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New York State's judiciary is drowning under its own weight. The lifeline? Scrapping an antiquated constitutional cap on the number of elected judges to the state Supreme Court, as recommended by the New York City Bar Association (NYCBA).

 New York Judges Shortage : An Outdated System

Since 1962, New York's Constitution has used a simple formula: one justice for every 50,000 people. But what seemed straightforward has grown convoluted and inadequate, leaving New York's courts gasping for air. The NYCBA's recently released report delivers a stark message: "The constitutional formula has proven woefully inadequate and outdated."

 New York Judges Shortage : The Real Numbers

The law currently sanctions 364 statewide elected judicial seats for the Supreme Court. But crunch the 2020 census numbers, and the cap peaks at 401 seats. The NYCBA points to this discrepancy as a glaring issue, causing ripples throughout the entire New York court system. Imagine a busy restaurant with only half the required number of waitstaff — chaos reigns.

 New York Judges Shortage :  A Band-Aid Solution

The Office of Court Administration's answer to the judges shortage? Borrow judges from other courts to fill the Supreme Court's vacant seats on a temporary basis. This 'robbing Peter to pay Paul' strategy, as the NYCBA terms it, not only depletes other courts but establishes a makeshift class of "acting Supreme Court justices".

New York Judges Shortage :The COVID Complication

As if the existing situation weren't dire enough, the aftermath of the COVID pandemic has thrown another wrench into the system. With backlogs already overwhelming the judiciary, the recent cuts in resources threaten to stretch the courts even thinner.

 New York Judges Shortage : Time for a Change

The NYCBA's solution: ditch the cap. They urge a modification that mandates a review of the number of Supreme Court justices at least once every decade. While other states employ data-driven evaluations and updates, New York lags, tethered to an outdated population-based approach.

 Beyond Numbers: Evaluating Needs

The call isn't just for more judges. It's about ensuring quality and efficiency in the justice system. Factors like case complexity and the time required for unrepresented litigants should also play a role. Furthermore, transparency is paramount. New Yorkers should have access to data on case resolution times and be privy to their legislators' stances on clearance rates in courts.

Immediate Action for Other Courts

The report highlights a silver lining: while the Supreme Court faces these constitutional caps, other courts do not. The Legislature has the power to immediately assess and adjust the judicial needs of these courts. No need to await constitutional changes — the data and expertise are already at hand.