Makes the judicial hearing officer pilot program in the family courts of the seventh and eighth judicial districts for ordering a reference to determine an application for an order of protection or temporary order of protection in certain cases permanent.
Ayes (59): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousin, Thompson, Valesky, Volker, Winner
Excused (2): Morahan, Young
BILL NUMBER: S3271
TITLE OF BILL : An act to amend chapter 219 of the laws of 2002 amending the judiciary law relating to the judicial hearing officer pilot program and the powers of the chief administrator of the courts, in relation to making the provisions of such chapter permanent
PURPOSE OR GENERAL IDEA OF BILL : This legislation makes permanent the Judicial Hearing Officer pilot program established by Chapter 219 of the Laws of 2002 in the family courts of the seventh and eighth districts in the Fourth Judicial Department to issue certain orders of protection and authorizes the addition of referees.
SUMMARY OF SPECIFIC PROVISIONS : Section one of this measure makes Chapter 219 of the Laws of 2002 permanent.
JUSTIFICATION : This legislation makes permanent the judicial hearing officer pilot program which provides much needed resources to the family courts of Monroe and Erie counties, Chapter 219 of the Laws of 2002 authorized a judicial hearing officer pilot project to ease a severe crisis in judicial resources in seventh and eighth districts and improve domestic violence victims' access to the court The judicial hearing officers in the pilot program have provided the additional resources necessary to be sure that domestic violence cases are heard without delay which can be dangerous, even deadly for victims and their children. In the annual report to the legislature and the governor, the Chief Administrative Judge said that the judicial hearing officers treated petitioners and their ex parte applications for orders of protection as family court judges would. That is, justice was timely and appropriate and affirmed by the final disposition of the case Furthermore, lawyers, the judiciary and criminal justice all have reacted well to the pilot program.
Monroe and Erie counties continue to see a high volume of cases which, without the judicial hearing officer program, would overwhelm court resources. This legislation therefore makes the program permanent. The bill also includes referees appointed by the court. In Monroe County judicial hearing officer's are few and becoming fewer as they leave due to age. Referees, like the judicial hearing officers in the pilot program, will be trained about domestic violence and certified by the presiding justice. They can provide qualified, experienced and much needed resources for domestic violence in the family courts.
PRIOR LEGISLATIVE HISTORY : S.7262 of 2007/2008
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3271 2009-2010 Regular Sessions IN SENATE March 13, 2009 ___________Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend chapter 219 of the laws of 2002 amending the judiciary law relating to the judicial hearing officer pilot program and the powers of the chief administrator of the courts, in relation to making the provisions of such chapter permanent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of chapter 219 of the laws of 2002, amending the judiciary law relating to the judicial hearing officer pilot program and the powers of the chief administrator of the courts, as amended by chapter 290 of the laws of 2008, is amended to read as follows: S 2. This act shall take effect immediately
[and shall expire 9 years after its effective date, when, upon such date, the provisions of this act shall be deemed repealed]. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00841-01-9