Remarks at the ‘No Cap’ Rally in Albany – By Muhammad U. Faridi, President

The people of the State of New York deserve a judicial system that is adequately staffed to deliver timely and effective justice. The No Cap Act represents a crucial step toward that goal. For far too long, New York has struggled with an insufficient number of judges—relying on temporary and inadequate stopgap measures that fail to meet the state’s growing and complex needs.

At the heart of this problem is the constitutional cap on the number of Supreme Court justices, tied solely to population. This outdated formula does not account for the actual volume or nature of cases brought in each judicial district. Population size is a poor proxy for calculating the judicial hours needed to do justice which the Do the Math bill achieves. Additionally, the cap has created a systemic shortfall that undermines justice across the state.

To compensate, the court system has resorted to assigning judges from other courts such as Criminal, Civil, and Family Court to serve as acting Supreme Court justices. This “robbing Peter to pay Paul” approach stretches our judiciary thin, depletes critical resources from other courts, and undercuts both the intent of the constitutional provision for temporary assignments and the right of voters to elect Supreme Court justices directly.

The consequences are widespread and deeply felt. Trial and appellate courts are plagued by delays. Judges are overwhelmed by excessive caseloads, making it impossible to manage the dockets effectively. Proceedings are frequently adjourned, and bench trials are often interrupted or delayed for months. These inefficiencies profoundly affect the lives of New Yorkers. A custody case, for example, may take over a year to conclude simply because it cannot be heard on consecutive days. In criminal court, a prolonged trial can mean extended incarceration for individuals awaiting resolution.

It is time for New York to repeal this antiquated and insufficient law. The City Bar strongly urges the Assembly to join the Senate in giving first passage to the No Cap Act before the end of the session. Justice cannot wait.