BILL NUMBER: S3864
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the judiciary law and the criminal procedure law, in
relation to the publication of opinions rendered in criminal causes
 
PURPOSE:
To increase transparency of New York legal decisions in criminal
proceedings.
 
SUMMARY OF PROVISIONS:
Section one of the bill provides the short title, the "Criminal Court
Opinion Transparency Act."
Section two of the bill amends § 212 of the judiciary law to require
the chief administrator of the courts to collect, compile, and publish
certain statistics and related data online for each criminal case
resulting in an opinion subject to reporting under Article 14 of the
judiciary law.
Section three of the bill amends § 212 of the judiciary law to require
the chief administrator of the courts to create a docketing process for
opinions from the clerk of any court to be transmitted to the law
reporting bureau in accordance with § 432 of the judiciary law.
Section four of the bill amends § 432 of the judiciary law to author-
ize the chief administrative judge to set up a system (already operating
informally) by which any e-filed opinion is automatically sent to the
law reporting bureau without further burdening the authoring judge or
justice.
Section five of the bill adds a new § 433-b of the judiciary law to
require the state reporter to publish the following criminal court opin-
ions: motions to suppress evidence or to controvert a search warrant,
motions to dismiss charges, omnibus motions, motions to exclude expert
testimony, motions to challenge the validity of a certificate of compli-
ance, and motions to sever. Section five would also require such opin-
ions delivered from the bench (i.e. orally) to be excerpted by the
clerks of the court and transmitted to the state reporter for publica-
tion.
Section six of the bill adds a new § 433-c of the judiciary law to
ensure that all published opinions are properly redacted to preserve the
privacy of parties and witnesses.
Section seven of the bill amends § 10.40 of the criminal procedure law
to ensure that nothing in this section shall be construed to limit or
qualify the delivery of opinions to the law reporting bureau under Arti-
cle 14 of the judiciary law.
Section eight of the bill sets the effective date.
 
JUSTIFICATION:
The essence of a fair and transparent legal system lies in public acces-
sibility to its proceedings and decisions. This is particularly impor-
tant in criminal courts, where the stakes include severe consequences
such as loss of liberty and potential deportation. Yet decisions issued
in New York's criminal courts are rarely publicly available. In this
state, criminal court judges effectively decide whether or not to
publish their decisions in criminal cases. According to researchers,
only an estimated 6% of criminal court decisions are made publicly
available every year, leaving thousands of decisions out of reach for
most New Yorkers.
Public access to criminal court decisions is crucial to guarantee the
transparency and accountability of New York's criminal legal system.
Making more criminal court decisions public ensures that the community
comprehends the reasoning and interpretations involved in judicial
outcomes. This level of openness is essential for maintaining the integ-
rity of the justice system and fostering public trust. This is especial-
ly true for decisions that offer interpretations of the federal and
state constitutions, thus influencing the evolution of constitutional
law and, consequently, the rights of New Yorkers.
Public access to these decisions is also important to guarantee a mean-
ingful, merit-based assessment of judicial candidates. In New York,
judges are not tenured for life but instead must seek reappointment and
reelection. The process of evaluating judges for reappointment,
reelection, or even promotion, is dependent on an understanding of their
decision-making. Full transparency in the publication of all decisions
ensures a more comprehensive and objective assessment of a judge's legal
acumen and fidelity to legal principles, enhancing the selection process
for judicial positions.
Moreover, criminal court decisions play a crucial role in shaping attor-
neys' legal strategies and arguments. The absence of public access to
these decisions can lead to an uneven application of laws and impede the
ability of defense attorneys to prepare effective defenses. Similarly,
public access to these decisions aid appellate courts and administrative
bodies in understanding legal trends and inconsistencies, contributing
to a more informed and equitable judicial process.
By expanding public access to criminal court decisions, this bill stands
as a cornerstone in advancing judicial transparency, enhancing the qual-
ity of New York's criminal legal system, and fostering a more informed
and engaged citizenry.
 
LEGISLATIVE HISTORY:
2024: S9674 (Gianaris) PASSED SENATE / A10394 (Wallace) died in judici-
ary
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided, however, that the amendments to para-
graph (d) of subdivision 2 of section 10.40 of the criminal procedure
law made by section seven of this act shall not affect the expiration of
such section and shall expire and be deemed repealed therewith.

Statutes affected:
S3864: 212 judiciary law, 212(1) judiciary law, 212(2) judiciary law, 432 judiciary law, 160.50 criminal procedure law, 10.40 criminal procedure law, 10.40(2) criminal procedure law