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Op-ed | New York’s courts are in a crisis, and this simple fix will help

Facade of New York State Supreme Court Building
Simple but critical reform would give the state the flexibility to add judges where they’re needed, cutting down case backlogs and ensuring that justice is delivered swiftly and fairly.
Photo via Getty Images

Imagine waiting years for your day in court—whether you’re a victim seeking justice, a tenant fighting eviction, or a business trying to resolve a contract dispute. Imagine being stuck in jail for months simply because the courts don’t have the capacity to hear your case.

For too many New Yorkers, this isn’t a hypothetical—it’s reality. And it’s putting public safety, fairness, and efficiency at risk.

That’s why we’re fighting for a state constitutional amendment to remove an outdated and arbitrary cap on the number of justices in New York Supreme Court — the trial court of general jurisdiction that hears most civil and criminal cases. This simple but critical reform would give the state the flexibility to add judges where they’re needed, cutting down case backlogs and ensuring that justice is delivered swiftly and fairly.

Right now, our court system is stretched to its breaking point. The population has grown. Caseloads have skyrocketed. But because of a provision in the New York State Constitution dating back to 1846 (and last updated in 1961, when caseloads were a third of what they are today), we’re stuck with a rigid cap on the number of Supreme Court justices—one for every 50,000 people in a judicial district.

Manhattan and the Bronx are at their caps, meaning the state is not allowed to appoint additional justices to hear cases in these boroughs despite the legal community’s consensus that more justices are needed.

The result? Long waits, delayed trials, and a backlog so severe that many cases take years to resolve. In criminal cases, that means victims waiting endlessly for closure and defendants languishing in pre-trial detention, which strains our jails and costs taxpayers millions. In civil cases, it means delayed divorce proceedings, families waiting for custody rulings, and businesses struggling to move forward.

To keep things running, the state has resorted to hiring judges from lower courts to act as Supreme Court Justices. But that’s just shifting the burden—taking resources away from Family Court, Housing Court, and Civil Court, which already have their own backlogs. It’s a band-aid solution to a deep wound.

This isn’t just about passing a simple law—it’s about fixing the New York State Constitution. Last year, the State Legislature took the first step, passing a constitutional amendment sponsored by State Senator Brad Hoylman-Sigal, Chair of the Senate Judiciary Committee,and Assemblymember Alex Bores to remove the judicial cap. A constitutional amendment must be passed twice, in two consecutive legislative sessions, before it can go before voters in a statewide referendum.

That means we must pass it again this year. Soon after, New Yorkers will vote on whether to finally modernize our courts. If we want this amendment to become law, we need to rally public support and ensure voters say YES at the ballot box.

New York City has a direct stake in this fight. That’s why, on March 26, City Council Member Erik Bottcher will introduce a City Council resolution in support of this amendment. The City Council’s backing will send a powerful message to Albany: our communities cannot afford more delays.

New York’s court system is failing the people it serves. The answer is right in front of us: pass the amendment again this year, get it on the ballot, and fight to make sure New Yorkers vote YES.

This is about public safety, fairness, and the right to timely justice. We urge our colleagues in government, community leaders, and voters across the state to join us in making this long-overdue reform a reality.

Erik Bottcher represents Council District 3, which includes the West Village, Chelsea and Hell’s Kitchen. Senator Brad Hoylman-Sigal represents Senate District 47, which includes Greenwich Village, Chelsea, Hell’s Kitchen, and the Upper West Side. Alex Bores represents Assembly District 73, which includes Murray Hill, Turtle Bay, Sutton Place, Midtown East, and the Upper East Side.