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Criminal Justice

Criminal Justice

The Courts of New York Explained


 



Also in the series:

The Judges Game
Gotham Gazette's newest interactive game lets you see if you've got what it takes for the Brooklyn bench.

A System in Need of Reform
Patronage, payoffs, complexity, and appointments vs. elections in the New York judiciary.

It's been called a mosaic, a jigsaw puzzle, a bureaucracy and a mess. There are many plans afoot to reorganize the courts of New York, all facing political battles that may be all but insurmountable. Meantime, exactly what the court structure is eludes most New Yorkers and even many reporters who cover the courts.

All New York courts are part of the New York State Unified Court System, but because of its large population and volume of cases, New York City also has local courts. Each of the five boroughs, in other words, has both city and state courts. The city courts are Civil Court and Criminal Court. The state courts are Supreme Court, Family Court and Surrogate's Court. All five boroughs (which are also counties) have all of these courts.

But this is too simple, because there is also something called the New York State Court of Claims, and of course the entire Federal judiciary, which is separate.

CIVIL COURT

The Civil Court hears private, non-criminal lawsuits which have a monetary value of no more than $25,000. Under the Civil Court umbrella are also Housing Court and Small Claims Court. Housing Court was created three decades ago to hear nothing but landlord-tenant proceedings involving non-payment of rent, breach of tenancy, housing conditions. Small Claims court hears monetary disputes involving up to $3,000.

CRIMINAL COURT

The Criminal Court is the first judicial stop for all arrested persons. This is where the charges are read to the accused (though this is theoretical, because they are almost never actually read), and bail is set or the defendant is Released on (his or her) Own Recognizance, or, in court parlance, ROR'd. What happens then depends on whether the charge is a violation, a misdemeanor or a felony.

A violation, the least severe charge, can be something like disorderly conduct. A misdemeanor might be shoplifting, possession of stolen property (nothing too valuable), very small amounts of drugs, or simple assault. If the charge is a violation or a misdemeanor, a plea is entered: Guilty or not Guilty. If the defendant pleads guilty, the judge can impose the sentence right then and there. If the defendant pleads not guilty, Criminal Court hearings and a trial will be scheduled.

If, however, the charge is a felony, such as murder, arson, robbery, burglary, most weapons possession charges, and most drug charges, no plea is entered. If it's a narcotics case it might be steered to a hybrid narcotics "part" (jargon for courtroom) for disposition without presentation to a grand jury. Almost all other felonies, however, will be presented to a grand jury, a jury empanelled specifically to hear a brief presentation of evidence and vote on whether or not to indict. (A grand jury differs from a regular jury, because a grand jury must weigh whether there is sufficient evidence to determine that a crime has been committed at all, and sufficient evidence to charge this particular person, while a trial jury must determine whether evidence has been established beyond a reasonable doubt to convict this person of this crime.) In most cases there is an indictment, and People versus John Doe becomes a Supreme Court case.

SUPREME COURT

In Supreme Court the accused will be re-arraigned, new bail will be set and a plea entered. There are then further proceedings, including hearings, "plea bargaining" (a reduced charge in exchange for a guilty plea) or a trial. If there's a conviction or guilty plea, the judge will impose a sentence.

All of this is done in the Criminal Division of Supreme Court. Supreme Court also has a Civil Division. The civil actions and proceedings cover any monetary dispute over $25,000, be it commercial, personal injury, libel, employment, civil rights, or a real estate matter, and often involves a great deal of money. It's also the place to go if you're looking for an injunction, restraining order, documents under the Freedom of Information Law. Supreme Court is the only court that can grant divorces.

The Supreme Court of New York is not what it is in most other states or in the federal judiciary, i.e., the highest court. It's simply the statewide trial court of general jurisdiction.

FAMILY COURT

Though Family Court cannot hear divorce cases, its jurisdiction sometimes overlaps with other courts, both criminal and civil. Family Court judges can hear matters involving child support, foster care, delinquency, family violence, adoption.

SURROGATE'S COURT

Surrogate's Court has exclusive jurisdiction over wills and estates. Like Family Court, it also considers adoptions.

COURT OF CLAIMS

The Court of Claims has traditionally heard monetary claims against the State of New York. In recent years, however, a large number of additional Court of Claims judgeships have been created to handle the huge increase in drug-related felonies. Appointed by the governor for a term of nine years, these judges are assigned to Supreme Court, usually designated Acting Supreme Court justices, and then have nothing to do with the Court of Claims itself.

APPELLATE COURTS

Verdicts, decisions, judgments and orders of all of these trial courts can be appealed to higher courts. Appellate Term judges hear appeals from the lower, city courts -- Civil (including Housing and Small Claims) and Criminal Court. Appellate Division judges hear appeals from Supreme Court (Civil or Criminal), Surrogate's Court, and Family Court.

There are two Appellate Divisions of the Supreme Court in New York City. One is on Madison Avenue in Manhattan and covers New York County and the Bronx. The other is in Brooklyn Heights and covers the three other boroughs (and Westchester and Rockland counties) Both are architectural gems.

Beyond that there's the New York Court of Appeals in Albany, which is the real supreme court of New York, hearing appeals from decisions of the Appellate Division.

THE JUDGES

New York City judges can be elected or appointed, depending on the court. Civil Court judges, who must live in New York City, are elected either countywide or from a particular judicial district within a county, a throwback to a now non-existent municipal court system. (Now, regardless of which district elected them, all Civil Court judges hear cases from within the entire county in which they are sitting). They are elected for a ten year term. . But Civil Court judges do not necessarily preside over Civil Court alone. They can also be assigned to Criminal Court, occasionally Family Court, or as acting Justices of the Supreme Court, (Criminal or Civil). Though Housing Court is part of Civil Court, Housing Court judges, unlike Civil Court judges, are not elected. The state's Chief Administrative Judge, Jonathan Lippman, appoints them for five-year terms.

Criminal Court judges, as city judges, must also live in the city; the Mayor appoints them for ten-year terms. They can also be designated as Acting Supreme Court Justices (usually in the Criminal Division).

A Supreme Court justice -- the only judge who is actually called Justice -- is elected by the voters in the county but must first be nominated by a political party. The procedures and politics for getting to that point differ from county to county. A Supreme Court Justice must live in New York State, and is elected for a term of 14 years.

Every judge wants to be one of the Supremes, sit on the bench of the Supreme Court of the State of New York.

The Supreme Court justices are the pool from which appointments to the higher Appellate Term and the Appellate Division are made. But the members of the New York State Court Of Appeals, the highest court, do not have to have served as judges in any court. When former Governor Mario Cuomo appointed the current Chief Judge of the Court of Appeals, Judith S. Kaye, she had been an attorney in private practice.

There can be no simple guide to New York's courts. As complicated as this basic structure seems, there are so many exceptions to the rules and procedures that it is actually even more complicated.

Emily Jane Goodman is a New York State Supreme Court Justice

 

Kerik's Recipe for Success


During Howard Safir's tenure as police commissioner, the city enjoyed some of the lowest crime rates in recent history. That decrease in crime, ironically, might create some greater challenges for Safir's successor, Bernard B. Kerik, who took over the New York Police Department in August after two and a half years as New York City's correction commissioner.

Kerik has sixteen months, under Giuliani's watch, to earn himself some credibility - a difficult task in the face of the criticism and bad feeling that Safir inspired. In addition to crime fighting skills, Kerik will need extraordinary diplomatic skills. These will help him accomplish three critical tasks:

Overcome departmental opposition

First and foremost, Kerik must put to rest notions that he is unqualified, and any resentment this may cause. Critics are quick to point out that Kerik does not have a college degree. To qualify to enter the department, officers must have earned 60 college credits; all positions above lieutenant require a college degree. That Kerik does not have a degree, critics maintain, sends the wrong message - especially at a time when the department is struggling to find qualified candidates.

Some also object that Kerik spent only eight years on the force, never ascending above the rank of officer; other qualified candidates for commissioner, such as Joseph Dunne, have spent their entire career on the force, climbing the ranks.

Keep cops on the force and recruit new ones

Twenty years on the force earns a cop the right to a $40,000-a-year pension, and in the next four years, one in four cops, or about 10,000 officers, will be eligible for retirement. In the last two months, First Deputy Police Commissioner Patrick Kelleher and Chief of Personnel Michael Markman have retired, as did Sgt. Richard Romano, a twenty year veteran featured in the NYPD's latest ad campaign to recruit new officers. "Monetarily it doesn't really pay now," the sergeant explained, "with the incentive you get to retire."

As officers retire and others are promoted, the demand for new officers continues. The NYPD has had trouble recruiting new cops for the past four years, and the numbers aren't getting any better. The most recent recruitment effort, which included letters to all eligible candidates from the last four exams and 27,000 follow-up phone calls, yielded a mere 1,600 new recruits. Last year's recruitment efforts, which cost $10 million, produced 10,301 test-takers, or roughly $1,000 per applicant. The police union, the Patrolmen's Benevolent Association (PBA), cites low wages as one of the main obstacles to recruiting more officers. Starting salary is $31,300, growing to $49,023 after five years. The PBA continues to lobby aggressively for higher wages, including a high profile media campaign. Kerik must address these issues of compensation, to keep the grumbling PBA happy, and to ensure a steady influx of new recruits.

Improve police/community relations, especially with minority communities

Improving race relations is not the sole responsibility of the police commissioner. Still, to survive politically, Kerik will have to reach out to minority communities to diminish feelings of mistrust and anger that have mounted during Safir's tenure, thanks to activities such as racial profiling, which the US Commission on Civil Rights found was a factor in NYPD stop and frisks. Some community leaders are disappointed that former Brooklyn precinct commander Joseph Dunne was not chosen to be commissioner. Dunne, who was instead appointed first deputy commissioner, has a long track record of working with black leaders. Councilwoman Annette Robinson, who is black, said that passing over Dunne represents a lost opportunity to work with minority communities: "I don't know that the mayor felt there was a need to build bridges. Joe Dunne could have done that. I am saddened that he was not give that chance." Kerik, quick to defend himself, says he has not been given a fair chance, and will make efforts to visit various communities. Indeed, the day after his appointment, he and Mayor Giuliani attended Sunday mass at Bright Light Baptist Church in East New York, Brooklyn.

And of course, in addition to all this, Kerik is expected to keep crime down and arrests up.

Jessica Green is a student of public policy at Columbia University's Graduate School of International and Public Affairs.

National Night Out and Community Policing


The last year has been a difficult one for the New York Police Department: the police shootings of Amadou Diallo and Patrick Dorismond; the subsequent acquittal of the officers involved in the Diallo case; the lack of diplomacy by Commissioner Safir and Mayor Giuliani. All have increased the mistrust that many have felt toward the police for a long time.

But for the past 16 years, something out of the ordinary occurs on the first Tuesday night of August, and this year is no different. It is called National Night Out -- an evening of cooperation, communication, celebration, a series of activities throughout the country and throughout the city including basketball games between precinct teams and community groups, live music, staffed information booths, and magic shows. National Night Out is sponsored by the National Association of Town Watch, the same group that sponsors Neighborhood Watch groups.

The success of National Night Out is irrefutable: Since its founding in 1984, it has grown to involve over 30 million people in more than 9,000 communities. It is part of a growing trend toward community policing - a crime-fighting strategy based on the idea that a strong relationship between the police and the community is the key to lower crime rates. Most frequently, such a relationship is forged by having beat cops patrol the same areas, often on foot, so that area residents come to know their police officers. Other basic strategies of community policing involve outreach programs and community collaboration. Both the National Center for Community Policing and Policing.com offer what amounts to a primer on community policing - - its history, implementation and results.

The NYPD runs a host of programs to involve community residents and respond to their needs. Just last month, a Staten Island prosecutor announced the opening of a community office in Tottenville. The purpose of the field office, District Attorney William Murphy said, is to work more closely with the residents to identify community needs and issues, and "to solve problems before they begin."

Staten Island is not alone. Every precinct in the City has its own programs and community policing unit. Here are just a few examples:

  • Auxiliary Police Program. The 111th precinct in Bayside is one of several precincts throughout the city where civilians are trained to be volunteers of the department. Wearing uniforms and patrolling in groups, they act as the eyes and ears of police, often at large community events where security is necessary.
  • Model Block Program. Tenants organize block associations to monitor and maintain the quality of their block.
  • Precinct Open Houses. This is meant to encourage informal interactions between police and the community.
  • Youth Programs. A variety of youth programs are in place across the City, including the "Explorers Program." Open to high schoolers, these Explorers meet once a week at the precinct. Activities range from participating in community functions, such as parades and fairs, to field trips to law enforcement agencies, to rollerblading and athletic activities. During the school year 1998-99, the Explorers program and other youth programs reached over 117,000 youths.
  • Domestic Violence Program. The 83rd precinct in Bushwick tracks all domestic violence cases reported. It collaborates with the Victims Service Agency to provide counseling and social services to battered women.

Critics say these programs are little more than a gesture, and that racism and abuse of power persist within the department. The US Commission on Civil Rights released a widely-publicized report in June which found that the NYPD was guilty of racial profiling in its stop-and-frisk practices. Among its recommendations: adopt community policing strategies -- specifically, encourage more officers to live in the areas they police.

The Department of Housing and Urban Development's "Officer Next Door" program is trying to do just that, by offering police officers 50 percent savings on a home that they purchase in designated "revitalization areas" in inner city neighborhoods across the country. There are 53 such areas in New York City. It is unclear as of yet how many officers have taken advantage of the offer.

A recently released report on the New York Police Department's disciplinary actions against officers found that, despite the greater attention brought by the high-profile cases, there was actually a 25 percent drop in the allegations of police brutality last year. Public Advocate Mark Green also produced a report, though with far more damning statistics, entitled Disciplining Police: Solving the Problem of Police Misconduct. Whether the situation of police brutality is getting worse or getting better, many suggest that one way to curtail it is through community policing.

Jessica Green is a student of public policy at Columbia University's Graduate School of International and Public Affairs.



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