NCJ Number
138568
Date Published
1973
Length
83 pages
Annotation
In 1973, the New York State Temporary Commission on the State Court System found that the system should be administered more strongly, structured more effectively, and financed fully by the State.
Abstract
In its final report, the Commission laid out 180 recommendations, divided into five major studies on (1) administering the court system; (2) financing the court system; (3) structuring the court system; (4) selecting and disciplining judges; and (5) releasing, detaining, and indicting criminal defendants. This section of the report contains the three latter detailed studies. The Commission recommended the creation of a two-tiered trial court and a two-tiered appellate court system. Other proposals would merge various courts in order to reduce the numbers and kinds of courts, minimize overlapping jurisdiction, increase the flexibility of judicial administrators in managing court caseloads, and appropriately distribute different types of legal matters to various tribunals. The section on selecting judges details the Commission's recommendations regarding judges for the Court of Appeals, Appellate Court, Superior Court, District Court, New York City Criminal and Civil Courts, and city and town courts. The Commission recommended establishing a permanent Statewide commission on judicial conduct that would investigate alleged cases of misconduct and would have the authority to censure judges. The final section discusses the abolition of bail, the detention/release system, misdemeanor violations and traffic infractions, preventive detention, pretrial services, speedy trial, release of material witnesses, prosecution for failure to appear, and release after conviction.