases, an appeal lies of right, but in most cases, permission (or "leave") to appeal must be obtained, either from the Appellate Division itself or from the Court of Appeals. In civil cases,

2992-482: The attorney is admitted to practice and appear before all New York courts, including the Court of Appeals. Applicants must be interviewed in person by a member of the Appellate Division department's Character and Fitness Committee after passing the Uniform Bar Exam , Multistate Professional Responsibility Examination , New York Law Course, and New York Law Exam. Lawyers are regulated by various state laws,

3060-408: The constitutionality of the state's judicial nomination system to the U.S. Supreme Court, Justice John Paul Stevens wrote in a concurring opinion : "[A]s I recall my esteemed former colleague, Thurgood Marshall , remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws. ' " In her 1999 State of the Judiciary address, Chief Judge Judith Kaye called

3128-561: The courts. The building, operated by New York State Unified Court System personnel, is a three-story state-of-the-art facility of 30,000 square feet (2,800 m) and features a 160-seat auditorium, a multi-use lecture hall, classrooms, conference rooms, and a business center. The New York Legal Eduction Opportunity Program (NY LEO) is designed to prepare students entering law school with the tools needed for academic success in law school. The NY LEO Program assists minority, low-income and educationally disadvantaged college graduates in acquiring

3196-617: The exception of those of the New York City Criminal Courts, New York City Family Court, and some other city courts, which are appointed by the mayor. Supreme Court justices are nominated by judicial district nominating conventions (with judicial delegates themselves elected from assembly districts), while New York City Civil Court and Surrogate's Court judges are nominated in primary elections. Family Court judges serve 10-year terms; those outside New York City are elected, while those in New York City are appointed to by

3264-506: The father of a child). A court attorney is a lawyer who works with and assists the judge by researching legal questions and helping to write decisions. The court attorney may also meet with the attorneys or parties to a case to try to reach an agreement without the need for a trial. New York State Court Officers are law enforcement officers who provide police services to the New York State Unified Court System (i.e. bailiffs ), and enforce state and city laws at all facilities operated by

3332-483: The five counties of New York City (in those counties, the Civil Court , Criminal Court and Supreme Court operate in place of a typical County Court). In many counties, this court primarily hears criminal cases (whereas the Supreme Court primarily hears civil cases), and usually only felonies as lesser crimes are handled by local courts. There are numerous administrative courts that are not considered part of

3400-670: The fundamental and practical skills necessary to succeed in law school. The program is available to qualified candidates who will attend law school in New York. The NY LEO Program is an intensive six-week summer program offered by the New York State Judicial Institute. Honorable Kathie E. Davidson, the Dean of the Judicial Institute, and Salihah R. Denman, JD, LLM, the Director of NY LEO, administer

3468-400: The inferior courts are the local courts: There are also other tribunals that are not normally considered part of the New York State Unified Court System or the judiciary proper. The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and

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3536-549: The international community can convene for events as varied as a North American symposium on environmental law, whose cosponsors included the United Nations Environment Programme , and a "Partners in Justice" colloquium, where the judiciary, law school clinical programs, and the bar explored collateral consequences of criminal convictions and ways to improve indigent representation and access to

3604-457: The judicial branch of government. As New York has 11 separate trial courts, and some courts appeal differently based on which Judicial Department they are located in, the sequence of appeals is fairly complex: Decisions of the New York Court of Appeals are binding authority on all other courts, and persuasive authority for itself in later cases. Decisions of the New York Supreme Court, Appellate Division department panels are binding on

3672-432: The judicial branch, both state and local courts. All courts, except justice courts (town and village courts), are financed by the state in a single court budget. During 2009, the judiciary had approximately 1300 judges, 4.6 million new cases, and a budget in excess of $ 2.5 billion. As of 2015 it had a $ 2 billion budget, 3,600 state and locally paid judges and over 15,000 nonjudicial employees in over 300 locations around

3740-550: The judicial districts within a department to be appointed to the Appellate Division for that department, although the Presiding Justice and a majority of the total number of justices are to reside within the department. They serve at least five years, or until the completion of their 14-year elected terms, or reaching the constitutional age limit of 70, beyond which the governor may choose to reappoint them for up to three two-year terms. The State Constitution provides that

3808-522: The last day of December after next election. Once a judge is elected or appointed, the Chief Judge, in consultation with the Chief Administrative Judge, Administrative Judges, Supervising Judges and the Presiding Justice of the relevant Appellate Division, assigns judges to a court and a part, not necessarily the court and county in which they were elected or appointed, including to the Supreme Court (but not its Appellate Division or Appellate Term) as Acting Supreme Court Judges. Judges are regulated by

3876-431: The lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. Decisions by the Supreme Court, Appellate Term must be followed by courts whose appeals lie to it. Published trial court decisions are persuasive authority for all other courts in the state. The New York Reports and Appellate Division Reports contain

3944-621: The on-site management of the trial courts, including court caseloads, personnel, and budget administration, and each manage a particular type of court within a county or judicial district. District Executives (outside New York City) and Chief Clerks (inside New York City) assist the local administrators in carrying out their responsibilities for supervising the day-to-day operations of the trial courts. The district administrative offices are responsible for personnel, purchasing, budgets, revenue, computer automation, court interpreters, court security, and case management. The New York State Reporter of

4012-890: The opinions, memorandums, and motions sent by the Court of Appeals and the Supreme Court Appellate Division, respectively. The appellate term and trial court opinions are published selectively in the Miscellaneous Reports . The current versions are the New York Reports 3d (cited as N.Y.3d), the Appellate Division Reports 3d (cited as A.D.3d) and the Miscellaneous Reports 3d (cited as Misc.3d). The Civil Practice Law and Rules (CPLR) governs legal procedure such as jurisdiction , venue , and pleadings , as well certain areas of substantive law such as

4080-464: The part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court. The New York Supreme Court, Appellate Division is the state's second-highest court, and is regionally divided into four judicial departments. It primarily hears appeals from the superior courts in civil cases, the Supreme Court in criminal cases, and

4148-590: The program. All classes and activities are administered and implemented at the New York State Judicial Institute . Experienced law professors will provide instruction in first-year law school core courses as well as in legal research, writing and analysis. As part of the program, students will have the opportunity to visit courts in session and meet with members of the judiciary and other legal professionals. Judiciary of New York Specialized The Judiciary of New York (officially

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4216-493: The requirements of the Rules of the New York Court of Appeals pertaining to legal education and prerequisites to the study of law ), and the New York State Board of Law Examiners administers the New York State bar examination . Attorneys are admitted to the New York bar by one of the Appellate Division departments rather than by the Court of Appeals, though once admitted to any of the Appellate Division departments

4284-422: The same as for other justices. Attorneys are admitted to the New York bar by one of the Appellate Division departments rather than by New York's highest court, the Court of Appeals, though once admitted to any of the Appellate Division departments, such attorney is admitted to practice and appear before all non-federal courts in the state, including the Court of Appeals. Applicants must be interviewed in person by

4352-483: The same law being applied differently in different departments. When this occurs, the highest court in the state, the Court of Appeals, can remedy the situation by hearing the case and issuing a single ruling, which is then binding on every court in the state. Every opinion, memorandum, and motion of the Appellate Division sent to the New York State Reporter of the New York State Law Reporting Bureau

4420-507: The second paragraph stating: "We have considered plaintiff's (or defendant's) remaining contentions and find them unavailing." In contrast, courts in most other states traditionally devote a few more paragraphs to disposing of the other "remaining contentions." Justices of the Appellate Division are chosen by the Governor from among those elected to the State Supreme Court. A justice does not have to have been elected from one of

4488-444: The state. There are several officers of the court , including judges, jurors, and bailiffs , and other personnel. Judges of the Court of Appeals are appointed by the Governor with the advice and consent of Senate upon recommendation of the Commission on Judicial Nomination . Judges of the Court of Claims are appointed in the same manner, without the requirement of a commission recommendation. All other justices are elected, with

4556-404: The system of New York trial courts "absurdly complex [...] difficult to understand, hard to navigate and a burden to administer" and endorsed a proposal for a two-tier trial court structure with a statewide Supreme Court and a series of regional district courts. New York Supreme Court, Appellate Division Specialized The Appellate Division of the Supreme Court of the State of New York

4624-424: The trial court, meaning that most may be appealed to the appropriate appellate department while the case is still pending in the trial court. The Appellate Division may make decisions of law and fact with respect to its power to hear first appeals from state trial courts, including the Supreme Court and County Courts. These trial level courts exercise specific jurisdiction as conferred by law. In contrast, both

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