New York’s Chief Judge Seeks New System for Juvenile Defendants - NYTimes.com

New York’s Chief Judge Seeks New System for Juvenile Defendants - NYTimes.com

"New York State has long dealt with 16- and 17-year-old defendants more severely than almost every other state, trying all of them as adults in criminal courts. Now, New York’s chief judge is calling for a less punitive approach that would focus on finding ways to rehabilitate them.

The judge, Jonathan Lippman, is proposing that the state transfer jurisdiction for 16- and 17-year-olds accused of less serious crimes to family courts, which have more social services, while continuing to prosecute the most violent juveniles as adults. The plan reflects an emerging consensus in many states that troubled teenagers have been mishandled by the adult court system.

If the state adopts the plan, it will most likely have to allocate more money for social services and for the court system, which is already financially overburdened. The change would require a reorganization of the network of city and state agencies in the criminal justice system. The roles of judges, prosecutors, correction and probation officers and many others would change.

“I think it’s complex but feasible,” said Edwina G. Richardson-Mendelson, the administrative judge for New York City Family Court, which would have to handle tens of thousands more cases each year under the plan.

Judge Lippman’s proposal would have to be approved by Gov. Andrew M. Cuomo and the State Legislature. The Republican majority in the State Senate has often favored more stringent criminal justice measures, and may be reluctant to approve it.

A spokesman for Mr. Cuomo did not immediately respond to requests for comment. A spokesman for the Senate majority leader, Dean G. Skelos of Long Island, said his office would review the proposal.

The Democratic majority in the Assembly has historically supported such measures.

New York and North Carolina are the only states that try all 16-year-olds as adults. This year, North Carolina lawmakers introduced legislation to move those cases to juvenile court. Several other states have made similar moves in recent years.

In a speech that Judge Lippman is scheduled to give on Wednesday to the Citizens Crime Commission of New York City, he is to push for the state’s sentencing commission to draft a bill to be introduced in the State Legislature at the beginning of the 2012 session in January."