The Judiciary & Access to Justice | 2026 NYS Legislative Agenda
Repeal the Population-Based Constitutional Cap on Supreme Court Justices and Modernize the Assessment of Judicial Needs
New York State struggles with an insufficient number of judicial seats. The dire need for additional judges overall is a function of the chronic failure to provide adequate judicial resources to New York’s Unified Court System. And while the reasons underlying such failure are manifold and multilayered, the lack of judicial resources stems in part from the population-based cap on the number of judges in each judicial district that is prescribed by the State Constitution. By limiting the number of authorized Supreme Court seats to one justice per 50,000 residents, the State Constitution prevents the Legislature from responding to changing caseloads, regional disparities, and evolving judicial demands.
To address the lack of resources at the Supreme Court level, the Office of Court Administration (OCA) has long relied on the widespread designation of judges from other courts to serve as Acting Supreme Court Justices. While necessary, this approach diverts resources from already overburdened lower courts and has resulted in a de facto permanent class of acting justices serving in courts to which they were neither elected nor appointed.
The City Bar supports the Uncap Justice Act, a constitutional amendment to repeal the population-based cap on Supreme Court justices and urges the Legislature to give second passage to the amendment in the current legislative session so it can be put before voters in a timely manner.
In conjunction with repealing the cap on Supreme Court Justices, the City Bar supports the Timely Justice Act, a bill requiring OCA’s Chief Administrative Judge to conduct an annual, data-driven assessment of judicial caseloads and workloads across the court system and to request changes in the number of judicial positions where warranted. This data would help inform the Legislature in carrying out its constitutional duty to set the number of judicial seats in each court, giving OCA the responsibility to initially identify the need to change the number of judicial seats. A modern, flexible, evidence-based process for assessing judicial needs is essential to ensuring access to justice and the fair administration of civil and criminal matters statewide. *City Bar Proposal*
Sustain and Expand Civil Legal Services Funding Through the Judiciary Budget to Promote Access to Justice
The City Bar strongly supports sustained and increased funding for civil legal services. For New Yorkers of low income, access to counsel in civil matters can be life-altering—preventing eviction or foreclosure, securing public benefits or healthcare, stabilizing families, and enabling asylum seekers to rebuild their lives free from persecution.
Civil legal services funding is also a sound economic investment. Studies, including the Permanent Commission on Access to Justice’s 2019 report, have found that every dollar invested in civil legal services yields a significant return to the State’s economy. The City Bar Justice Center’s own work demonstrates that even a small portion of matters handled can generate substantial measurable financial benefits, while countless other matters produce profound human value that defies quantification.
As pandemic-era protections and funding expire, demand for civil legal assistance continues to rise. Maintaining—and where possible increasing—judiciary funding for civil legal services is imperative to preserving access to justice and supporting New York’s broader economic recovery.
Strengthen Right to Counsel and Assigned Counsel Systems Through Sustainable Funding and Compensation
Beyond general civil legal services funding, New York must invest in systems that guarantee representation in specific high-stakes proceedings and ensure that the attorneys who staff those systems are compensated fairly and sustainably.
New York City’s Housing Court Right to Counsel (RTC) law has shown promising results, demonstrating that disturbing trends could be reversed. The City Bar supports continued investment in the City’s program and urges enactment of statewide right to counsel legislation so that tenants across New York receive representation when facing eviction.
Establishing a right to counsel in immigration proceedings—where family unity, economic stability, and fundamental due process are on the line—has never been more imperative. Unrepresented immigrants face one of the most complex areas of U.S. law with outcomes that differ dramatically depending on whether they have an attorney. To protect New York families and ensure fairness, the state must significantly strengthen and expand access to immigration legal services so that no one is forced to navigate detention or deportation alone.
The City Bar also supports reforms to assigned counsel compensation, including for 18-B attorneys providing representation in Family Court, Surrogate’s Court and Criminal Court, and Attorneys for Children (AFC). Despite recent rate increases, compensation remains insufficient to recruit and retain attorneys, particularly given the lack of cost-of-living adjustments and escalating expenses. Chronic underfunding has resulted in unsustainable caseloads, staffing shortages, and diminished access to justice for indigent litigants and children.
New York must implement a sustainable compensation structure that includes regular rate adjustments and cost-of-living increases to ensure that assigned counsel programs can function effectively and equitably.
Reform and Modernize the Administration of Class Actions in New York’s Courts
The City Bar supports amending Article 9 of the Civil Practice Law and Rules to reform and modernize the administration of class actions in New York’s courts. Enacted in 1975, Article 9 has not kept pace with developments in class action practice. Proposed reforms would expand access to class relief where appropriate, modernize certification and notice standards, and provide clearer guidance on appointment of class counsel. These updates would improve efficiency, fairness, and access to justice. *City Bar Proposal*