New York State Temporary Commission on the Courts Records A0002

New York State Temporary Commission on the Courts Records

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Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:

The duties of the Temporary Commission on the Courts were to make a comprehensive study of the state's judicial system and propose appropriate legislative and constitutional remedies for problems discovered. Records in this series document issues including, but not limited to selection of judges; proposed judiciary article of state constitution; operational costs of the court system; proposed rules and amendment of Civil Practice Act; legal issues involving children; calendar congestion and delay; court system structure; the Judicial Conference; and comparative negligence.

Creator:

New York (State). Temporary Commission on the Courts

Title:

Temporary Commission on the Courts records

Quantity:

121 cubic feet

Inclusive Dates:

1945-1963

Series Number:

A0002

Arrangement

This series is arranged roughly by issue on which the Temporary Commission on the Courts focused. Chairman Harrison Tweed correspondence, records of commission meetings and public hearings, press releases, and tabulation of replies to questionnaires are also grouped.

Administrative History

The Temporary Commission on the Courts was created by an Act of Commission (L. 1953, Ch. 591), and was extended at various times through March 31, 1958. Its duties were to make a comprehensive study of the judicial system, including administration, structure, procedure and personnel of courts. More specifically, it dealt with such issues as: an evaluation of calendar congestion and delay; revision and simplification of practice statutes; reduction in costs of litigation; changes in substantive laws; and improvements in the selection of the judiciary. The Commission was also empowered to conduct studies, inquiries, and surveys, and to make an annual report to the governor and legislature of studies and recommendations for changes in the law. Public hearings were held at various times between 1954 and 1956 by the various subcommittees.

The Commission was organized as follows: Harrison Tweed, Chairman; Subcommittee on Modernization of the Court Structure, Louis M. Loeb, Chairman; Subcommittee on Calendar Congestion and Delay, Roger B. Hunting; Advisory Committee on Practice and Procedure (responsible for the revision of Civil Practice Acts), Jackson A. Dykeman, Chairman; Subcommittee on Discovery and Disclosure; Subcommittee on the Judicial Conference; and Subcommittee on Youth and Family in the Court, Mary Conway Cohler, Special Consultant. A cost of operations study was conducted in 1956-1957.

The Temporary Commission on the Courts succeeded in: establishing attorneys lien by claim letter (1955); creating foster homes and hostels, work camps, a Youth Division in the Corrections Department (1955), and additional probation services; holding a Judicial Conference (1955); and authoring youth sections of the Civil Practice Act which ultimately led to its repeal in 1960 and replacement by the Civil Practice Law and Rules (1963).

Scope and Content Note

Records in this series document issues including, but not limited to selection of judges; proposed judiciary article of state constitution; operational costs of the court system; proposed rules and amendment of Civil Practice Act; legal issues involving children; calendar congestion and delay; court system structure; the Judicial Conference; and comparative negligence.

Record types include reports and memorandums relating to the court systems of other states; topical reports and studies created or compiled by the commission; drafts of commission reports to the governor; drafts of sections of proposed judiciary article of state constitution; legislation proposed by the commission; financial records of state, county, and municipal courts; meeting agendas and minutes; press releases; and correspondence with judges, law school professors, bar and attorney associations, and interested citizens and advocacy groups.