S3763A-2011 Actions

• Jan 5, 2012: PRINT NUMBER 3763A
• Jan 5, 2012: AMEND AND RECOMMIT TO JUDICIARY
• Jan 4, 2012: REFERRED TO JUDICIARY
• Mar 3, 2011: REFERRED TO JUDICIARY

S3763A-2011 Memo

BILL NUMBER:S3763A

TITLE OF BILL:
An act
to amend the judiciary law, in relation to establishing a second county
court judgeship in the county of Delaware

PURPOSE OR GENERAL IDEA OF BILL:
To create a second county court judgeship in the county of Delaware.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 12 of section 182 of the judiciary law, as
added by chapter 699 of the laws of 1969, is amended to provide for
two county court judges in the county of Delaware.

Section 2. Provides for the new office of judge of the county court in
the county of Delaware. Provides that each county court judge in the
county of Delaware shall also act as and discharge the duties of
county court judge, judge of the family court and surrogate of such
county.

EXISTING LAW:
Provides for one county court judgeship in Delaware County.

JUSTIFICATION:
At the present time the Delaware County Court Judge presides over all
family, circuit and surrogate court cases. Rural areas are no longer
immune to the ravages of crime, as we have observed from
increases over the years in such areas as burglary, drugs, and DWI
offenses. This highly increased caseload has made it difficult for
the lone Delaware County judge to adequately analyze the evidence
presented in the courtroom, allowing him/her to make a proper
decision in the time allotted per case. Since 1995 though 2006,
family court cases have risen from 1,877 to 2,491 (family court cases
to date in 2007 are ahead of the pace in 2006 by 80) and felony
prosecutions in county court have risen from 33 to 89. Year to date
statistics for felony prosecutions for 2007 are the same. This is a
substantial increase which certainly demands legislative attention.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, except that the additional
county court judge provided for in this act shall first be elected at
the general election to be held in November 2012 and shall first take
office January 1, 2013.

S3763A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3763--A
 2011-2012 Regular Sessions
 I N  SENATE
 March 3, 2011
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary  --  recommitted
 to the Committee 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 judiciary law, in relation to establishing a  second
 county court judgeship in the county of Delaware
 

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

 

Section 1. Subdivision 12 of section 182  of  the  judiciary  law,  as
 added by chapter 699 of the laws of 1969, is amended to read as follows:

 12. Delaware, [one] TWO;
 

S  2. A new office of judge of the county court of the county of Dela
 ware is hereby established. Each county court judge  in  the  county  of
 Delaware,  in  office  or  hereafter  elected,  shall  also  act  as and
 discharge the duties of county court judge, judge of  the  family  court
 and surrogate of such county.
 

S  3.  This  act  shall take effect immediately, except that the addi
 tional county court judge provided  for  in  this  act  shall  first  be
 elected  at  the  general election to be held in November 2012 and shall
 first take office January 1, 2013.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04748-02-2

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