Courts revamp bail law training for judges
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New York’s courts have revamped their bail law training program for judges, court officials announced last week. AP file photo by Kathy Willens
By Jacob Kaye
New York’s judges will now have access to revamped trainings aimed at ensuring the judiciary is up to speed on the state’s bail laws, court officials announced last week.
The new training program, which was announced by Chief Administrative Judge Joseph Zayas on Thursday, comes around four years after the implementation of the state’s controversial reforms to its bail laws.
Despite the nearly half decade that’s passed since the laws’ implementation, bail has remained a contentious topic.
It’s been pointed to by Republicans and conservative Democrats as a driver of crime, despite data that shows otherwise. It also has been a central feature of a majority of state budget negotiations over the past several years. And just last month, a handful of top NYPD officials incorrectly claimed that a judge had failed to set bail on a defendant when they otherwise could have. Despite getting a number of facts wrong in their initial attack, the NYPD officials later defended their public outburst by claiming it wasn’t so much the details that mattered, but the sentiment.
Now, Zayas says the court system will make a “recommitment” to a “robust statewide program of judicial education, with a particular focus on on bail training for judges handling criminal cases.” The new programming began in January.
“In my role as chief administrator of the courts, I am proud to place a renewed emphasis on meaningful education and training opportunities, especially training on an issue, like bail, that is so important to the fair and equitable functioning of our criminal justice system,” Zayas said in a statement.
“That the stellar educational programs delivered to our new judges at the Judicial Institute this year have been augmented by an extra emphasis on bail issues will benefit not only those individuals appearing before the courts but all New Yorkers,” he added.
The changes to the state’s judicial education programming came after late last year, Chief Judge Rowan Wilson amended a section of the rules of the chief judge to allow the chief administrative judge and the Administrative Board of the Courts – which is comprised of the chief judge and the four presiding justices of the state’s Appellate Divisions – greater discretion in designing judicial training requirements.
With that new authority, Zayas issued an administrative order requiring new standards for training on the state’s bail laws.
Under the new rules, judges who are in their first year of assuming office or after being assigned to a court handling criminal cases will be required to complete four hours of educational programming on the bail laws.
Sophomore judges will be required to complete two hours of the training.
All other judges handling criminal cases will have to complete an hour of training on the bail reform changes each year.
According to the Office of Court Administration, “all judges attending the new bail programs will receive refresher courses designed to clearly and thoroughly explain fundamental principles governing bail determinations under New York law, all relevant changes to the Criminal Procedure Law, and significant developments in the case law surrounding bail and securing orders.”
The trainings will be offered by the New York State Judicial Institute, which runs all training programming for judges in the Empire State during its summer seminars, new judge trainings and continuing education courses offered year round.
“Judicial education serves as the cornerstone in ensuring that judges and justices are well-equipped, knowledgeable, and proficient in specialized areas of the law,” said Judge Kathie E. Davidson, the dean of the New York State Judicial Institute. “A well-informed judiciary plays a crucial role in promoting a deeper understanding of the law and its implications, thereby bolstering public trust and confidence in the judicial system.”
“These targeted educational programs will help the judiciary to continue to operate with impartiality and independence while safeguarding the interests of the community,” Davidson added. “Chief Administrative Judge Zayas’s focus on expanding judicial educational trainings and programs underscores the courts’ commitment to uphold justice for all litigants.”
Additional training will be provided regarding changes to the state’s discovery rules and the discretion judges have in determining sanctions for discovery violations, which have become more common since the reforms went into effect.
During a January budget hearing before state lawmakers, Zayas was asked about the training judges get surrounding discovery reforms given the increase in the number of cases in which prosecutors are unable to meet their discovery obligations. The judge said that while the court system offered trainings in both changes to the law, he was glad to hear that lawmakers were concerned with discovery reform training after, for years, being chiefly concerned with bail reform.
"Anybody who exercises criminal in this jurisdiction, this is the topic,” Zayas said. “There certainly is all sorts of training with respect to discovery. Baill has occupied the discussion for the last few years and very few people have been talking about discovery.”
“I'm not saying that the bail discussions are over, but I'm glad that we can move on to talk about some of the other reform legislation which again, I say I am completely supportive of,” he added.
Questions about bail training for judges also came up during the court’s budget hearing the year prior – and were far more contentious.
Then-acting Chief Administrative Judge Tamiko Amaker was grilled by lawmakers looking for details about what type of training the court system offered to judges on bail. Much to the chagrin of Judiciary Committee Chair Brad Hoylman-Sigal, Amaker declined to share what types of training materials are given to judges or a list of the names of judges who attended the trainings.
“The overarching question for the legislature is why in certain instances, when a judge could set bail, they're not setting bail,” Amaker said. “I think that that's because it really just depends on the circumstances of that specific case. That just because you have the ability just because it is a qualifying offense, and you can set bail, doesn't mean that you will.”
