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.
Impact
This bill is expected to have a significant impact on the procedural landscape of justice courts in New York. By ensuring that only practicing attorneys serve as judges in criminal matters, the bill seeks to promote a higher standard of legal proceedings, potentially improving outcomes for defendants. It emphasizes the importance of legal expertise in judiciary processes, thus enhancing the integrity and trust in the justice system, particularly for individuals facing serious criminal charges.
Summary
Bill S07450 aims to amend the uniform justice court act by establishing a new provision that allows defendants in misdemeanor or felony cases to demand that their matter be heard only by a judge or justice who is admitted to practice law in New York. This new right introduces an election process wherein the defendant can submit a written request at their first court appearance, ensuring their case is handled by qualified individuals, thereby reinforcing the legal rights of defendants within the judicial system.
Contention
While the bill proposes enhancements to defendants' rights, it may lead to debates regarding the implementation and operationalization of such an election process. Opponents could argue that the bill could create delays in judicial proceedings, as court schedules would need to adjust for the requests of defendants. Additionally, there may be concerns regarding the availability of qualified judges, especially in jurisdictions where there are less legal professionals available, impacting the timely administration of justice.
Same As
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.
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.
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.
Requires town and village justices be admitted to practice law in New York state for at least five years as of the date they commence the duties of office.
Relates to appellate processes for misdemeanor cases where a term of imprisonment is imposed; provides that if appeal is taken from a sentence of imprisonment, the appeal must be taken to the appellate division of the department in which such judgment, sentence or order was entered.
Authorizes any justice or judge in the state to obtain a license to have and carry concealed a pistol or revolver; such amendments allow such justices and judges to carry concealed in the courthouse, when read in conjunction with existing language in paragraph (g) of subdivision 3 of section 265.01-e of the penal law.
Allows tenants to appeal judgments or orders issued against them without first being required to pay any portion of such judgment or order; postpones such payment until the end of the stay triggered by service upon the landlord of the notice of appeal or affidavit of intention to move for permission to appeal such judgment or order or pay an undertaking.
Allows tenants to appeal judgments or orders issued against them without first being required to pay any portion of such judgment or order; postpones such payment until the end of the stay triggered by service upon the landlord of the notice of appeal or affidavit of intention to move for permission to appeal such judgment or order or pay an undertaking.
Relates to adding St. Lawrence county sheriff as an additional firearms licensing officer as well as judges or justices of a court of record having an office in the county of St. Lawrence.