As was previously mentioned, the panel included Justice D’Emic, the administrative judge of the Kings County Supreme Court, Criminal Term; Justice Espinal, the supervising judge of the Kings County Criminal Court; and Justice Walker, the presiding justice of the Youth Part. Each shared insights into the operational hurdles and progress of their respective courts.

Justice D’Emic explained that despite a 3 percent increase in pending cases, significant progress was made, with an 11 percent rise in trials and more that 1,000 hearings conducted. 

Challenges included a 23 percent surge in filed indictments and managing older cases, particularly those involving incarcerated defendants for more than two years. Additionally, the “gun initiative” saw a reduction in cases by 12 percent this year compared to last. 

Espinal highlighted the operational challenges and collaborative efforts to maintain efficiency in one of the busiest criminal courts in the state, possibly the country. 

In 2023, the court saw a significant increase in arraignments, with 23,960 online arrests, not including Desk Appearance Tickets (DATs), marking a rise from the previous year. Espinal noted the impact of NYPD staffing shortages on the arrest-to-arraignment process and the court’s efforts to expedite this timeframe, particularly for those not subject to bail under reform laws. 

The court faces a staffing crisis, Judge Espinal explained, with a net loss of court officers exacerbating the strain on managing the increased caseload, which rose by 19 percent in 2023. 

“I’m very proud that despite having limited resources, limited judges, there used to be 23 judges and we’re down to 13,” Espinal said. “We just lost five judges, three are going to the Supreme Court, and I’m only getting four judges back. We are so short-staffed to the point where I’m running around like crazy. We’re struggling, but as always at 120 Schermerhorn, we do more with less.”

Despite these challenges, the court has made strides in addressing long-pending cases and is exploring ways to enhance trial capacity, though it is limited by the shortage of judges and court reporters. Espinal also emphasized the importance of supporting veterans through the Veterans Court, advocating for the identification and assistance of veteran defendants to ensure they receive the services they deserve.

A recurrent theme was the strain on the courts due to resource constraints, particularly affecting court officers, leading to delays in hearings and trials despite judges’ readiness. The discussions highlighted a significant increase in case filings, with D’Emic noting a 23 percent rise in indictments and Espinal reporting a record high in misdemeanor cases pending in criminal court.

Despite these obstacles, efforts to manage the caseload effectively were evident, with strategic adjustments such as the reintroduction of the two TAP models to handle the influx and initiatives to expedite case processing. Moreover, the judges expressed a commitment to resolving longstanding cases, especially those involving incarcerated defendants, emphasizing the importance of efficiency and justice.

The meeting also touched upon the impact of the “Raise the Age” legislation, with Judge Walker providing an overview of its implementation in the Youth Part.

The “Raise the Age” law in New York State, enacted in April 2017, changes how the criminal justice system treats 16- and 17-year-olds, moving the majority of their cases to Family Court or the newly created Youth Part of the Supreme Court for more appropriate handling and potential diversion to support services. 

This law, implemented in phases starting October 2018 for 16-year-olds and October 2019 for 17-year-olds, aims to treat adolescents less like adults and more in line with their developmental stage, with a focus on rehabilitation rather than punishment. Under this legislation, the Youth Part handles arraignments and determinations for felony charges, with many cases being transferred to Family Court unless deemed necessary to remain in the Youth Part due to the nature of the charges.

“In the Youth Part, there were 2,567 appearances,” Justice Walker said. “The only part that had more appearances than me is the TAP Part, which makes sense because the TAP Part is everything else. No other part in the building really broke that amount. Every day I get new cases. Even though school is in session, the kids are out there getting arrested and the officers are bringing them in. It’s busy.”