New York City Law Department
Encyclopedia
The New York City Law Department is the branch of the municipal government of New York City
responsible for most of the city's legal affairs. The Department is headed by the Corporation Counsel
of New York City
.
and city officials in all civil litigation, in juvenile delinquency
proceedings in Family Court, and in prosecutions in the New York City Criminal Court
under the New York City Administrative Code. Among the Department's other duties are drafting contract
s, leases, municipal bond
issues, and other legal documents for the city; reviewing local and state legislation
, and providing legal advice
to city officials on a wide variety of issues.
office of the Recorder. After the City fell under British control following the Third Anglo-Dutch War
, New York's Royal Governor created the Office of the Recorder in 1683 to serve as legal and political counsel to the City Government.
After the American Revolution
, New York City continued to grow, and during the 19th century, the City Council
began hiring private attorneys to do the internal legal work of the City. When this arrangement proved unsatisfactory, the City Charter
was amended in 1849 to create the Office of the Corporation Counsel (so named because New York City is a municipal corporation
).
Among the better-known cases that the Department has litigated before the U.S. Supreme Court
are Goldberg v. Kelly
, Penn Central Transportation Co. v. New York City
, Ward v. Rock Against Racism
, Massachusetts v. Environmental Protection Agency
, and Permanent Mission of India v. City of New York
. The Department also prepares amicus curiae
briefs in many major court cases.
, and an auxiliary office in Kingston, New York
.
The legal divisions are:
The support divisions are:
Government of New York City
The government of New York City is organized under the City Charter and provides for a "strong" mayor-council system. The government of New York is more centralized than that of most other U.S...
responsible for most of the city's legal affairs. The Department is headed by the Corporation Counsel
Corporation Counsel
The Corporation Counsel is the title given to the chief legal officer in some municipal and county jurisdictions, who handles civil claims against the city, including negotiating settlements and defending the city when it is sued. Most corporation counsels do not prosecute criminal cases, though...
of New York City
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...
.
Duties of the Department
The Law Department represents the mayorMayor of New York City
The Mayor of the City of New York is head of the executive branch of New York City's government. The mayor's office administers all city services, public property, police and fire protection, most public agencies, and enforces all city and state laws within New York City.The budget overseen by the...
and city officials in all civil litigation, in juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
proceedings in Family Court, and in prosecutions in the New York City Criminal Court
New 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....
under the New York City Administrative Code. Among the Department's other duties are drafting contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, leases, municipal bond
Municipal bond
A municipal bond is a bond issued by a city or other local government, or their agencies. Potential issuers of municipal bonds includes cities, counties, redevelopment agencies, special-purpose districts, school districts, public utility districts, publicly owned airports and seaports, and any...
issues, and other legal documents for the city; reviewing local and state legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
, and providing legal advice
Legal advice
In the common law, legal advice is the giving of a formal opinion regarding the substance or procedure of the law by an officer of the court , ordinarily in exchange for financial or other tangible compensation...
to city officials on a wide variety of issues.
History of the Department
The origins of the Law Department lie in the EnglishEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
office of the Recorder. After the City fell under British control following the Third Anglo-Dutch War
Third Anglo-Dutch War
The Third Anglo–Dutch War or Third Dutch War was a military conflict between England and the Dutch Republic lasting from 1672 to 1674. It was part of the larger Franco-Dutch War...
, New York's Royal Governor created the Office of the Recorder in 1683 to serve as legal and political counsel to the City Government.
After the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
, New York City continued to grow, and during the 19th century, the City Council
New York City Council
The New York City Council is the lawmaking body of the City of New York. It has 51 members from 51 council districts throughout the five boroughs. The Council serves as a check against the mayor in a "strong" mayor-council government model. The council monitors performance of city agencies and...
began hiring private attorneys to do the internal legal work of the City. When this arrangement proved unsatisfactory, the City Charter
Municipal charter
A city charter or town charter is a legal document establishing a municipality such as a city or town. The concept developed in Europe during the middle ages....
was amended in 1849 to create the Office of the Corporation Counsel (so named because New York City is a municipal corporation
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
).
Among the better-known cases that the Department has litigated before the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
are Goldberg v. Kelly
Goldberg v. Kelly
Goldberg v. Kelly, 397 U.S. 254 , is a case in which the United States Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government benefits can be deprived of such benefits...
, Penn Central Transportation Co. v. New York City
Penn Central Transportation Co. v. New York City
Penn Central Transportation Co. v. New York City, was a landmark United States Supreme Court decision on compensation for regulatory takings.-The New York City Landmarks Law:...
, Ward v. Rock Against Racism
Ward v. Rock Against Racism
Ward v. Rock Against Racism, , was a case decided by the United States Supreme Court.In an opinion by Justice Kennedy, the Court rejected a First Amendment challenge to a New York City regulation mandating the use of city provided sound systems and technicians to control the volume of concerts in...
, Massachusetts v. Environmental Protection Agency
Massachusetts v. Environmental Protection Agency
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 , is a U.S. Supreme Court case decided 5-4 in which twelve states and several cities of the United States brought suit against the United States Environmental Protection Agency to force that federal agency to regulate carbon dioxide...
, and Permanent Mission of India v. City of New York
Permanent Mission of India v. City of New York
In Permanent Mission of India v. City of New York, 551 U.S. 193 , the Supreme Court construed the Foreign Sovereign Immunities Act to allow a federal court to hear a lawsuit brought by the City of New York to recover unpaid property taxes levied against India and Mongolia, both of which own real...
. The Department also prepares amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
briefs in many major court cases.
Organizational structure
The Law Department has 17 legal divisions and 3 support divisions. As of 2008, the Department employs 690 lawyers and 850 support professionals in ten offices located in all five boroughsBorough (New York City)
New York City, one of the largest cities in the world, is composed of five boroughs. Each borough now has the same boundaries as the county it is in. County governments were dissolved when the city consolidated in 1898, along with all city, town, and village governments within each county...
, and an auxiliary office in Kingston, New York
Kingston, New York
Kingston is a city in and the county seat of Ulster County, New York, USA. It is north of New York City and south of Albany. It became New York's first capital in 1777, and was burned by the British Oct. 16, 1777, after the Battles of Saratoga...
.
The legal divisions are:
- Administrative LawUnited States administrative lawUnited 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...
- Affirmative Litigation
- AppealAppealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s - CommercialCommercial lawCommercial law is the body of law that governs business and commercial transactions...
and Real EstateReal estateIn general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
Litigation - Contracts and Real Estate
- Economic DevelopmentEconomic developmentEconomic development generally refers to the sustained, concerted actions of policymakers and communities that promote the standard of living and economic health of a specific area...
- Environmental LawEnvironmental lawEnvironmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
- Family CourtFamily lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
- General Litigation
- Labor and Employment LawUnited States labor lawUnited States labor law is a heterogeneous collection of state and federal laws. Federal law not only sets the standards that govern workers' rights to organize in the private sector, but also overrides most state and local laws that attempt to regulate this area. Federal law also provides more...
- Legal Counsel
- Municipal Finance
- PensionPensionIn general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
s - Special Federal Litigation (handles civil rightsCivil rightsCivil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
lawsuits under 42 U.S.C. 1983 brought against police, District Attorneys, or correction officers) - TaxTax lawTax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes.-Major issues:Primary taxation issues facing the governments world over include;* taxes on income and wealth...
and BankruptcyBankruptcy in the United StatesBankruptcy in the United States is governed under the United States Constitution which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has exercised this authority several times since 1801, most recently by adopting the Bankruptcy... - TortTortA tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
- Workers' CompensationWorkers' compensationWorkers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
The support divisions are:
- Administration
- Information TechnologyInformation technologyInformation technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
- Operations