Creates the thirteenth judicial district consisting of the county of Richmond; provides for continued employment of employees of supreme court in county of Richmond.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2688B
SPONSOR: Cusick (MS)
 
TITLE OF BILL: An act to amend the judiciary law, in relation to the
creation of the thirteenth judicial district consisting of the county of
Richmond and a supreme court library at Richmond
 
PURPOSE:
Creates the thirteenth judicial district consisting of the county of
Richmond. This measure mirrors Chapter 1006 of 1981 that created the
twelfth judicial district consisting Bronx County.
 
SUMMARY OF PROVISIONS:
Sections one and two amend sections 70 and 140 of the Judiciary Law to
create the thirteenth Judicial District consisting of the County of
Richmond.
Section three amends subdivisions 2 and 12 of the Judiciary Law and also
adds a new subdivision 13.
Section four relates to the county of Richmond court library.
Section five relates to justices of the second and thirteenth judicial
districts.
Section six amends the Judiciary Law by adding a new section 815 creat-
ing the Supreme Court Library at Richmond County.
Section seven relates to the intended object of this act to erect, in
the second judicial department, the thirteenth judicial district
comprised of the County of Richmond.
Section eight is a severability clause.
Section nine is the effective date.
 
EXISTING LAW:
Nominations for State Supreme Court justices are often arbitrated and
determined at Judicial Conventions. Delegates to these conventions are
elected in a process which reflects the population of each county that
comprises a judicial district. Thus, counties with larger populations
receive more delegates and in turn, more power to determine who is nomi-
nated to the judgeship.
 
JUSTIFICATION:
Consequently, under this structure, it is possible for one county in a
district to receive, by virtue of its population size, an irrefutable
monopoly on power in this nomination process. In New York State's Second
Judicial District, which is comprised of the counties of Richmond
(Staten Island) and 'Kings (Brooklyn), just such a scenario exists. Such
a monopoly was exemplified a few years ago when a Supreme Court seat,
traditionally held by a Staten Island resident, was filled by a judge
from Kings County, despite pleas for fairness by Staten Island deleg-
ates. With this appointment, Staten Island -- a county of over 450,000
residents (15.5% of the District) -- was left with just 4 Supreme Court
justices who are residents of the Island.
Based on its size, a minimum of 7 of the 48 justices should be from
Staten Island. In contrast to this, 44 of the 48 justices for this
district have been filled by residents of the county of Kings. However,
based on its population of 450,153 -- which is 15.5% of total district
-- Staten Island should have a minimum of 7 justices. Brooklyn's popu-
lation of 2,465,286 is 84.5% -- not the 91.6% indicated by virtue of
having 44 justices. This argument has recently been reinforced by the
2000 census data which revealed that while the population of the County
of Richmond (Staten Island) increased by 71,176 (18.78%), Kings County
(Brooklyn), also expanded by 164,622 (7.15%). These statistics clearly
indicate that the population growth incurred will allow Kings County
(Brooklyn) to continue to dominate. Additionally, the sheer size of this
judicial district will surely cause further delays and clog the already
overburdened system even more.
On the other hand, this enlarged population base of Staten Island justi-
fies its own separate and independent 13th Judicial District. Staten
Island was the fourth fastest-growing county in the State. For the peri-
od from July 1,2000, to July 1, 2002 Staten Island's population
increased an estimated 11,886, for a growth rate of 2.7%. The strikingly
unfair distribution of authority to determine justices, combined with
the extra strain on the system, can only be rectified by separating
Staten Island from the 2nd Judicial District and by creating a 13th
Judicial District comprised solely of Staten Island.
 
LEGISLATIVE HISTORY:
Similar to:
2006: S.1417 - Passed Senate/A.2621 - Referred to Judiciary.
2005: S.1417 - Passed Senate/A.2621 - Referred to Judiciary.
2004: S.1884 - Passed Senate/A.4308 - Referred to Judiciary.
2003: S.1884 - Passed Senate/A.4308 - Referred to Judiciary.
 
FISCAL IMPLICATIONS:
None. This legislation does not alter the number of judges, officers or
employees assigned to the districts.
 
EFFECTIVE DATE:
This act shall take effective immediately except that the provisions of
sections one through six of this act shall take effect January 1, 2009.