New york judicial system




















By the s, it had become apparent that the court system set up under the constitution was no longer adequate to the needs of the State. The first constitution had carried forward the colonial court system with the major exception of the court of final appeal, the House of Lords in London. In its place, the Court for the Trial of Impeachments and Correction of Errors commonly called the Court of Errors was established consisting of the members of the New York Senate together with the Judges of the New York Supreme Court or the Chancellor, depending on the court order from which the appeal was taken.

In addition to the four Appellate Division departments, New York State is broken into 12 judicial districts. In each judicial district there is an Administrative Judge who oversees the courts contained in each district.

Certain judges within the Eighth Judicial District have been appointed to be supervising judges. See the Supervising Judges in the 8th Judicial District for more information. The Supreme Court is the state-wide trial court with the broadest jurisdiction, both in criminal and civil matters. It can hear virtually any type of case brought before it, with the exception of claims brought against the state which must be heard by the Court of Claims. However, it generally hears only cases that are outside the jurisdiction of other trial courts of more limited jurisdiction.

The Supreme Court must be involved in proceedings to end a marriage since it is the only court which can grant divorce, annulment, and separation. As noted above, the Supreme Court is broken into twelve judicial districts state-wide.

Justices of the Supreme Court are elected to serve year terms. It is authorized to handle the prosecution of all crimes committed within the county, although in practice arraignments and other preliminary proceedings on felonies, and trials of misdemeanors and minor offenses are handled by courts of limited jurisdiction.

Additionally, this court has jurisdiction over certain types of real property actions with no monetary limitations such as foreclosures of property located wholly within the county in which the court is situated.

The court also serves as an intermediate appellate court for review of various city and town court actions.

The Court of Claims is a state-wide court having exclusive jurisdiction over claims for monetary damages against the State. The court does not have any jurisdiction over individual state employees. Judges in the Court of Claims are appointed by the governor for terms of 9 years.

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