Increases the number of family court judges in Chautauqua County.
Ayes (62): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ball
TITLE OF BILL: An act to amend the family court act, in relation to the number of family court judges in the county of Chautauqua
PURPOSE: The purpose of this legislation is to increase the number of family court judges in Chautauqua County.
SUMMARY OF PROVISIONS: This legislation would amend Section 131 of the family court act by adding a new subdivision (u).
JUSTIFICATION: Chautauqua County is the third busiest family court in the Eighth Judicial District, trailing behind Niagara by little more than 1,000 cases. Niagara County has two family court judges as well as four family court support magistrates. They also have three supreme court justices that have concurrent jurisdiction with the family court judges.
Currently, Chautauqua County has only one family court judge who handles all family related matters. Usually, the caseload for Chautauqua County hovers around 4,000 cases per year, however, recently there has been a dramatic increase. Now, Judge Judith Claire, the sole family court judge, is assigned approximately 9,000 cases a year.
Two days a week an Erie County Family Court Judge is sent to help with the caseload in Chautauqua County, however, this puts more stress on the Erie County Family Court calendar and is simply not sustainable.
Additionally, Chautauqua County only has two full-time City Court Judges who already have an abundant caseload and therefore are not readily available to be made as acting family court judges.
Further, although supreme court has concurrent jurisdiction with the family court over family matters, there is also only one Supreme Court Justice in Chautauqua County who also grapples with a heavy caseload.
This legislation would therefore decrease the burden on Chautauqua County's sole family court judge help them address the high case load.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: $119,800 to the state, as laid out in Judiciary Law Article 7(b)
EFFECTIVE DATE: This act shall take effect immediately; provided that the additional family court judge in the county of Chautauqua provided for in this act shall first be elected in the general election to be held in November 2013 and shall take office on January 1, 2014.
STATE OF NEW YORK ________________________________________________________________________ 3899 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act, in relation to the number of fami- ly court judges in the county of Chautauqua THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 131 of the family court act is amended by adding a new subdivision (u) to read as follows: (U) IN THE COUNTY OF CHAUTAUQUA THERE SHALL BE A TOTAL OF TWO FAMILY COURT JUDGES AND THE NUMBER OF SUCH JUDGES NOW EXISTING IS HEREBY INCREASED ACCORDINGLY. THE COMPENSATION OF SUCH ADDITIONAL FAMILY COURT JUDGE SHALL BE THE SAME AS THE COMPENSATION PAID TO THE EXISTING FAMILY COURT JUDGE IN SUCH COUNTY. S 2. This act shall take effect immediately; provided that the addi- tional family court judge in the county of Chautauqua provided for in this act shall first be elected in the general election to be held in November 2013 and shall take office on January 1, 2014.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09292-01-3