Res. No. 51
Title
Resolution calling on the New York State Office of Court Administration to perform a needs assessment of judges and court personnel in New York City Criminal Courts and according to those findings, increase staff within the next two years.
Body
By Council Members Gibson, Brannan and Salamanca
Whereas, Case delays and court congestion have plagued New York City Criminal Courts and have caused extensive economic, physical, and mental impacts on defendants, victims, and their families; and
Whereas, According to the Criminal Court of the City of New York's Annual Report, although most criminal cases do not go to trial, for those that do, the prolonged time for cases to be disposed of is longer in some boroughs than in others; and
Whereas, In 2016, defendants charged with a misdemeanor awaiting the completion of a bench-trail waited longer in the Bronx than in all other boroughs, on average 634 days; and
Whereas, Trial courts in the Bronx, which for many years has received on-going criticism for its delayed cases and large backlog, had the highest average length of time for the completion of jury-trials in 2016, defendants waiting on average 885 days for their cases to be completed; and
Whereas, In May of 2016, the Bronx Defenders, a legal service provider, filed a lawsuit in Federal Court alleging that the crippling delays in the Bronx Criminal Courts violate defendants' Constitutional right to due process and a speedy trial; and
Whereas, Defendants charged with a felony waited longer in Queens than in all other boroughs for their case to be completed, on average 138 days in 2016; and
Whereas, Prolonged cases may lead to defendants being incarcerated unnecessarily, pleading guilty when they are innocent to avoid the long wait of pre-trial detention, or potential loss of employment due to attending several court appearances and missing work; and
Whereas, While case delays and court congestion are a result of an array of factors...
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