Bill S3763A-2011

Creates a second county court judgeship in the county of Delaware

Creates a second county court judgeship in the county of Delaware; provides for such judgeship to be filled at the general election to be held in November 2012.

Details

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3763--A 2011-2012 Regular Sessions IN 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus