Motions and decisions in criminal courts
| Submitted | June 9, 2023 |
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Communications
From: Oded
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records, including records held in databases, that contain or are sufficient to show the following information:
1. Appearances data. For each year from 2010 through 2022: The total number of criminal cases that were scheduled for motion practice, “response and decision”, or “decision” appearances.
2. Motions data. For each year from 2010 through 2022: The total number of written motions filed electronically or in paper copy in all criminal cases.
3. Pending and indicted cases data. For each year from 2010 through 2022:
The total number of felony cases that were indicted.
The total number of felony cases that were indicted and pending for 180 or more days from initial criminal court arraignment, to disposition or to the present time (i.e. not yet disposed when you process this request and already pending for 180+ days).
The total number of misdemeanor cases that were pending for 180 or more days from initial criminal court arraignment, to disposition or to the present time (i.e. not yet disposed when you process this request and already pending for 180+ days).
4. Decisions data. For each year from 2010 through 2022: The total number of decisions issued (i.e. written/put in writing) in all criminal cases, encompassing published as well as unpublished decisions.
5. Caseloads data. For each year from 2010 through 2022:
The number of judges who regularly presided over criminal cases.
The average number of criminal cases (misdemeanors and felonies) overseen by judges who regularly presided over criminal cases.
Clarification of terms used in this request:
- The reference to a judge who “regularly presided over criminal cases” means any judge that, in a given year, spent the entire 12 months assigned to NYC Criminal Court, Supreme Court - Criminal Term, or any equivalent non-NYC courts. If the judge sat in a court that oversees both criminal and civil cases, please include them as regularly presiding over criminal cases.
- By “decision”, this request intends any written decision deciding a legal and substantive matter, including omnibus decisions, published or unpublished.
This request asks for information related to criminal cases from all counties and courts in New York State.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Oded
From: New York State Office of Court Administration
The Office of Court Administration acknowledges receipt of your FOIL request dated 6/9/23, seeking:
1. Appearances data. For each year from 2010 through 2022: The total number of criminal cases that were scheduled for motion practice, “response and decision”, or “decision” appearances.
2. Motions data. For each year from 2010 through 2022: The total number of written motions filed electronically or in paper copy in all criminal cases.
3. Pending and indicted cases data. For each year from 2010 through 2022:
The total number of felony cases that were indicted.
The total number of felony cases that were indicted and pending for 180 or more days from initial criminal court arraignment, to disposition or to the present time (i.e. not yet disposed when you process this request and already pending for 180+ days).
The total number of misdemeanor cases that were pending for 180 or more days from initial criminal court arraignment, to disposition or to the present time (i.e. not yet disposed when you process this request and already pending for 180+ days).
4. Decisions data. For each year from 2010 through 2022: The total number of decisions issued (i.e. written/put in writing) in all criminal cases, encompassing published as well as unpublished decisions.
5. Caseloads data. For each year from 2010 through 2022:
The number of judges who regularly presided over criminal cases.
The average number of criminal cases (misdemeanors and felonies) overseen by judges who regularly presided over criminal cases.
In response to your first and second requests, the Office of Court Administration does not maintain any records containing your requested data. An agency is not required to create a record in response to a request, for the Freedom of Information Law pertains to existing records [see Freedom of Information Law, §89(3)]. Therefore your request is denied.
In response to your fourth and fifth request, the Office of Court Administration has conducted a diligent search of available records and has not located any records responsive to your request.
In response to your third request, we may have some responsive data in existing records. Are you still interested in obtaining it without the other information?
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing:
Nancy J. Barry, Chief of Operations
FOIL Appeals Officer
25 Beaver Street, 11th Floor
New York, NY 10004
Or, you may submit such appeal by email to: FOILappeal@nycourts.gov<mailto:FOILappeal@nycourts.gov>
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~WRD3063
From: Oded
Hello and thank you for your response.
To answer your question: Yes, I would like to obtain the responsive materials for my third request.
Sincerely,
Oded
From: New York State Office of Court Administration
We have begun to process that part of your request and we will provide you with a status update on or before August 1, 2023.
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~WRD0003
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 9, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Office of Court Administration
Please be advised that we require additional time to complete our response to your FOIL. We will provide you with a status update on or before August 29, 2023, if we have not completed our response by then.
Thank you for your courtesy in this matter.
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From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 9, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Office of Court Administration
This e-mail responds to your correspondence dated June 26, 2023 which pursuant to FOIL, requested:
3. Pending and indicted cases data. For each year from 2010 through 2022:
The total number of felony cases that were indicted.
The total number of felony cases that were indicted and pending for 180 or more days from initial criminal court arraignment, to disposition or to the present time (i.e. not yet disposed when you process this request and already pending for 180+ days).
The total number of misdemeanor cases that were pending for 180 or more days from initial criminal court arraignment, to disposition or to the present time (i.e. not yet disposed when you process this request and already pending for 180+ days).
Attached please find records responsive to your request.
No records responsive to your request are withheld or redacted pursuant to any provision of FOIL, and your request is now considered closed.
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