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Courtroom, stock photo. REUTERS Andrew Winning

New York court administrators back restoring court hours

1/30/2012 COMMENTS (0)

ALBANY, N.Y., Jan 30 (Reuters) - State court administrators are making the restoration of court hours a top priority this year, as shorter hours have delayed cases, curtailed access, and eroded the public's confidence in the court system, Chief Administrative Judge A. Gail Prudenti told a panel of lawmakers Monday.

Last year, court officials ordered most courts around the state to close their doors at 4:30 p.m. in order to cut down on overtime and security costs. Court employees also were required to take one-hour lunch breaks. The cuts were implemented to offset a $170 million decrease in state funding passed by the legislature last year.

"Keeping the courts open until 5 is one of our top priorities," Prudenti told lawmakers on Monday.

The newly-minted chief administrative judge was in Albany to lobby for the passage of the Office of Court Administration's $2.5 billion budget proposal, which cuts overall spending slightly despite $28 million in raises for the state's 1,300 trial court judges and a $12.5 million increase in funding for indigent legal services.

Prudenti said she was particularly concerned with the impact shorter hours are having on family and matrimonial courts, because of the sensitive nature of those proceedings. Steps have been taken to ensure early closing times do not impede on the ability to obtain emergency orders of protection, she said, but "we must be vigilant to ensure that our cost-cutting measures do not further burden the parties to these cases."

The judge was the first of a handful of speakers to voice concerns about the effects of shorter hours on the court system.

"Limited courthouse hours delay the resolution of cases, increase backlogs and increase costs to litigants," said Vincent Doyle, the president of the state Bar Association and a partner at Connors & Vilardo in Buffalo. "Many emergency matters, including domestic violence and family court cases, cannot be heard on the same day that the underlying petition is filed." He said that in criminal cases, delays are resulting in longer periods of pre-trial incarcerations.

'SUPPORT' FOR JUDICIARY BUDGET

Senate Judiciary Committee Chair John Bonacic, a Republican from Orange County, said "there is a lot of support" for OCA's budget in the legislature, and plenty of concern among lawmakers that last year's cuts are adversely impacting courthouses in their districts. Gov. Andrew Cuomo, a Democrat, praised the court system's spending plan earlier this month.

"We are not going to be able to take care of all the ills the court system has experienced," Prudenti told Bonacic.

In addition to shorter hours, the budget cuts have necessitated hundreds of layoffs, smaller jury pools and the elimination of some programs, including child care centers and judicial hearing officers -- retired judges who are asked to preside over specialized cases. Small claims cases in New York City are currently only being heard one night each week, instead of the previous four nights, which Prudenti said court officials also hope to change in the coming months.

Sen. John DeFrancisco, a Republican from Syracuse who is of counsel to the personal injury firm DeFrancisco & Falgiatano, said he routinely sees court employees sitting idle -- through no fault of their own -- during down time between trials.

"Is there a way to give comp time to staff so they can stay that extra 45 minutes (until 5 p.m.), but take the morning off?", he asked Prudenti.

She said she supported the idea, but implementing it would require concessions from public employee unions, and she urged DeFranciscio and his colleagues to aid court officials in those negotiations.

REPORTS HIGHLIGHT IMPACTS

Recent reports from the state Bar Association and the New York County Lawyers' Association highlighted the widespread impact of last year's budget cuts on the court system.

"Accused people are spending more time in custody," the NYCLA report reads, and "defense attorneys have less time to gather information from family members and to meet with clients."

The Bar Association report further found the cuts have eroded respect for the judiciary.

"Business people, in particular, believe that judges are insensitive to the prompt timing and efficiency which is part of the daily business world," the report said.

State law requires the budget to be passed by April 1, but legislative leaders last week said they plan to have it completed by March 22.

(Reporting by Dan Wiessner)

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