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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