S139C

The State Senate passed legislation requiring lawyer judges in New York's 100 busiest town courts, addressing what sponsor Sen. Ryan called a "two-tier justice system" that allows non-attorney judges to sentence defendants to jail. The bill, S139C, passed 42-15 on a roll call vote. Ryan argued the measure corrects an anachronism dating to the early 1700s, noting that New York is among the few states allowing non-lawyer judges to impose jail sentences despite the Supreme Court's Gideon v. Wainwright ruling guaranteeing the right to counsel in criminal proceedings. The bill targets the 100 busiest town courts, which handle serious matters including felony arraignments, misdemeanors, and small claims. Ryan said the geographic distribution of these courts aligns with areas having high concentrations of attorneys, making implementation feasible. Fifteen senators voted against the measure, including Borrello, Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, Martins, Murray, Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco, Weber, and Weik. The bill takes effect January 1.