The need to simplify New York State’s crazy quilt of courts, where there are nine separate trial courts, except in those areas where there are 11 separate trial courts, has been apparent since the current hodgepodge was ratified by New Yorkers in a 1961 constitutional referendum.
That reform, six decades ago, abolished such archaisms as domestic relations courts, children’s courts, the court of general sessions and municipal court. It was a good start, but there’s been no improvement since, leaving in place a confusing, expensive mess. And it’s not just taxpayers who fund this duplicative and disjointed setup. Litigants have to run from court to court, paying lawyer after lawyer and filing fee after filing fee to have a variety of separate judges consider their situation in whole. It makes the pursuit of justice into an actual physical exertion.
Like every one of her predecessors as the state’s chief judge, Janet DiFiore has long been urging consolidation, most recently again last week in her annual state of the judiciary speech. She is right, but consolidation isn’t up to the chief judge, it’s up to the Legislature, which must vote twice to place the measure on the ballot to amend the state Constitution. The closest it ever came was 1986, when reform passed both houses. But it was not approved the required second time in 1987 or 1988 and died.
Adamantly opposing simplification are the judges’ unions (yes, those exist). These are the same unions for which the Legislature unanimously passed a terrible bill regarding judicial retirement. Starting in 1691, New York had criminal Courts of Oyer and Terminer, Old Norman for “hear and determine,” brought to England by William the Conqueror. They were abolished in 1894, but would still be around if Oyer and Terminer judges had a union.
The only legislative bypass is a state constitutional convention, which we supported in 1977, 1997 and 2017, and which was defeated by forces of the status quo. The next chance will be in 2037.
