Provides for additional family court judges in the city of New York and in the counties of Albany, Broome, Chautauqua, Chemung, Erie, Monroe, Nassau, Niagara, Oneida, Oswego, St. Lawrence, Schenectady, Suffolk and Westchester.
Ayes (20): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, Farley, Leibell
Ayes W/R (13): DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Hannon, Larkin, Nozzolio, Maziarz, Marcellino, Robach
Ayes (32): Adams, Addabbo, Aubertine, Breslin, Diaz, Dilan, Duane, Espada, Foley, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Montgomery, Onorato, Oppenheimer, Parker, Peralta, Perkins, Sampson, Savino, Schneiderman, Serrano, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky
Nays (29): Alesi, Bonacic, DeFrancisco, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Johnson O, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Nozzolio, Padavan, Ranzenhofer, Robach, Saland, Seward, Skelos, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S5968A
TITLE OF BILL : An act to amend the family court act, in relation to judges of the family court
This measure is being introduced at the request of the Chief Judge of the State.
This measure would amend the Family Court Act to establish 21 new Family Court judgeships, as follows:
o in New York City, seven new judgeships, effective January 1, 2011.
o outside New York City, one new judgeship in each of the following fourteen counties, effective January 1, 2011 (with each judgeship first being filled at the November 2010 general election): Albany, Broome, Chautauqua, Chemung, Erie, Monroe, Nassau, Niagara, Oneida, Oswego, St. Lawrence, Schenectady, Suffolk and Westchester.
While the past several decades have seen increasing legislative recognition of the needs of children and families in New York, in the form of landmark statutes promoting child permanency and enhancing family justice, these salutary efforts have not been matched by provision for a corps of Family Court judgeships sufficiently large to meet the greater caseloads and complexity of proceedings in our courts today. The consequences of this neglect, if not attended to soon, will be disturbing, indeed heartbreaking - and utterly unacceptable: justice delayed for children and families whose safety and welfare can require immediate intervention, children growing up in foster care instead of permanent homes, children graduating from Family Court to Criminal Court instead of high school and college, missed opportunities and spiraling inefficiency for juvenile justice and legal defense agencies.
This measure will go a long way toward redressing this unintended and lamentable condition. If enacted, it would represent the first major infusion of new Family Court Judges in New York in over three decades and begin to provide the State's family justice system with the resources needed to protect the most vulnerable members of our community.
This measure would take effect immediately.
LEGISLATIVE HISTORY : None. New proposal.
STATE OF NEW YORK ________________________________________________________________________ 5968--A 2009-2010 Regular Sessions IN SENATE June 19, 2009 ___________Introduced by Sens. SAMPSON, MONTGOMERY, THOMPSON -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- 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 family court act, in relation to judges of the fami- ly court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 121 of the family court act, as amended by chapter 209 of the laws of 1990, is amended to read as follows: S 121. Number of judges. The family court within the city of New York shall consist of
[forty-four judges and, as of July first, nineteen hundred ninety, shall consist of forty-five judges and, as of April first, nineteen hundred ninety-one, shall consist of forty-seven]FIFTY-FOUR judges, EFFECTIVE JANUARY FIRST, TWO THOUSAND ELEVEN. [At least one of the persons appointed to the office of judge of the family court created by this section, shall be a resident of the county of Richmond and hereafter there]THERE shall be at least one family court judge resident in each county of the city of New York. [The amount of compensation for such new family court judges shall be equal to the compensation payable to existing family court judges in the city of New York.]S 2. Section 131 of the family court act is amended by adding a new subdivision (u) to read as follows: (U) THERE SHALL BE AN ADDITIONAL FAMILY COURT JUDGE FOR EACH OF THE FOLLOWING COUNTIES: ALBANY, BROOME, CHAUTAUQUA, CHEMUNG, ERIE, MONROE, NASSAU, NIAGARA, ONEIDA, OSWEGO, ST. LAWRENCE, SCHENECTADY, SUFFOLK AND WESTCHESTER. THE COMPENSATION OF EACH SUCH ADDITIONAL FAMILY COURT JUDGEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14413-02-0 S. 5968--A 2
SHALL BE THE SAME AS THE COMPENSATION PAID TO EACH EXISTING FAMILY COURT JUDGE IN THE COUNTY FOR WHICH IT IS ESTABLISHED. S 3. This act shall take effect January 1, 2011; provided, however, the additional family court judges provided for by section two of this act shall first be elected at the general election to be held in Novem- ber 2010 and shall first take office January 1, 2011.