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Bill > S07450


NY S07450

NY S07450
Relates to the right of defendants in misdemeanor or felony cases to have such matter appear before a judge or justice admitted to practice law in New York; creates an automatic right to have a case reassigned to an attorney judge.


summary

Introduced
04/16/2025
In Committee
04/16/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the uniform justice court act, in relation to the right of defendants in misdemeanor or felony cases to have such matter appear before a judge or justice admitted to practice law in New York

AI Summary

This bill amends the Uniform Justice Court Act to create a new provision that allows defendants in misdemeanor or felony cases to elect to have their case heard by a judge who is admitted to practice law in New York State. Under this new law, defendants can file a written election with the court, no later than the completion of their first appearance, requesting to have their case reassigned to a legally trained judge. While this election is available, certain preliminary legal matters such as arraignment, plea entry, bail setting, counsel assignment, and issuing protective orders can still be handled by justices who are not lawyers. The chief administrator of the courts is required to create rules to implement this provision, ensuring that defendants are properly informed of their right to make this election and that case reassignments occur with minimal delay and burden. The bill will take effect 120 days after becoming law, and provides for immediate preparation of necessary rules and regulations to support its implementation. This legislation aims to provide defendants with an opportunity to have their case heard by a legally trained judge, potentially enhancing the quality of judicial proceedings in lower courts.

Committee Categories

Justice

Sponsors (1)

Last Action

REFERRED TO JUDICIARY (on 04/16/2025)

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