New York City Courts
Encyclopedia
The New York City
court system consists of civil, criminal, and family courts. All have a presence in each borough and have city-wide jurisdiction. Instead, New York City courts have jurisdiction in the five counties that are coterminous with the five boroughs, but in practice most cases are handled in their own county/borough. Unlike the rest of New York State, New York City does not have typical County Courts.
Judges of the Civil Court are elected to 10-year terms in either borough wide or district elections. The Civil Court districts are parts of the boroughs and do not cross borough lines. Party leaders frequently designate candidates for the Civil Court judgeships who then face an open primary against others who qualify for the ballot. The party machine usually manages to elect most of its judicial candidates. Vacancies on the Civil Court are filled by mayoral appointment.
Civil Court Judges can be designated to sit in the city's Criminal Court or as Acting Justices of the New York State Supreme Court. In addition, Civil Court Judges can be assigned to a borough they were not elected in, but they have to live in the borough or district where elected.
Traffic violations in New York City are handled in the Traffic Violations Bureau, which operates under the New York State Department of Motor Vehicles
. The Bureau is an administrative law
agency and not a judicial tribunal.
The New York City Family Court hears matters involving children and families. Its jurisdiction includes custody and visitation, support, concurrent jurisdiction
with Criminal Court for family offenses (domestic violence), persons in need of supervision, delinquency, child protective proceedings (abuse and neglect), foster care approval and review, termination of parental rights, adoption and guardianship. Judges of the Family Court are appointed by the Mayor to 10 year terms.
Family Court does not have jurisdiction over divorces, which must be litigated in the Supreme Court. Further, although Criminal Court domestic violence parts
typically hear all cases involving crimes against intimate partners (whether opposite- or same-sex), New York law defines family offenses to include only those related by blood, actual marriage (common law marriage is not recognized in New York), or a child in common.
Justice Jane Bolin
became the first black female judge in the United States when Mayor Fiorello La Guardia swore her in to the bench of the Family Court, then called the Domestic Relations Court, in 1939. Her 10-year appointment was renewed by the city's mayors three times until she reached the mandatory retirement age of 70.
Like all other counties in the state of New York, every county in New York City has a sitting Supreme Court of the State of New York. In New York State, the Supreme Court is the state's trial court of original and unlimited jurisdiction. Normally, the Supreme Court only hears cases that are outside of another court's subject-matter jurisdiction
.
In New York City, the Supreme Court handles criminal cases on indictment; elsewhere in New York, the County Court hears these cases. As in the rest of the state, the Supreme Court also handles larger civil cases.
, which oversees the probate of wills
and administers estates
.
The Midtown Community Court
in Manhattan opened in 1993 as a project of the Center for Court Innovation
. It hears "quality-of-life" criminal cases, with a view toward rehabilitation instead of punishment. For example, judges may order offenders to perform community service
and refer them to such social services as drug treatment, mental health counseling, and job training.
The Red Hook Community Justice Center in Brooklyn opened in 2000 as the nation's first multi-jurisdictional community court. Built to alleviate the chronic lack of access to justice services in the isolated area of Red Hook, Brooklyn
, the court combines family, civil, housing, and minor criminal court functions and takes a community development approach to justice through such programs as the Youth Court, where teenagers are trained and act as mediators to help their peers resolve disputes.
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
court system consists of civil, criminal, and family courts. All have a presence in each borough and have city-wide jurisdiction. Instead, New York City courts have jurisdiction in the five counties that are coterminous with the five boroughs, but in practice most cases are handled in their own county/borough. Unlike the rest of New York State, New York City does not have typical County Courts.
Civil Court
The New York City Civil Court is the civil branch of the New York City courts system. The court handles all small claims cases (up to $5,000) and all civil cases within the five counties of New York City with a monetary value up to $25,000, as well as residential and commercial landlord-tenant disputes and certain cases transferred from the Supreme Court. Generally speaking the court does not have any equitable jurisdiction but can award money damages or possession of property only. There is a branch of the civil court in each of the five boroughs.Judges of the Civil Court are elected to 10-year terms in either borough wide or district elections. The Civil Court districts are parts of the boroughs and do not cross borough lines. Party leaders frequently designate candidates for the Civil Court judgeships who then face an open primary against others who qualify for the ballot. The party machine usually manages to elect most of its judicial candidates. Vacancies on the Civil Court are filled by mayoral appointment.
Civil Court Judges can be designated to sit in the city's Criminal Court or as Acting Justices of the New York State Supreme Court. In addition, Civil Court Judges can be assigned to a borough they were not elected in, but they have to live in the borough or district where elected.
Criminal Court
The New York City Criminal Court is the beginning level trial court of criminal cases in the City of New York. The court handles arraignments, misdemeanors, and minor felony cases. Criminal motions are also handled in this court, along with some jury trials. Major felony cases are referred to the New York State Supreme Court. Judges of the Criminal Court are appointed by the Mayor of New York to a 10 year term. Several Criminal Court Judges are designated as Acting Justices of the New York State Supreme Court. In addition, Judges of the New York City Civil Court are designated to sit in the Criminal Court.Traffic violations in New York City are handled in the Traffic Violations Bureau, which operates under the New York State Department of Motor Vehicles
New York State Department of Motor Vehicles
The New York State Department of Motor Vehicles is the governmental agency responsible for registering and inspecting automobiles and other motor vehicles as well as NYS Enhanced Driver License/Driver License and Enhanced Non-Driver Photo ID Card/Non-Driver Photo ID Card in the U.S...
. The Bureau is an administrative law
United States administrative law
United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always...
agency and not a judicial tribunal.
Family Court
Concurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
with Criminal Court for family offenses (domestic violence), persons in need of supervision, delinquency, child protective proceedings (abuse and neglect), foster care approval and review, termination of parental rights, adoption and guardianship. Judges of the Family Court are appointed by the Mayor to 10 year terms.
Family Court does not have jurisdiction over divorces, which must be litigated in the Supreme Court. Further, although Criminal Court domestic violence parts
Courtroom
A courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...
typically hear all cases involving crimes against intimate partners (whether opposite- or same-sex), New York law defines family offenses to include only those related by blood, actual marriage (common law marriage is not recognized in New York), or a child in common.
Justice Jane Bolin
Jane Bolin
Jane Matilda Bolin LL.B. was the first African-American woman to graduate from Yale Law School, the first to join the New York City Bar Association, and the first to join the city's law department...
became the first black female judge in the United States when Mayor Fiorello La Guardia swore her in to the bench of the Family Court, then called the Domestic Relations Court, in 1939. Her 10-year appointment was renewed by the city's mayors three times until she reached the mandatory retirement age of 70.
Supreme Court of the State of New York
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
.
In New York City, the Supreme Court handles criminal cases on indictment; elsewhere in New York, the County Court hears these cases. As in the rest of the state, the Supreme Court also handles larger civil cases.
Other courts
Each county in New York City has a Surrogate's CourtNew York Surrogate's Court
The Surrogate's Court handles all probate and estate proceedings in the state of New York. All wills are probated in this court and all estates of people who die without a will are handled in this court...
, which oversees the probate of wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
and administers estates
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
.
The Midtown Community Court
Midtown Community Court
The Midtown Community Court is a municipal court of law established in 1993 in the Times Square neighborhood of New York City. The court focuses on quality-of-life offenses, such as prostitution, shoplifting, farebeating and vandalism...
in Manhattan opened in 1993 as a project of the Center for Court Innovation
Center for Court Innovation
The Center for Court Innovation is a non-profit think tank headquartered in New York that helps courts and criminal justice agencies aid victims, reduce crime and improve public trust in justice....
. It hears "quality-of-life" criminal cases, with a view toward rehabilitation instead of punishment. For example, judges may order offenders to perform community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
and refer them to such social services as drug treatment, mental health counseling, and job training.
The Red Hook Community Justice Center in Brooklyn opened in 2000 as the nation's first multi-jurisdictional community court. Built to alleviate the chronic lack of access to justice services in the isolated area of Red Hook, Brooklyn
Red Hook, Brooklyn
Red Hook is a neighborhood in the New York City borough of Brooklyn, USA. The neighborhood is part of Brooklyn Community Board 6. It is also the location where the transatlantic liner, the , docks in New York City.- History :...
, the court combines family, civil, housing, and minor criminal court functions and takes a community development approach to justice through such programs as the Youth Court, where teenagers are trained and act as mediators to help their peers resolve disputes.
External links
- nycourts.gov Official history of the Civil Court