New York’s court system, with its 11 separate constitutionally enshrined trial-level courts, is unquestionably the most fragmented and complicated court system in our nation and, perhaps, even in the world. No one sitting down today to devise a judicial branch of government could have come up with it. It is the product of centuries of historical accident and was last addressed in 1962, when, in a major achievement, the number of trial courts was reduced to the present 11 through the elimination of many trial courts at the time, coupled with the establishment of the Family Court and the New York City Civil and Criminal Courts. Most judges and lawyers, the business community at large, and those whose lives and well-being have been at stake while attempting to navigate the way through our complex courts, have long recognized that there surely must be a better way to effectively and efficiently provide justice to all New Yorkers. Chief Judge Janet DiFiore has proposed a comprehensive plan for consolidating the state’s courts into a three-tier trial court structure, a plan that would also lead to significant reform of the Appellate Division.

Under the Chief Judge’s proposed constitutional amendment, the courts of original jurisdiction would consist of the Supreme Court, a statewide Municipal Court, and the existing Town and Village Courts. The Court of Claims, the County Courts, the Family Courts, and the Surrogate’s Courts would be abolished, their jurisdiction would be acquired by the Supreme Court, and the judges of those courts would become Supreme Court Justices. The Supreme Court would consist of six divisions: Family, Probate, Criminal, State Claims, Commercial, and General. The New York City Civil and Criminal Courts, the District Courts on Long Island, and the 61 City Courts outside New York City would be abolished, and the judges of those courts would become judges of the Municipal Court. The plan includes a merger-in-place provision, under which judges who are transferred to the Supreme Court and the Municipal Court, as well as their successors in office, would be elected or appointed in the same manner as they had been in their now-abolished positions. In addition, the Legislature would be authorized to change the number of Appellate Division Judicial Departments once every 10 years.