Res. No. 1064

Resolution calling on the New York State Legislature to amend the New York State constitution to remove the requirement that New York City court judges be admitted to practice law for a minimum of five years, and amend the New York City Civil Court Act to eliminate the requirement that Civil Court judges be attorneys admitted to practice law in New York State for ten years, and to establish new eligibility criteria that allows qualified non-attorneys to serve as elected judges in the New York City Civil Court

By Council Member Morano

Whereas, The New York State constitution requires that anyone assuming the office of judge of the county court, surrogate's court, family court,  or a court for the city of New York has been admitted to practice law for at least five years; and

Whereas, The New York State Constitution permits the legislature to set additional eligibility requirements for judicial office; and

Whereas, The New York City Civil Court hears civil cases involving claims up to $50,000, as well as housing, and small claims; and

Whereas, The New York City Civil Court Act requires that judges of the Civil Court be admitted to practice law in New York State for at least ten years prior to taking office, a requirement that is stricter than the state Constitution’s five-year minimum, and one that uniquely excludes New York City residents who would otherwise be eligible to serve on other courts elsewhere in the state; and

Whereas, The New York State Constitution does not require that all judges be attorneys; and

Whereas, More than thirty states currently allow non-lawyer judges to serve in various courts, including seventeen states that permit non-lawyer judges to preside over eviction cases and eight states that permit non-lawyer judges to preside over cases that may result in incarceration; and

Whereas, The United States Supreme Court has upheld the constitutionality of non-lawyer judges presiding over criminal cases so long as the defendant retains the right to a trial before a lawyer-judge; and

Whereas, New York State allows non-lawyer Town and Village Justices to preside over criminal arraignments, traffic cases, landlord-tenant disputes, and other civil matters; and

Whereas, Expanding eligibility for the Civil Court to include non-attorneys would broaden the pool of potential judicial candidates and allow voters to choose from a wider range of professional and life experiences; and  

Whereas, Expanding eligibility for the Civil Court to include non-attorneys could enhance the perspective of those involved in the civil court system by ensuring the judiciary reflects not only the views of legal professionals but also the lived experiences of New Yorkers with varied expertise; and

Whereas, Allowing non-attorneys to serve as judges in Civil Court helps ensure that the legal system remains accountable to the public; and

Whereas, Appropriate judicial training and continuing education programs would ensure that any non-lawyer elected to the Civil Court is fully prepared to fulfill their duties; and

Whereas, There is no requirement that U.S. Supreme Court Justices or federal judges hold law degrees; and

Whereas, In 2009 Senator Arlen Specter stated that he “could imagine a nominee who was not a lawyer” for the United States Supreme Court; now, therefore, be it

Resolved, That the Council of the City of New York calls on the New York State Legislature to amend the New York State constitution to remove the requirement that New York City court judges be admitted to practice law for a minimum of five years, and amend the New York City Civil Court Act to eliminate the requirement that Civil Court judges be attorneys admitted to practice law in New York State for ten years, and to establish new eligibility criteria that allows qualified non-attorneys to serve as elected judges in the New York City Civil Court.

LS #19967

09/02/25

EHC