Ensuring Adequate Judicial Capacity in New York
The City Bar’s advocacy to ensure New York’s courts have the judges they need—based on caseloads, complexity, and actual demand, not outdated population caps. This work includes support for the Uncap Justice Act and the Timely Justice Act.
This page gathers the City Bar’s core recommendations, reports, legislative updates, and ways to engage.
Last updated: June 10, 2026
What We’re UrgingWhat We’re Urging
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Pass the Uncap Justice Act, a constitutional amendment to remove the population-based cap on Supreme Court justices so the Legislature can add judges where need is demonstrated.
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Advance the Timely Justice Act, legislation requiring regular, public reporting on judicial workload and court need to ensure data-driven decision-making.
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Align judicial resources with actual caseloads and complexity, not population alone.
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Provide the Legislature with transparent, evidence-based tools to make informed decisions about where additional judicial capacity is required.
For the Public / AdvocatesFor the Public / Advocates
How You Can Help
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Raise Uncap Justice and Timely Justice in meetings with legislators.
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Identify the issue as a priority for your organization.
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Share real-world examples of court delays through our survey. 🔗 Click here!
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Encourage coalition partners to engage.
For PolicymakersFor Policymakers
The Ask
Advance and pass the Uncap Justice Act and the Timely Justice Act this session to provide the flexibility and transparency necessary to address judicial shortages.
Key Rationale
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The constitutional cap prevents needed judgeships in high-demand districts.
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Caseload disparities cannot be addressed under the current structure.
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Transparent workload data strengthens legislative decision-making.
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Timely justice depends on adequate judicial capacity.
Why It MattersWhy It Matters
New York’s Constitution limits the number of Supreme Court justices based on a fixed population ratio (one justice per 50,000 residents in each judicial district). That formula does not account for caseload volume, case complexity, or uneven geographic demand.
As a result:
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High-volume districts such as the Bronx and Manhattan face persistent judicial shortages.
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The Office of Court Administration (OCA) has long resorted to adopting makeshift measures that involve designating judges from other courts to sit on the Supreme Court on an “acting” basis. This “robbing Peter to pay Paul” approach depletes these other courts of critical judicial resources.
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Litigants experience prolonged delays across the court system in resolving matters affecting families, housing, businesses, and public safety.
Reform is not about judicial convenience — it is about ensuring timely access to justice for New Yorkers across the state.
Current StatusCurrent Status
This Legislative Session: Both bills failed to advance during the 2026 legislative session
- A.3305 (AM Bores) / S.8192 (Sen. Cleare), the Timely Justice Act
Key DocumentsKey Documents
Core Reports
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Support for Removing the Cap on NYS Supreme Court Justices (Uncap Justice Act)
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Support for Legislation to Ensure Adequate Judicial Resources (Timely Justice Act)
- Repeal the Cap and Do the Math: Why we need a modern, flexible, evidence-based method of assessing New York’s judicial needs (Sept. 2023)
Advocacy & Explainers
- Increasing the Number of Judges in New York: Repeal the Cap and Do the Math – Oct. 2023 event video
Media Items
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State lawmakers fail to advance bills that would grow NY’s Supreme Court (Queens Daily Eagle) – June 9, 2026
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New York state legislators see no path forward for bill to fix judicial shortages until 2029 (amNY) – May 20, 2026
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Proposed Law Could Eliminate the Cap on Number of Judges in New York by Hon. Andrea Masley and Fran Hoffinger (State Court Report) – May 18, 2026
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Coverage of Chief Administrative Judge’s comments supporting lifting the cap (44th St. eNews) – Feb. 10, 2026
Contact: Elizabeth Kocienda | Director of Advocacy | ekocienda@nycbar.org