New York – State Senator Brad Hoylman-Sigal and Assemblymember Alex Bores held a press conference today at the State Capitol to call for the passage of the Uncap Justice Act, a constitutional amendment that would remove the archaic and arbitrary population-based cap on State Supreme Court Justices (S.3849/A.1100).

The elected officials were joined by representatives from several prominent City and Statewide civic and legal organizations including the New York City Bar Association, the Business Council of New York State, the Center for Community Alternatives, and the New York County Defenders. In attendance: State Senator Brad Hoylman-Sigal, Assemblymember Alex Bores, NYC Bar President Muhammad U. Faridi, The Honorable James G. Clynes, Executive Director of the Manhattan Democratic Party Kyle Ishmael, Stephanie Bazell & Casey Dalporto from NY County Defenders, Executive Director Fund for Modern Courts Denise Kronstadt, Mario Vazquez from The Business Council of New York State, Assemblymembers Rodneyse Bichotte Hermelyn, Brian Cunningham, Jordan Wright, Harvey Epstein, Landon Dais, Gabby Romero, Chris Burdick, Eddie Gibbs, Tony Simone, and Phara Souffrant Forrest.

A provision in the New York State Constitution, first adopted in 1846 and last updated in the early 1960s, sets a limit on the number of State Supreme Court judgeships at one justice per 50,000 people residing in each district. This cap is causing an untenable backlog of over 295,000 in the New York State Court system, forcing court administrators to resort to stopgap measures, such as appointing acting judges from other courts to hear disputes, extending the backlog to the courts those acting judges were meant to serve on, and forcing New Yorkers throughout the state court system to wait far longer than they should have to in order to receive justice. The lack of a sufficient number of State Supreme Court justices has also caused an overwhelming and untenable caseload for the current justices. For example, each day a Manhattan Supreme Court justice may have as many as 2,500 cases on their docket and 400 motions awaiting their decision.

The Uncap Justice Act passed both houses of the New York State Legislature last session but now must do so again and then be approved by popular vote of the general public in order to be ratified. Once passed and ratified, the Uncap Justice Act will allow the State Legislature to add new State Supreme Court Justices and ensure that New Yorkers can have their cases heard in a timely manner.

State Senator Brad Hoylman-Sigal said: “Our State Court system is overburdened and backlogged, and the people of New York are suffering the consequences. Currently, our State Constitution limits the number of State Supreme Court Justices we can have but the amount of cases these judges are assigned to has increased beyond what any individual judge can reasonably handle, causing extreme delays for many New Yorkers navigating our judicial system. That’s why both houses of the State legislature have now passed the Constitutional Amendment that Assemblymember Bores and I proposed to remove the cap on State Supreme Court Justices. I’m looking forward to passing this amendment again, so we can allow the people of New York State to ratify. Then, finally, the legislature will have the authority to increase the number of judges in New York and make our judicial system more responsive and more effective for our residents.”

Assemblymember Alex Bores said: “New Yorkers are burdened by an overwhelming and unacceptable court backlog. We deserve a justice system that meets the needs of today, not one designed for 1846. Both victims and the accused suffer from excessive trial delays, facing prolonged uncertainty or the devastating consequences of pre-trial detention. The solution to this crisis is clear: more judges. By passing the Uncap Justice Act (A1100), the legislature can increase the number of judges per judicial district in New York, alleviating unreasonable caseloads and restoring efficiency to a system that’s been stretched far too thin. We’ve become too accustomed to a broken judiciary – and the time for change is now.”

Elected Officials:

Manhattan District Attorney Alvin Bragg said: “I join my legislative partners in supporting this vital bill which will add more judges to our overburdened courts and reverse the current backlog we are facing. The Uncap Justice Act will help the caseload of our prosecutors, secure justice for victims and survivors in a timelier manner and help our criminal justice system operate more efficiently. Thank you to State Senator Hoylman-Sigal and State Assemblymember Bores for sponsoring this important legislation.”

Assemblymember Rodneyse Bichotte Hermelyn said: "New York’s court system is in crisis, with judicial backlogs hindering fair and speedy justice, and archaic limits on Supreme Court Justices are hindering progress when we need it most'. That's why I ardently support the Uncap Justice Act—to finally eliminate this constitutional bottleneck, a law implemented in 1846 and empower the Legislature to add Justices where they are needed most."

President of the Association of Acting Supreme Court Justices, The Honorable James

G. Clynes said: “A1100/S2849 would strike the constitutional cap on the number of Supreme Court Justices. This concurrent resolution does not increase the number of judges in any judicial district, but instead gives the Legislature the flexibility to set numbers of justices in each judicial district appropriate to the amount of work that needs to be done, just as it is done for every other trial court in the state. This will allow the Legislature to ensure speedy justice in New York’s Supreme Court, saving litigants both time and money. This constitutional amendment is vital – and long overdue. For the sake of New York’s courts and the litigants appearing in them, our Association urges the Legislature to pass it immediately.”

New York County Committee Leader Keith L.T. Wright. said: “Justice delayed is justice denied and in Manhattan – the factory cranking out the most highly qualified diverse jurists in the nation – we are drowning in delays. We believe that justice must be accessible. And as New Yorkers, we believe that no one should be denied their voice. We commend the sponsors for advancing this legislation; we trust New Yorkers for being on the right side of history; and call on leadership to get this done this session.”

Assemblymember Tony Simone said: “New York’s Supreme Court is overwhelmed, thanks to an outdated cap on the number of judges. This arbitrary limit is clogging our courts and delaying justice. It’s time to lift the cap and give our judicial system the support it needs.”

Assemblymember Chris Burdick said: "It is absolutely critical that we take action to reduce the long delays New Yorkers face in getting their day in court. One of the most important steps we can take is to remove the outdated constitutional cap that prevents New York districts from appointing enough judges to meet the growing demand for justice. I strongly support the constitutional amendment proposed in the Uncap Justice Act, which would give the legislature the flexibility to add judges where they are most needed. This reform is essential to ensuring timely, fair, and efficient access to justice for all New Yorkers."

Ranking Minority member of the Assembly Judiciary Committee, Assemblymember Michael Tannousis, said: “As both a former prosecutor and private practice attorney, I have witnessed firsthand the ongoing congestion in our court system that delays justice and fairness for our communities. Assemblyman Bores’ bill is a step in the right direction ensuring that we will have the adequate amount of court personnel that will effectively service our constituents.”

Assemblymember Landon Dais said: “Under the sixth amendment, the constitution states we have a right to a speedy trial. The Uncap bill will ensure New Yorkers have access to judicial proceedings in a timely fashion. The Uncap bill will ensure we will hear the backlog of cases in the NY court system. It also provides the opportunity to create a more diverse judicial branch that represents the population of New York.”

Assemblymember Jordan Wright said: “The immense backlog of cases facing New York’s court system is standing in the way of justice. We need more judges: plain and simple. Until we have them, it is Black and Brown people who suffer the most: enduring lengthy stays in jail while awaiting a trial date, conviction or as often, acquittal. It is long past time to uncap justice and work towards a more efficient, balanced system.”

Assemblymember Rebecca Seawright said: “The Uncap Justice Act is a pragmatic and urgently needed solution to a crisis which has delayed justice and displaced businesses for countless New Yorkers,” said Assembly Member Rebecca A. Seawright, chair of the Aging Committee, which oversees policies and agencies affecting quality of life issues for New York’s nearly 5 million older adults. “I stand with a broad coalition - including elected officials, judicial groups, law enforcement officials, civic groups, and many others - in calling for this constitutional amendment which will help ensure the equitable and efficient judicial system that our city and state deserve.”

Assemblymember Micah Lasher said: "I am proud to support the Uncap Justice Act because New Yorkers deserve a court system that delivers justice swiftly. With nearly 300,000 backlogged cases across New York State, the current population cap on Supreme Court justices is outdated and detrimental to the lives of so many seeking access to the courts. It's time we remove this arbitrary restriction that exists nowhere else in our state court system and give our justice system the resources it needs.”

Assemblymember George Alvarez said: "The State of New York, which leads the way on so many groundbreaking issues and legislation, is woefully behind the times with its cap on judges. By allowing for additional judges, the Uncap Justice Act will bring New York up to speed, and most importantly, ensure that the justice system works fairly and efficiently for the accused, and will help businesses remain in our State."

Legal and Civic Organizations:

Muhammad U. Faridi, New York City Bar President, said: “For too long, New York has struggled with an insufficient and inadequate number of judges in Supreme Court, relying on temporary stopgap measures that fail to meet the state's growing and complex judicial needs. At the heart of this problem is the constitutional cap on the number of Supreme Court justices, tied solely to population. The cap has created a systemic shortfall that undermines justice across the state. The consequences are widespread and deeply felt. It is time for New York to repeal this antiquated and insufficient law. The City Bar urges the Assembly and Senate to pass the No Cap Act. Justice cannot wait any longer.”

Denise Kronstadt, Executive Director of the Fund for Modern Courts, said: “Our courts are among the most dedicated, critical and resilient institutions in our democracy. Judges and court staff deliver justice every day under immense pressure, often with limited resources and overwhelming caseloads. The judiciary is a co-equal branch of government, yet it is constrained with this outdated limit, an arbitrary cap on the number of Supreme Court judges. By passing the Uncap Justice Act we will expand access to justice and strengthen our courts.”

David Siffert, Adjunct Professor of Clinical Law at NYU School of Law, said: "It can take months to get rulings on simple motions, not because judges are lazy, but because each judge is responsible for far more cases than was ever anticipated. To mitigate the problem, the Office of Court Administration shuffles judges from one seat to another, which undermines the election and selection process, when judges hear cases for which they were not selected and in counties in which they were not elected. We must lift the cap on Supreme Court justices so that our judiciary can be adequately staffed for the demand and so that judges can serve in the roles for which they are picked."

Peter Martin, Director of Judicial Accountability at the Center for Community Alternatives, said: “New Yorkers are paying the price for an overburdened court system, as they wait years for justice in housing, criminal, family, and civil courts. The Uncap Justice Act is a long-overdue fix that brings New York's Supreme Court in line with every other trial court in the state by removing an outdated and arbitrary cap on the number of judges. It’s a common-sense reform that will reduce delays, lower costs, and help restore trust in our courts.”

Business and Industry Organizations:

Kathryn S. Wylde, President & CEO of the Partnership for New York City, said: “It's time New York removes the outdated cap on New York Supreme Court Justices. Our judicial system is strained by a limitation when the state’s population was 7 million less. An expanded bench will reduce case backlogs and bolster our economy by resolving legal disputes more effectively.”

Heather Mulligan, President & CEO of The Business Council of New York State, said: “The current formula for determining the number of Supreme Court justices is outdated and thus has put a great strain on the court system and the people and businesses of New York. There is a large backlog in cases due to the limited number of justices to oversee court proceedings. Eliminating the cap and allowing the legislature to adjust the numbers based on the actual needs of judicial districts would go a long way in eliminating the current issue of backlog cases.”

Tech:NYC said: “Tech:NYC strongly supports the Uncap Justice Act, which will eliminate the outdated cap on the number of New York State Supreme Court justices. This long-overdue proposal is essential to address the unsustainable backlog of nearly 300,000 cases statewide, which harms residents and businesses by causing significant delays in judicial proceedings. Eliminating the cap will allow the Legislature to create new judgeships, ensuring timely and equitable access to justice for all New Yorkers.”

New York Jewish Agenda said: “Jewish sacred texts are clear: Jews have a responsibility to pursue justice. To NYJA, that means taking a hard look at the structural inequalities in our society and working to correct them, especially in our criminal justice system; oftentimes, we are hard-pressed to find straightforward, effective solutions like the Uncap Justice Act, which is a rare opportunity to eliminate antiquated public policy and give New Yorkers the modern, flexible, evidence-based method of assessing the state’s judicial needs they are entitled to.”