Relates to judges presiding over designated youth parts

• Democratic1

◆ The sponsor's argument

Why the sponsor says this is needed

This proposal would amend the Criminal Procedure Law (CPL) to permit Court of Claims Judges and Supreme Court Justices outside of New York City, who are Acting Supreme Court Justices assigned to the Criminal Term, to preside over designated Youth Parts. This would immediately expand the number of qualified judges who can serve in the Youth Parts under the Raise the Age Law (-RTA Law") by relaxing the current statuto- ry requirement that all such Youth Part Judges be Family Court Judges. Judges presiding over youth parts require special sensitivities and skills as well as relatability to the youth appearing before them. Broadening the base of judges from whom the UCS can select to staff these parts will provide better flexibility and results. The RTA law requires that a Family Court Judge or an individual tempo- rarily assigned as an Acting Family Court Judge preside over the Youth Part of Supreme Court for Adolescent and Juvenile Offenders. See CPL 722.10(1). It is constitutionally permissible for a Supreme Court Justice within New York City, a NYC Criminal or Civil Court Judge, a County Court Judge, and/or a City Court Judge to be temporarily assigned to the Family Court. See N.Y. Const. art. VI, § 26(a), (c), (g), (j)(2). A Supreme Court Justice outside of New York City and all Court of Claims Judges, by contrast, may not be designated, Acting Family Court Judges under Section 26 of Article VI. See N.Y. Const. art. VI, § 26(a), (b),, Allowing Court of Claims Judges and Supreme Court Justices outside of New York City to serve as Youth Part Judges, therefore, would require either an amendment to Article VI of the New York Constitution or revision of CPL 722.10(1). This proposal pursues the latter approach and would amend the RTA Law to allow all judges of the superior criminal courts whom the Chief Adminis- trative Judge has deemed qualified-based upon training and experience-to be Youth Part Judges, regardless of whether they could constitutionally be designated temporarily to sit in the Family Court. 6.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.