BILL NUMBER: S6210

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring data report-
ing by the chief administrator to delineate specific information relat-
ing to county, city, town, village and district courts

 
PURPOSE OF BILL:

To provide for the compilation and reporting of case data from village
and town courts by the chief administrator of the courts in the same
form and to the same extent as that required of state courts in the
unified court system, specifically with regard to family offenses,
misdemeanor offenses, violations, and eviction proceedings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subsection 2, paragraph e of section 212 of the judici-
ary law to specifically include county, city, town, village, and
district courts among those courts for which the chief administrator is
              

required to compile and report data on family offenses, proceedings, or
actions.

Section 2 amends subsection 2, paragraph u-1 of section 212 of the judi-
ciary law to specifically include county, city, town, village, and
district courts among those courts for which the chief administrator is
required to compile and report data on misdemeanor offenses.

Section 3 amends subsection 2, paragraph v-1 to specifically include
city, town, village, and district courts among those courts for which
the chief administrator is required to compile and report data on
violations.

Section 4 amends subsection 2 by adding new paragraphs cc, cc-1 and dd.

Paragraph cc requires the chief administrator to prepare forms and
compile and publish data on eviction proceedings in all courts, disag-
gregated by individual county, city, town, village, and district courts.

Paragraph cc-1 requires the chief administrator to make such data
publicly available on the website of the office of court administration
and to include such information in the annual report submitted to the
legislature required by paragraph j of subdivision one of section 212.

Paragraph dd requires the chief administrator to likewise require the
compilation and reporting of case data to include data from county,
city, town, village, and district courts, disaggregated by individual
court, wherever the compilation, reporting and public availability of
court data is required by this section, or by other statute or regu-
lation, or at the direction of the chief administrator. This includes
the reporting required by judiciary law section 216 subsection 5 regard-
ing pretrial release and detention.

Section 5 sets the effective date.

 
JUSTIFICATION:

New York's town and village courts, also known as "justice courts," may
be the only court a New York resident ever finds themselves in as a
defendant or petitioner, whether to contest a moving or parking
violation, a local code violation, a misdemeanor charge, or an eviction,
or to request an order of protection. An arraignment in village or town
court, and the setting of bail, or release on conditions, may be the
first step of a felony prosecution before transfer to a higher court.
Family offenses and related requests for orders of protection may also
first be addressed in a village or town court.

The NYS Unified Court System 2022 Annual Report, refers to village and
town courts as the "courts closest to the people. (1) As of 2022, there
were 1,189 town and village courts in the 57 counties outside New York
City.

According to the NYS Commission on Judicial Conduct, "Collectively, the
town and village courts throughout New York State hear approximately two
million cases a year, such as speeding tickets and driving while intoxi-
cated, small claims, landlord-tenant proceedings and misdemeanors. Town
and village court justices may also preside at the arraignment of
defendants charged with most felonies, set bail and issue or deny orders
of protection." (2)

According to the Fund for Modern Courts,"Every year, New York's Town and
Village Courts preside over a large number of summary (i.e., eviction)
proceedings, each of which can result in significant disruptions to
families and the loss of a necessity of life: one's home." (3)


Despite their key role in our justice system, and the part they play in
many New Yorkers' lives, data regarding the operation of these courts
and the processing of cases within them is hard to come by.  This was
brought home dUring the Covid-19 pandemic, when legislators struggled to
find useful data on eviction proceedings in village and town courts to
guide them in decision-making.

In large part in response to legislation directing the chief administra-
tor to collect and publish data on certain categories of cases, includ-
ing arraignments, family offenses, misdemeanors, and violations, the
court's Division of Technology & Court Research (DoTCR) has created
publicly accessible data dashboards. DoTCR has also created a statewide
landlord tenant eviction dashboard.

However, the data made available regarding town and village court case
filings and case outcomes remains insufficient. For instance, warrants
of eviction issued are only available for city and district courts
statewide; town and village data are not available. Moreover, the
collection and reporting of such eviction case data from town and
village courts is not required by statute. Likewise provisions in judi-
ciary law requiring compilation and reporting of case data on family
offenses, misdemeanors, and violations does not explicitly reference
village and town courts. And despite the mandate in judiciary law
section 216, subsection 5, to include village and town court data,
pretrial release data is not readily available for village and town
courts on the office of court administration's pretrial release data
dashboard.


This bill would remedy that gap, by mandating compilation and reporting
of evictions and other court data from all courts, expressly including
town and village courts, and by requiring that all such data be made
publicly available.

Wherever the chief administrator is required to compile, report, and
make court data publicly available, or wherever the chief administrator
opts to require such compilation, reporting, and public availability of
data, this shall include data from all county, city, town, village, and
district courts, disaggregated by locality.

 
PRIOR LEGISLATIVE HISTORY:

New bill.


 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
1 NYS Unified Court System, 2022 Annual Report, available at
 
HTTPS://WWW.NYCOURTS.GOV/LEGACYPDFS/22_UCS-ANNUAL_ REPORT.PDF
(2) New York State Commission on Judicial Conduct, Assistance for Town
and Village Justices, available at
 
HTTPS://CJC.NY.GOV/POLICY.STATEMENTS/TOWN_&_VILLAGE COURTS.HTML
(3) Fund for Modern Courts, Summary Proceedings in New York's Town and
Village Courts: Ideas for Improvement,_ available at
http://moderncourts.org/wp-
content/uploads/2013/10/Summary-Proceedings-in-New-York-Town-and-Village-
Justice-Courts-Ideas-for-Improvement.pdfhttp://moderncourts.org/wp-con
tent/uploads/2013/10/Summary-Proceedings-in-New-York-Town-and-Village-Jus
tice-Courts-Ideas-for-Improvement.pdf

                                 
BILL NUMBER: S6210B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring data report-
ing by the chief administrator to delineate specific information relat-
ing to all courts in the unified court system, including town and
village courts

 
PURPOSE OF BILL:

To provide for the compilation and reporting of case data from town and
village courts by the chief administrator of the courts in the same form
and to the same extent as that required of state courts in the unified
court system, specifically with regard to family offenses, misdemeanor
offenses, violations, and eviction proceedings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph e of subdivision 2 of section 212 of the
judiciary law to specifically include town and village courts among
              

those courts for which the chief administrator is required to compile
and report data on family offenses, proceedings, or actions.

Section 2 amends paragraphs u-1 and v-1 of subdivision 2 of section 212
of the judiciary law to specifically include town and village courts
among those courts for which the chief administrator is required to
compile and report data on misdemeanor offenses and violations.

Section 3 amends paragraph w-1 of subdivision 2 of section 212 of the
judiciary law to require the chief administrator to include information
collected from town and village courts pursuant to this act in the annu-
al report submitted to the legislature and governor, and to make such
information available to the public by posting it on the website of the
office of court administration, updated on a monthly basis.

Section 4 amends subdivision 2 by adding new paragraphs ff and gg.

Paragraph ff requires the chief administrator to prepare forms and
compile and publish data on eviction filings, proceedings or actions in
all courts in the unified court system, including town and village
courts, disaggregated by county and by individual court.

Paragraph gg provides that wherever the chief administrator is required
to compile, report, and make court data publicly available, or wherever
the chief administrator opts to require such collection, reporting, and
public availability of data, this shall include data from town and
village courts. This includes the reporting required by judiciary law
section 216 subsection 5 regarding pretrial release and detention.

Section 5 sets the effective date.

 
JUSTIFICATION:

New York's town and village courts, also known as "justice courts," may
be the only court a New York resident ever finds themselves in as a
defendant or petitioner, whether to contest a moving or parking
violation, a local code violation, a misdemeanor charge, or an eviction,
or to request an order of protection. An arraignment in town or village
court, and the setting of bail or release on conditions, may be the
first step of a felony prosecution before transfer to a higher court.
Family offenses and related requests for orders of protection may also
first be addressed in a village or town court.

The NYS Unified Court System 2022 Annual Report, refers to town and
village courts as the "courts closest to the people."1 As of 2022, there
were 1,189 town and village courts in the 57 counties outside New York
City.

According to the NYS Commission on Judicial Conduct, "Collectively, the
town and village courts throughout New York State hear approximately two
million cases a year, such as speeding tickets and driving while intoxi-
cated, small claims, landlord-tenant proceedings and misdemeanors. Town
and village court justices may also preside at the arraignment of
defendants charged with most felonies, set bail and issue or deny orders
of protection."2

According to the Fund for Modern Courts,"Every year, New York's Town and
Village Courts preside over a large number of summary (i.e., eviction)
proceedings, each of which can result in significant disruptions to
families and the loss of a necessity of life: one's home."3

Despite their key role in our justice system, and the part they play in
many New Yorkers' lives, data regarding the operation of these courts
and the processing of cases within them is hard to come by.  This was
brought home during the Covid-19 pandemic, when legislators struggled to
find useful data on eviction proceedings in village and town courts to
guide them in decision-making.

In large part in response to legislation directing the chief administra-
tor to collect and publish data on certain categories of cases, includ-
ing arraignments, family offenses, misdemeanors, and violations, the
court's Division of Technology & Court Research (DoTCR) has created
publicly accessible data dashboards. DoTCR has also created a statewide
landlord tenant eviction dashboard.

However, the data made available regarding town and village court case
filings and case outcomes remains insufficient. For instance, warrants
of eviction issued are available only for city and district courts
statewide; town and village data are not available. Moreover, the
collection and reporting of such eviction case data from town and
village courts is not required by statute. Likewise provisions in judi-
ciary law requiring compilation and reporting of case data on family
offenses, misdemeanors, and violations does not explicitly reference
town and village courts. And despite the mandate in judiciary law
section 216, subsection 5, to include town and village court data,
pretrial release data is not readily available for town and village
courts on the Office of Court Administration's pretrial release data
dashboard.

This bill would remedy that gap, by mandating compilation and reporting
of evictions and other court data from all courts, expressly including
town and village courts, and by requiring that all such data be made
publicly available.


Wherever the chief administrator is required to compile, report, and
make court data publicly available, or wherever the chief administrator
opts to require such compilation, reporting, and public availability of
data, this shall include data from all courts in the unified court
system, including town and village courts, disaggregated by county, and
by individual court.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, sections one and two of this
act shall take effect one year after it shall have become a law; and
provided, further, the amendments to the opening paragraph of paragraph
(v-1) of subdivision 2 of section 212 of the judiciary law made by
section two of this act shall take effect two years after it shall have
become a law.
1 NYS Unified Court System, 2022 Annual Report, at 43, available at
https://www.nycourts.gov/legacyPDFS/22 UCS-Annual Report.pdf
2 New York State Commission on Judicial Conduct, Assistance for Town and
Village Justices, available at https://cjc.ny.gov/Policy.Statemen s/town
& village courts.html
3 Fund for Modern Courts, Summary Proceedings in New York's Town and
Village Courts: Ideas for Improvement, at 1, available at
http://moderncourts.org/wp-content/uploads/2013/10/Summary- Proceed-
ings-in-New-York-Town-and-Village- Justice-Courts-Ideas-for-
Improvement.pdf