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| Chronic Bronx Court Delays Deny Defendants Due Process, Suit Says | Chronic Bronx Court Delays Deny Defendants Due Process, Suit Says |
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| Court delays in the Bronx — so troublesome that state officials had to create special courts to clear a backlog of felony cases — remain unresolved and have “fatally undermined the right to trial” for tens of thousands of people charged each year with low-level offenses, according to a lawsuit filed on Tuesday. | Court delays in the Bronx — so troublesome that state officials had to create special courts to clear a backlog of felony cases — remain unresolved and have “fatally undermined the right to trial” for tens of thousands of people charged each year with low-level offenses, according to a lawsuit filed on Tuesday. |
| The suit, which was filed in Federal District Court in Manhattan and seeks class-action status, depicts a broken system in which hundreds of people arrive each morning and wait for hours or even a day for perfunctory court appearances. | The suit, which was filed in Federal District Court in Manhattan and seeks class-action status, depicts a broken system in which hundreds of people arrive each morning and wait for hours or even a day for perfunctory court appearances. |
| Defendants often end up having to return to court repeatedly before their cases are dismissed or go to trial, according to the suit, which was filed by two law firms and the Bronx Defenders, which provides legal representation to poor people. | Defendants often end up having to return to court repeatedly before their cases are dismissed or go to trial, according to the suit, which was filed by two law firms and the Bronx Defenders, which provides legal representation to poor people. |
| Robin Steinberg, the Bronx Defenders’ executive director, said delays for people charged with misdemeanors — the lawsuit’s focus — had only gotten worse in recent years. Last year, there were more than 45,000 misdemeanor arraignments in the Bronx, according to court statistics cited in the suit. Ms. Steinberg said the misdemeanor cases accounted for the vast majority of the people entering the system. | Robin Steinberg, the Bronx Defenders’ executive director, said delays for people charged with misdemeanors — the lawsuit’s focus — had only gotten worse in recent years. Last year, there were more than 45,000 misdemeanor arraignments in the Bronx, according to court statistics cited in the suit. Ms. Steinberg said the misdemeanor cases accounted for the vast majority of the people entering the system. |
| “We see the impact of intractable delays on the lives of our clients every day,” she said in an interview. “They suffer financially and psychologically — losing wages, missing school, scrambling to find child care.” | “We see the impact of intractable delays on the lives of our clients every day,” she said in an interview. “They suffer financially and psychologically — losing wages, missing school, scrambling to find child care.” |
| The filing comes three years after The New York Times published a series of articles on the delays in the Bronx courts, describing how a lack of resources and a culture of delay had crippled the system, creating a huge backlog of cases that undermined a tenet of the American justice system: the right to a speedy trial. | The filing comes three years after The New York Times published a series of articles on the delays in the Bronx courts, describing how a lack of resources and a culture of delay had crippled the system, creating a huge backlog of cases that undermined a tenet of the American justice system: the right to a speedy trial. |
| As public outrage over the issue crested, state court officials created the dedicated courts, giving judges in those parts a mandate to produce more plea agreements and push felony cases to trial. That effort had some success in ridding the calendar of older felonies and easing the backlog. | As public outrage over the issue crested, state court officials created the dedicated courts, giving judges in those parts a mandate to produce more plea agreements and push felony cases to trial. That effort had some success in ridding the calendar of older felonies and easing the backlog. |
| Last year, Jonathan Lippman, who was then New York State’s chief judge, and Mayor Bill de Blasio, a Democrat, announced a second initiative to speed up the cases of hundreds of defendants jailed at Rikers Island for more than a year on felony charges. Special Supreme Court parts were created, which are operated by experienced judges who apply pressure to prosecutors and defense lawyers to move cases along. | Last year, Jonathan Lippman, who was then New York State’s chief judge, and Mayor Bill de Blasio, a Democrat, announced a second initiative to speed up the cases of hundreds of defendants jailed at Rikers Island for more than a year on felony charges. Special Supreme Court parts were created, which are operated by experienced judges who apply pressure to prosecutors and defense lawyers to move cases along. |
| Yet delays have continued to plague the lower courts in the Bronx, which handle the misdemeanor cases, such as trespassing, turnstile jumping, marijuana possession and minor assaults. | Yet delays have continued to plague the lower courts in the Bronx, which handle the misdemeanor cases, such as trespassing, turnstile jumping, marijuana possession and minor assaults. |
| “The system more closely resembles punishment than due process,” the lawsuit said. | “The system more closely resembles punishment than due process,” the lawsuit said. |
| Because people are not scheduled for specific times in court, they may have to take off an entire day from work, the suit says, and when they finally go before a judge, their appearance may last just a few minutes before the case is postponed to another date. | Because people are not scheduled for specific times in court, they may have to take off an entire day from work, the suit says, and when they finally go before a judge, their appearance may last just a few minutes before the case is postponed to another date. |
| Defendants charged with misdemeanors in the Bronx regularly see their cases languish far past the 60- and 90-day speedy trial limits set down in state law for various low-level offenses, because delays caused by the courts’ crowded calendar rather than the district attorney are not counted toward the limit. Defendants who wish to go to trial must often wait years and sometimes never get their day in court, a 2013 study showed. | Defendants charged with misdemeanors in the Bronx regularly see their cases languish far past the 60- and 90-day speedy trial limits set down in state law for various low-level offenses, because delays caused by the courts’ crowded calendar rather than the district attorney are not counted toward the limit. Defendants who wish to go to trial must often wait years and sometimes never get their day in court, a 2013 study showed. |
| The delays are caused by a shortage of judges, court officers and court reporters that keep trial parts idle and locked, the lawsuit said. Misdemeanor defendants must wait on average 642 days for a bench trial and 827 days for a jury trial in the Bronx, far longer than in New York City’s other boroughs, according to the lawsuit. It noted that over 500 misdemeanor cases had been pending for more than two years. | The delays are caused by a shortage of judges, court officers and court reporters that keep trial parts idle and locked, the lawsuit said. Misdemeanor defendants must wait on average 642 days for a bench trial and 827 days for a jury trial in the Bronx, far longer than in New York City’s other boroughs, according to the lawsuit. It noted that over 500 misdemeanor cases had been pending for more than two years. |
| In one case, a 40-year-old single mother was charged in 2012 with a count of misdemeanor assault; it was not until November 2015 — 1,166 days after her initial arraignment — that she received an adjournment in contemplation of dismissal, a disposition that requires no admission of guilt, according to the lawsuit. | In one case, a 40-year-old single mother was charged in 2012 with a count of misdemeanor assault; it was not until November 2015 — 1,166 days after her initial arraignment — that she received an adjournment in contemplation of dismissal, a disposition that requires no admission of guilt, according to the lawsuit. |
| Another man, Joseph Bermudez, a 36-year-old Bronx resident, was arrested in 2012 on suspicion of drunken driving, the lawsuit says. He received a bench trial in December 2015 — 1,255 days after his initial arraignment — and was acquitted, the suit says. In a phone interview, Mr. Bermudez, a warehouse manager at an appliance company, said he had to use overtime as well as vacation days and personal and sick leave to attend many of the court appearances. | Another man, Joseph Bermudez, a 36-year-old Bronx resident, was arrested in 2012 on suspicion of drunken driving, the lawsuit says. He received a bench trial in December 2015 — 1,255 days after his initial arraignment — and was acquitted, the suit says. In a phone interview, Mr. Bermudez, a warehouse manager at an appliance company, said he had to use overtime as well as vacation days and personal and sick leave to attend many of the court appearances. |
| The defendants named in the lawsuit are Gov. Andrew M. Cuomo; the state’s chief judge, Janet DiFiore; and Lawrence K. Marks, the court systems’ chief administrative judge. The private firms that are helping to represent the plaintiffs are Emery Celli Brinckerhoff & Abady and Morrison & Foerster. | The defendants named in the lawsuit are Gov. Andrew M. Cuomo; the state’s chief judge, Janet DiFiore; and Lawrence K. Marks, the court systems’ chief administrative judge. The private firms that are helping to represent the plaintiffs are Emery Celli Brinckerhoff & Abady and Morrison & Foerster. |
| Lucian Chalfen, a spokesman for Judge DiFiore, who took office in January, declined to comment on the specifics of the lawsuit, but acknowledged that chronic delays in Bronx courts were a troubling phenomenon, one the judge highlighted in her first policy speech. | Lucian Chalfen, a spokesman for Judge DiFiore, who took office in January, declined to comment on the specifics of the lawsuit, but acknowledged that chronic delays in Bronx courts were a troubling phenomenon, one the judge highlighted in her first policy speech. |
| “The issue of case backlogs and delays in the state courts, particularly in the Bronx, are an absolute top priority and from her first day, have been directly addressed by the new chief judge,” Mr. Chalfen said. “She and senior court administrators are actively engaged in working on resolving the problem to the expectations and standards that we expect from the state court system.” | “The issue of case backlogs and delays in the state courts, particularly in the Bronx, are an absolute top priority and from her first day, have been directly addressed by the new chief judge,” Mr. Chalfen said. “She and senior court administrators are actively engaged in working on resolving the problem to the expectations and standards that we expect from the state court system.” |
| A spokesman for Mr. Cuomo, a Democrat, said the complaint was under review. | A spokesman for Mr. Cuomo, a Democrat, said the complaint was under review. |
| The lawsuit seeks reforms, not damages. Ms. Steinberg cited ideas such as excusing all defendants from having to appear for every court hearing, allocating more judges and court staff to the Bronx and creating flexible appearance times, including in the evening. | The lawsuit seeks reforms, not damages. Ms. Steinberg cited ideas such as excusing all defendants from having to appear for every court hearing, allocating more judges and court staff to the Bronx and creating flexible appearance times, including in the evening. |
| “Clearly, there are things that can be done immediately to lessen the burden on people,” she said. | “Clearly, there are things that can be done immediately to lessen the burden on people,” she said. |
| Councilman Rory I. Lancman, a Queens Democrat, led oversight hearings in February on the delays in the city’s criminal courts. Mr. Lancman said a shortage of judges, court officers and courtrooms were the major reasons for the backlogs, not just in the Bronx but across the city. | Councilman Rory I. Lancman, a Queens Democrat, led oversight hearings in February on the delays in the city’s criminal courts. Mr. Lancman said a shortage of judges, court officers and courtrooms were the major reasons for the backlogs, not just in the Bronx but across the city. |
| Mr. Lancman said Mr. de Blasio had the power under state law to appoint 107 criminal court judges and had filled all but a few of those positions. Still, he said, only about half of those judges currently serve in the criminal courts, because state administrators have transferred them to hear felony cases. About two dozen civil judges have also been shifted to hear criminal cases. | Mr. Lancman said Mr. de Blasio had the power under state law to appoint 107 criminal court judges and had filled all but a few of those positions. Still, he said, only about half of those judges currently serve in the criminal courts, because state administrators have transferred them to hear felony cases. About two dozen civil judges have also been shifted to hear criminal cases. |
| “There are just not enough judges,” Mr. Lancman said. “The Office of Court Administration is doing its best to shuffle the deck chairs on the Titanic, but it’s still the Titanic.” |