New York State Unified Court System
Encyclopedia
The New York State Unified Court System is the official name of the judicial system of New York
in the United States
. Based in Albany
, the New York State Judiciary is a unified state court system that functions under the Chief Judge of the New York Court of Appeals
who is its administrator-in-chief and known as "The Chief Judge of New York." Note that this terminology differs from that of other states.
The chief judge supervises the seven-judge Court of Appeals. In addition, the chief judge oversees the work of the state's Unified Court system, which as of 2009, had a $2.5 billion annual budget and more than 16,000 employees.
Additionally, it may review cases from NYC Civil and Criminal Courts. It may review cases from County Courts for criminal cases.
Appeals from its decisions are made directly to the highest court of the state for criminal cases, The Court of Appeals. For civil cases, appeals may be made to the Appellate Divisions of the Supreme Court.
is the State's second highest court that reviews appeals from state trial court or agency decisions. Its decisions, under certain circumstances, are subject to the New York Court of Appeals review. Note that this terminology for this court is different from most other states where "supreme" means highest instead of "superior." This court is divided into four departments, one court for each department.
Civil and criminal cases may be initially tried here in certain cases. Rulings from those cases may be appealed to either the Appellate Division of the Supreme Court or the Appellate Terms if the Supreme Court 1st and 2nd Departments.
and the New York City Civil Court
. The following describes the system for the rest of the state outside of New York City.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Based in Albany
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
, the New York State Judiciary is a unified state court system that functions under the Chief Judge of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
who is its administrator-in-chief and known as "The Chief Judge of New York." Note that this terminology differs from that of other states.
Chief Judge
- For a complete list of Chief Judges see Chief Judge of the New York Court of AppealsChief Judge of the New York Court of AppealsChief Judge of the New York Court of Appeals refers to the position of chief judge on the New York Court of Appeals.The chief judge supervises the seven-judge Court of Appeals...
.
The chief judge supervises the seven-judge Court of Appeals. In addition, the chief judge oversees the work of the state's Unified Court system, which as of 2009, had a $2.5 billion annual budget and more than 16,000 employees.
Chief Administrative Judge
The Chief Administrative Judge oversees the administration and operation of the Statewide court system with a $2 billion budget, 3,600 State and locally paid Judges and over 15,000 nonjudicial employees in over 300 locations around the State.- A. Gail Prudentihttp://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202519670024&Prudenti_Named_Chief_Administrative_Judge, 2011-
- Ann PfauAnn PfauAnn Pfau is an American jurist and former Chief Administrative Judge of the State of New York.-Early life and education:She graduated from Wells College in 1970. She later received an MA from Columbia University in 1973 and a JD from the Brooklyn Law School in 1984.-Legal career:Pfau began her...
http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202519506540&Pfau_to_Resign_as_Courts_Top_Administrator&slreturn=1, 2007-2011 - Jonathan LippmanJonathan LippmanJonathan Lippman is an American jurist and currently Chief Judge of the New York Court of Appeals.-Early life and education:Lippman is a Manhattan native...
, 1996-2007 - E. Leo MilonasE. Leo MilonasE. Leo Milonas is an American lawyer who served for 26 years as a judge in New York State. He is now a partner with the law firm Pillsbury Winthrop.-Career:...
, 1993-1995 - Matthew T. Crosson, 1989-1993
- Albert M. Rosenblatt, 1987-1989
- Joseph W. Bellacosa, 1985-1987
- Robert J. Sise, 1983-1985
- Herbert J. Evans, 1979-1983
- Richard J. Bartlett, 1974-1979
Principal Courts
There are three levels of courts in the state: 1) the courts of original instance, where the initial court proceedings occur; 2) the intermediate appellate courts; and 3) the courts of final appeal. Jurisdiction differs for civil and criminal courts.Court of final appeal
The New York State Court of Appeals is the State's highest court, and makes binding decisions over appeals from the lower courts upon transfer from a) the Appellate Division alone for civil cases; and b) (1) the Appellate Division, (2) the Appellate Terms of the Supreme Court 1st and 2nd Department, and (3) County Courts, for criminal cases.Appellate Terms of the Supreme Court 1st and 2nd Departments
This court may review decisions made by City, Town and Village Courts, and District Courts for civil and criminal cases.Additionally, it may review cases from NYC Civil and Criminal Courts. It may review cases from County Courts for criminal cases.
Appeals from its decisions are made directly to the highest court of the state for criminal cases, The Court of Appeals. For civil cases, appeals may be made to the Appellate Divisions of the Supreme Court.
Court of final appeal for civil; an intermediate appellate court for criminal
The New York Supreme Court, Appellate DivisionNew York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
is the State's second highest court that reviews appeals from state trial court or agency decisions. Its decisions, under certain circumstances, are subject to the New York Court of Appeals review. Note that this terminology for this court is different from most other states where "supreme" means highest instead of "superior." This court is divided into four departments, one court for each department.
Intermediate appellate court for both civil and criminal cases; a court of original instance for criminal cases
The New York State County Courts is the first level of appeal from the City, Town, and Village Courts for both criminal and civil matters. After it rules, civil cases may be appealed to the Appellate Division of the Supreme Court; criminal cases may be appealed directly to the highest court, the Court of appeals.Civil and criminal cases may be initially tried here in certain cases. Rulings from those cases may be appealed to either the Appellate Division of the Supreme Court or the Appellate Terms if the Supreme Court 1st and 2nd Departments.
Courts of original instance
The court system is different at the trial court and civil court level in New York City. See New York City Criminal CourtNew York City Criminal Court
The New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....
and the New York City Civil Court
New York City Civil Court
The New York City Civil Court is a court hearing civil cases within New York City. By volume, it is the largest civil jurisdiction court in the United States, and handles about 25% of the total filings of the entire New York state court system.-Jurisdiction:...
. The following describes the system for the rest of the state outside of New York City.
- The primary civil court in New York is the New York State Supreme CourtsNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
. Note the difference in terminology from other states. This court hears cases beyond the authority of the lower courts such as civil matters where damages exceed the monetary limits of the lower courts’ jurisdiction; also divorce, separation and annulment proceedings, and criminal prosecutions of felonies. There are ten commercial divisions of this court which handle complex commercial matters for ten jurisdictions in the state.
- The probate court in New York is the New York State Surrogate's CourtsSurrogate CourtA probate court is a specialized court that deals with matters of probate and the administration of estates....
. They have exclusive jurisdictionExclusive jurisdictionIn civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
over probateProbateProbate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, and guardianship. They are located in every county of the state. They handle adoptions. Judges are elected to 10-year terms in each county outside of NYC and to 14-year terms in NYC counties.
- The New York State Family Courts have exclusive jurisdiction over cases involving legal minors involving delinquency, status offenses, abuse and neglect, termination of parental rights, adoption, guardianships and detention among others. The Family Courts also oversee cases of domestic relations involving divorce, child support, custody matters among others. Judges outside New York City are elected to 10-year terms. Those serving in NYC are appointed to 10-year terms by the Mayor.
- The New York State Court System is divided into thirteen Judicial Districts (JDs). There are six upstate JD's, each comprising 5-11 counties. There are five JDs in New York City and two on Long Island.
- District Courts, located in Nassau County and the five western towns of Suffolk County, arraign felonies and handle misdemeanors and lesser offenses as well as civil lawsuits involving claims of up to $15,000.
- County Courts are located in each county outside New York City. They try felony cases, and can try misdemeanors. In actual practice most misdemeanor offenses are handled by the lower courts. County Courts can try civil matters of up to $25,000. Judges are elected to 10-year terms. In smaller counties, the County Court judge may substitute as the Family Court judge or Surrogate or both.
- City Courts handle the arraignment of felonies. They judge misdemeanors and lesser offenses as well as civil lawsuits involving claims of up to $15,000. Some City Courts have small claims parts for the informal disposition of matters involving claims of up to $5,000 and/or housing parts to handle landlord-tenant matters and housing violations. City Court judges may be elected or appointed, depending upon the city. Full-time City Court judges serve 10-year terms. Part-time City Court judges serve six-year terms.
- Town and Village Courts try misdemeanors and lesser offenses. They also arraign defendants accused of felonies who are destined for County Court. These courts hear civil lawsuits involving claims of up to $15,000 (including small claims cases of up to $3,000). Justices are elected to four-year terms. The majority of justices are not attorneys. Non-attorney justices must successfully complete a certification course and participate in continuing judicial education.
Other Courts
- The New York Court of ClaimsNew York Court of ClaimsThe New York State Court of Claims is the court which handles all claims against the State of New York and certain state agencies. It is not a small claims court. Judges of the Court of Claims are appointed by the Governor of New York and confirmed by the State Senate for a 9-year term...
is the venue for litigation against the State of New York itself.
- There are a group of courts which are called "problem-solving." They include Drug Court, Domestic Violence Court, Sex Offense Court, Mental Health Court, and "Community Court" which attempts to intervene with alternative sentences in order to halt the cycle of criminal activity.
Historical Courts
- New York Court for the Trial of ImpeachmentsNew York Court for the Trial of ImpeachmentsThe Court for the Trial of Impeachments, and the Correction of Errors was established by the New York State Constitution of 1777. It consisted then of the Lieutenant Governor of New York , the Chancellor, the justices of the New York Supreme Court and the members of the New York State Senate...
- New York Court of ChanceryNew York Court of ChanceryThe New York Court of Chancery was established during the colonial administration on August 28, 1701, the colonial governor acting as Chancellor. The New York State Constitution of 1777 continued the court but required a lawyer to be appointed Chancellor. It was the court with jurisdiction on cases...
- New York State Circuit CourtsNew York State Circuit CourtsThe New York State Circuit Courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846.-History:...
- New York Court of Common PleasNew York Court of Common PleasThe New York Court of Common Pleas was a state court in New York. Established in New Netherland in 1686, the Court remained in existence in the Province of New York and, after the American Revolution, in the U.S...