Talk:New York City courts
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Confused by lead
[edit]|Jim.henderson]] (talk) 02:23, 18 March 2009 (UTC)I really don't understand what the lead/lede (introductory) paragraph is saying. Is it saying that, instead of having jurisdiction for a particular county (borough), New York City courts cover the entire area and population of the City of New York (all five boroughs simultaneously)? I think (perhaps mistakenly) that that is what it's trying to say, but it doesn't convey that meaning clearly. And since very few courts cover that whole area, it might give a hint about what an individual judge or courtroom might cover, and how their jurisdictions are divided. [My pet, private hobgoblin is that while I know intellectually—although not instinctively—what "coterminous" means, the average Wikipedia reader (who is often of school age, and who often does not have an Anglophone background or education) will not.] —— Shakescene (talk) 01:47, 6 March 2009 (UTC)
- I'm sorry, but even after re-writing, the lead paragraph still doesn't say clearly whatever it's intended to. It's not just a matter of adjusting a phrase or two in these cobbled-together sentences. Someone who does understand what's intended needs to think from scratch how they'd explain New York courts out loud to a visitor from another continent or planet, and then construct the sentences that would convey that explanation. I think I understand what might be meant and could take a stab, but I'd much rather someone who was sure of the underlying reality. —— Shakescene (talk) 03:43, 10 March 2009 (UTC)
- Yes. I've had a connection with several cases through the years, civil and criminal, and all were conducted in the relevant boro. Well, the last one was Da Bronx for an injury in Midtown, but that turned out to be relevant because that's where the insurance company is. 5-Boro jurisdiction may be the law; relevant boro is the practice. Jim.henderson (talk) 20:21, 13 March 2009 (UTC)
- Maybe I should have written "someone who was sure of the underlying theory", which is what the lead paragraph still makes obscure enough that I don't feel competent to try a clarification. If I'm forced to, I'll Be Bold by posting my own foggy understanding of the intended meaning, and wait for better-informed editors to correct and refine it in the best traditions of Wikipedia (how it's s'posed to work), but I just don't have much confidence that will happen in a relatively obscure, little-visited page. —— Shakescene (talk) 08:17, 14 March 2009 (UTC)
- For all I know, all that stuff about jurisdiction may be not merely vaguely explained, but plain wrong. We have no citation. [[User:Jim.henderson
- Maybe I should have written "someone who was sure of the underlying theory", which is what the lead paragraph still makes obscure enough that I don't feel competent to try a clarification. If I'm forced to, I'll Be Bold by posting my own foggy understanding of the intended meaning, and wait for better-informed editors to correct and refine it in the best traditions of Wikipedia (how it's s'posed to work), but I just don't have much confidence that will happen in a relatively obscure, little-visited page. —— Shakescene (talk) 08:17, 14 March 2009 (UTC)
- Good point. I'm no New Yorker, but as with any place, there's seems to be a certain amount of commonly-received local wisdom about such matters that's just wrong or misunderstood or out-of-date or perpetually-proposed but never yet executed. And the court system in New York is rather arcane and resistant to generalities (e.g. formerly-elected county sheriffs & coroners replaced by what I think are now city-wide jobs, the Surrogate's Court, Supreme vs Superior, etc.) I may ask S/Sgt User:CORNELIUSSEON for help; he might be able to dig out what the relevant NY State Laws say about the courts of the 5 boroughs/counties. Of course, we could stick a query on WP:NYC in hopes someone with a better understanding may see it there. —— Shakescene (talk) 05:20, 18 March 2009 (UTC)
I do not understand the lead paragraph, either. Broadcaster101 (talk) 04:47, 3 April 2010 (UTC)
New York Unified Court System with Focus on New York City
[edit]“New York's Courts are diverse in character and geography. There are Justice Courts in towns and villages where lay judges dispense simple justice. City Courts, County Courts, Family Courts and Surrogates Courts are spread throughout the State's cities and 62 counties. There are also Courts of Claim (for suits against the State). In addition, there is an elaborate appellate structure where the complexities of ever-developing jurisprudence are honed and refined…”[1].
Trial Courts
[edit]The trial courts of superior jurisdiction are the Supreme Courts, the Court of Claims, the Family Courts, the Surrogate’s Courts and, outside New York City, the County Courts. In New York City, the Supreme Court exercises both civil and criminal jurisdiction. Outside New York City, Supreme Court exercises civil jurisdiction, while County Court generally handles criminal matters.
The trial courts of limited jurisdiction in New York City are the NYC Civil Court and the NYC Criminal Court. Outside New York City, the trial courts of limited jurisdiction are the City Courts, which have criminal jurisdiction over misdemeanors and lesser offenses, and civil jurisdiction over claims of up to $15,000. There are District Courts in Nassau County and parts of Suffolk County. District Courts have criminal jurisdiction over misdemeanors and lesser offenses, and civil jurisdiction over claims of up to $15,000.
New York State Judicial Departments and Districts
[edit]- For administrative purposes, the sixty-two counties that make up the State of New York are divided into thirteen Judicial Districts and four Judicial Departments.
Judicial Departments
[edit]- 1st and 12th Districts.
- 2nd, 9th, 10th, 11th, and 13th Districts.
- 3rd, 4th, and 6th Districts
- 5th, 7th, and 8th Districts
Judicial Districts
[edit]- New York County (Manhattan)
- Kings County (Brooklyn)
- Albany, Columbia, Greene, Rensselaer, Schoharie, Sullivan, and Ulster Counties.
- Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga, Schenectady, Warren, Washington
- Herkimer, Jefferson, Lewis, Oneida, Onondaga, and Oswego Counties
- Broome, Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga, and Tompkins Counties
- Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne, and Yates Counties.
- Alleghany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming Counties
- Dutchess, Orange, Putnam, Rockland, and Westchester Counties.
- Nassau and Suffolk Counties
- Queens County
- Bronx County
- Richmond County (Staten Island)
New York City Courts
[edit]Civil & Criminal Terms
[edit]- The Supreme Court is the trial court of unlimited original jurisdiction, but it generally only hears cases that are outside the jurisdiction of other trial courts of more limited jurisdiction. In New York City, the Court exercises civil jurisdiction and jurisdiction over felony charges.
New York City Criminal Court
[edit]- New York City Criminal Court is a court of city-wide criminal jurisdiction with jurisdiction over crimes and other violations of law, other than those prosecuted by indictment, provided, however, that the legislature may grant to said court jurisdiction over misdemeanors prosecuted by indictment; and over such other actions and proceedings, not within the exclusive jurisdiction of the Supreme Court, as may be provided by law. Judges are city residents appointed for terms of ten years by the Mayor of the City of New York.
New York City Family Court
[edit]- Within the City of New York, Family Court consists of such number of judges as may be provided by law. The judges of the Family Court within the City of New York are residents of the city and are appointed by the Mayor of the City of New York for terms of ten years. The judges of the Family Court outside the City of New York, are chosen by the electors of the counties wherein they reside for terms of ten years.
- The Family Court has jurisdiction over the following classes of actions and proceedings which shall be originated in such Family Court in the manner provided by law:
- (1) the protection, treatment, correction and commitment of those minors who are in need of the exercise of the authority of the court because of circumstances of neglect, delinquency or dependency, as the legislature may determine;
- (2) the custody of minors except for custody incidental to actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage;
- (3) the adoption of persons;
- (4) the support of dependents except for support incidental to actions and proceedings in this state for marital separation, divorce, annulment of marriage or dissolution of marriage;
- (5) the establishment of paternity;
- (6) proceedings for conciliation of spouses; and
- (7) as may be provided by law: the guardianship of the person of minors and, in conformity with the provisions of section seven of this article, crimes and offenses by or against minors or between spouses or between parent and child or between members of the same family or household.
- The Family Court also has jurisdiction to determine, with the same powers possessed by the Supreme Court, the following matters when referred to the Family Court from the Supreme Court: habeas corpus proceedings for the determination of the custody of minors; and in actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage, applications to fix temporary or permanent support and custody, or applications to enforce judgments and orders of support and of custody, or applications to modify judgments and orders of support and of custody which may be granted only upon the showing to the Family Court that there has been a subsequent change of circumstances and that modification is required.
New York City Civil Court
[edit]- New York City Civil Court is a court of city-wide civil jurisdiction with jurisdiction over the following classes of actions and proceedings which originate in the court in the manner provided by law: actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property where the amount sought to be recovered or the value of the property does not exceed twenty-five thousand dollars exclusive of interests and costs, or such smaller amount as may be fixed by law; over summary proceedings, not within the exclusive jurisdiction of the Supreme Court, as may be provided by law. It may exercise such equity jurisdiction as may be provided by law and its jurisdiction to enter judgment upon a counterclaim for the recovery of money only shall be unlimited. Judges are city residents elected for terms of ten years.
New York City County Courts
[edit]New York County (Manhattan)
[edit]- Civil Court: Except Small Claims: 60 Centre Street, New York, NY
- Civil Court: Small Claims: 111 Centre Street, New York, NY
- Criminal Term Branch: 100 Centre Street, New York, NY
- Family Court: 60 Lafayette Street, New York, NY
- Landlord and Tenant Court: 111 Centre Street, New York, NY
- Matrimonial: 60 Centre Street, New York, NY
- Surrogate's Court: 31 Chambers Street, New York, NY
Bronx County
[edit]- Civil Court: 851 Grand Concourse, Bronx, NY
- Criminal Term Branch: 851 Grand Concourse, Bronx, NY
- Family Court: . 900 Sheridan Avenue, Bronx, NY 10451
- Landlord and Tenant Court: 1118 Grand Concourse, Bronx, NY
- Matrimonial: 851 Grand Concourse, Bronx, NY
- Surrogate's Court: 851 Grand Concourse, Bronx, NY
Kings County (Brooklyn)
[edit]- Civil Court: 141 Livingston Street, Brooklyn, NY
- Criminal Term Branch: 360 Adams Street, Brooklyn, NY
- Family Court: 330 Jay Street, Brooklyn, NY 11201
- Landlord and Tenant Court: 141 Livingston Street, Brooklyn, NY
- Matrimonial: 360 Adams Street, Brooklyn, NY
- Surrogate's Court: 2 Johnson Street, Brooklyn, NY
Queens County
[edit]- Civil Court: 89-17 Sutphin Blvd., Jamaica, NY
- Criminal Term Branch: 125-01 Queens Blvd., Kew Gardens, NY
- Family Court: 89-14 Parsons Blvd., Queens, NY
- Landlord and Tenant Court: 89-17 Sutphin Blvd., Jamaica, NY
- Matrimonial: 88-11 Sutphin Blvd., Queens, NY
- Surrogate's Court: 88-11 Sutphin Blvd., Queens, NY
Richmond County (Staten Island)
[edit]- Civil Court: 927 Castleton Avenue, Staten Island, NY
- Criminal Term Branch: 18 Richmond Terrace, Staten Island, NY
- Family Court: 100 Richmond Terrace, Staten Island, NY
- Landlord and Tenant Court: 927 Castleton Avenue, Staten Island, NY
- Matrimonial: 18 Richmond Terrace, Staten Island, NY
- Surrogate's Court: 18 Richmond Terrace, Staten Island, NY
Judges
[edit]- The Mayor of the City of New York appoints judges to the New York City Criminal and Family Courts, and interim appointments to Civil Court, should a Civil Court judge not finish her/his elected term. The Mayor's Advisory Committee on the Judiciary was established by Executive Order to recruit, evaluate, and nominate highly qualified judicial candidates for appointment to these courts.
- The elections are polled "At Large" within their City Districts, unless they are elected County-Wide..
Judicial Elective Seats By Court
[edit]Manhattan
[edit]- District Wide Elective Seats
- Supreme Court – 38 Justices
- Surrogate's Court – 2
- Civil Court of the City of New York – 44
Brooklyn & Staten island
[edit]- District-wide Elective Seats
- Supreme Court – 48
- County-wide Elective Seats
- Kings County
- Surrogate's Court – 1
- Civil Court if the City of New York – 32
- Richmond County
- Surrogate's Court – 1
- Civil Court of the City of New York – 4
Queens
[edit]- District Wide Elective Seats
- Supreme Court – 37
- Surrogate's Court – 1
- Civil Court of the City of New York - 15
Bronx
[edit]- District Wide Elective Seats
- Supreme Court – 23 Justices
- Surrogate's Court – 1
- Civil Court of the City of New York – 13
SSG Cornelius Seon (Retired) (talk) 22:22, 19 March 2009 (UTC)
References
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