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Contact: Mark Mahoney
Associate Director of Media Services
mahoney@nysba.org
518-487-5532
May 29, 2012
STATE BAR ASSOCIATION JOINS COALITION IN SUPPORTING
SIMPLIFICATION OF NEW YORK'S COURT SYSTEM
The New York State Bar Association is urging lawmakers to begin the
process of amending the state Constitution to simplify and reorganize
the state court system, one of the most complex and cumbersome in the
nation.
In keeping with the Bar Association’s 2012 legislative priorities,
the Bar Association has joined with the Coalition for Court
Simplification--an organization of about 50 state business leaders, good
government groups, legal organizations and citizen advocates--in seeking
these long-overdue reforms. (Website: www.moderncourts.org).
“The existing court structure no longer adequately serves the
citizens of New York,” said Bar Association President Vincent E.
Doyle III of Buffalo (Connors & Vilardo). “The labyrinth of
overlapping jurisdictions of multiple courts creates unnecessary
financial burdens and delays for millions of litigants. It needs to be
changed.”
The Bar Association and the coalition are calling for a constitutional
amendment that would replace the existing system with a simplified
two-tiered state trial court structure that would enhance the
public’s understanding of the system and allow all aspects of a
matter to be heard in a single court.
Under the current system, for instance, a contested divorce involving
children might fall under the jurisdictions of three separate courts:
Supreme Court to deal with marital separation and financial matters,
Family Court to deal with child custody issues, and County Court to deal
with domestic violence and orders of protection. This multi-court
approach places an undue burden on the parties involved, adding costs
and unnecessary delays.
The Coalition says revamping the court system could save taxpayers $121
million a year, as well as save litigants about $433 million annually in
attorney’s fees, court filing fees, lost wages and other related
costs. It is co-chaired by former Bar Association President Stephen P.
Younger of New York City (Patterson, Belknap, Webb & Tyler) and Fern
Schair of New York City (Fordham Law School).
Amending the state Constitution requires approval by two separately
elected state legislatures and a statewide referendum.
The 77,000-member New York State Bar Association is the
largest voluntary state bar association in the nation. It was founded in
1876.
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