Judiciary of New York

Outside New York City, the 57 individual County Courts hear felony criminal cases.

The Supreme Court has exclusive jurisdiction over most cases in which a party seeks equitable relief such as an injunction, declaratory judgment actions, or proceedings for review of many administrative-agency rulings.

The court also has exclusive jurisdiction over matrimonial actions seeking a divorce, legal separation, or annulment of a marriage.

[17][18][19] The appellate term and trial court opinions are published selectively in the Miscellaneous Reports.

[29] The judiciary's 2014–2015 budget request stated that the "expansion of electronic filing continues as a high priority", and stated that it launched a new website that permits the public to order criminal history searches for which it collects $92 million annually.

[31] The Administrative Board is composed of the chief judge and presiding justices of each Supreme Court Appellate Division department.

[32] The New York State Judicial Institute serves as a statewide center for the education, training, and research facility for judges, justices, and other personnel.

In the State Legislature, the Senate Judiciary and Assembly Judiciary standing committees conduct legislative oversight, budget advocacy, and otherwise report bills on the judicial branch, both state and local courts.

Judges of the Court of Appeals are appointed by the Governor with the advice and consent of Senate upon recommendation of the Commission on Judicial Nomination.

[56][57] Judges are regulated by the Rules Governing Judicial Conduct promulgated by the Chief Administrative Judge, the Code of Judicial Conduct adopted by the New York State Bar Association, and the relevant rules of the respective Appellate Division departments.

[58][59] The eleven-member New York State Commission on Judicial Conduct receives complaints, investigates, and makes initial determinations regarding judicial conduct and may recommend admonition, censure, or removal from office to the Chief Judge and Court of Appeals.

[60][58][61] The Ethics Commission for the Unified Court System administers financial disclosure requirements.

[64] Potential jurors are randomly selected from lists of registered voters, holders of a driver's licenses or ID issued by the Division of Motor Vehicles, New York state income tax filers, recipients of unemployment insurance or family assistance, and from volunteers.

[69] Applicants must be interviewed in person by a member of the Appellate Division department's Character and Fitness Committee after passing the Uniform Bar Exam, Multistate Professional Responsibility Examination, New York Law Course, and New York Law Exam.

[76] District attorneys are legally permitted to delegate the prosecution of petty crimes or offenses.

[77][78] For example, prosecutors do not normally handle New York City Criminal Court summons court cases, and the NYPD's Legal Bureau has a memorandum of understanding with the district attorneys, at least in Manhattan, allowing the NYPD to selectively prosecute them.

[83] The state Mental Hygiene Legal Service (MHLS) provides legal representation, advice, and assistance to mentally disabled persons under the care or jurisdiction of state-operated or licensed facilities concerning their admission, retention, care, or treatment.

[96] A court attorney is a lawyer who works with and assists the judge by researching legal questions and helping to write decisions.

[97] For example, New York is one of only four states that does not allow judges to consider public safety when making a bail determination.

[102] But there have been accusations of systematic trial delays,[103][104] especially with regards to the New York City stop-and-frisk program.

[105] There have also been allegations that excessive pre-trial detention and systematic trial delays are used to pressure defendants to accept plea bargains.

[99][106][107] In 2006 a commission appointed by Chief Judge Judith Kaye found that the county public defender system provided "an unconstitutional level of representation [...] impugning the fairness of New York's criminal justice system".

[109] New York's judicial nominating conventions have been criticized as opaque, brief and dominated by county party leaders.

[110] When one New York judge brought an unsuccessful challenge to the constitutionality of the state's judicial nomination system to the U.S. Supreme Court, Justice John Paul Stevens wrote in a concurring opinion: "[A]s I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws.