After a remarkably successful legislative session this year, the New York State Bar Association is seeking to put its weight behind another set of priorities before the Legislature next year, from changing New York's laws on parole to a major overhaul of the state's court system. 

Some of those priorities are evergreen issues for the State Bar Association, but the Legislature appears to be closer than ever to addressing a handful of long-sought goals of the group.

Chief among them is a plan to consolidate the state's 11 different trial courts—the lowest tier—into just three venues. The idea has been kicked around for decades, but a plan formally proposed by Chief Judge Janet DiFiore this year could finally see movement. 

Hank Greenberg, the current president of the State Bar Association and a shareholder at Greenberg Traurig, said he's hopeful lawmakers will act on the proposal next year.

"We're very hopeful that first passage is achievable this legislative session," Greenberg said.

While the proposal would restructure the state's judiciary, the change would have to be made by the Legislature. And it's not as simple as passing a bill—it would require an amendment to the state constitution.

That means the Legislature would have to approve it once, and then again after the next class of lawmakers takes office in 2021. The proposal is then sent to voters for approval.

It's an arduous process, but Greenberg said it would be worth it. Consolidating the state's current trial court system would save individuals countless hours—and the consequent cost—by preventing litigation from spanning across multiple venues.

Individuals would no longer have to pursue legal action in multiple courts for complicated matters, like domestic violence cases that can stretch between criminal court and family court, for example. The plan would provide more of a one-stop shop model. 

Lawmakers held two hearings on DiFiore's proposal in November, during which various trade groups for the state's judges voiced concerns about the plan. Greenberg predicted there could be changes to the proposal, but called for lawmakers to move on it next year.

"The current system is not defensible," Greenberg said. "Even at the hearings, you didn't hear anyone justify the current system. All they could do is critique the proposed solutions."

Observers have predicted that DiFiore's plan has a better chance than previous proposals of being approved by the Legislature since Democrats, this year, took control of both chambers for the first time in nearly a decade and have collaborated on a host of other controversial issues.

If lawmakers approve DiFiore's plan next year, it would also have to pass the next sitting Legislature, which will be elected in November. After that, it would go to voters. The earliest it could appear on the ballot, if all that happens, would be in 2021. 

Many of the State Bar Association's other priorities could be approved by lawmakers and enacted sometime next year. Some of those issues are new, others are old.

The State Bar Association plans to make a strong push for Gov. Andrew Cuomo and the state Legislature to enact changes to New York's law on parole, for example. Greenberg said it could be an opportunity for lawmakers to build on this year's sweeping criminal justice reforms.

"I'm really optimistic," Greenberg said. "The Legislature did a lot of important work last session on bail reform and discovery reform, so hopefully this session they can tackle parole."

The State Bar Association, in June, convened a special task force of attorneys, judges and other stakeholders to review the state's current laws on parole and develop legislative recommendations for how the system could be improved.

Five months later, the task force issued a report that recommended, essentially, removing many of the technical violations that often allow for parolees to be reincarcerated. Those are violations that don't include a crime, like missing a curfew, but could still land someone back in prison.

There's legislation currently on the table that would remove the option for judges to detain parolees for most technical violations, but it failed to pass earlier this year. 

The task force had also recommended allowing parolees to remain out of detention while their alleged technical violation is being adjudicated, and increasing the number of commissioners on the Board of Parole to 30 from the current 19.

Greenberg stressed that changing the state's parole system would be intended to benefit individuals affected by the current statute. But the association's proposed changes could also benefit the state's bottom line, he said.

That may be particularly enticing next year for Cuomo and the Legislature, who are facing a $6.1 billion budget deficit related to Medicaid costs. The state could save $359 million by preventing technical violations from triggering reincarceration, the task force found.

"So, perhaps the stars are in alignment," Greenberg said. "It's unfortunate that we have such a huge deficit to fill."

The State Bar Association also plans to push a series of attorney-focused reforms, including a long-sought change to the statutory power of attorney and legislation that would provide legal counsel for immigrants facing deportation.

Greenberg said the Legislature came close, earlier this year, to enacting a proposal that would simplify the current process for designating power of attorney. It passed the Assembly, but the Legislature gaveled out for the year before the Senate could act on it, he said.

The proposal would essentially simplify the current form for designating power of attorney, and prevent situations where that power is rejected for minor errors. That would be helpful for both the attorneys involved and those designating that power, Greenberg said.

"The comfort and peace of mind it gives them to know they can delegate important decision-making is very valuable," Greenberg said.

The State Bar Association also wants immigrants facing deportation to feel more secure about their ability to secure an attorney. A proposal first pushed by the organization in June would provide a statutory right to legal counsel for those immigrants in New York.

If enacted, New York would become the first state in the country to provide such a right for immigrants. 

"The success rate in these kinds of proceedings for people represented by counsel are astronomically higher than people who aren't represented," Greenberg said.

They're also planning to ask lawmakers, once again, to raise the rate of pay for attorneys assigned by the state to represent indigent defendants when a public defender has a conflict of interest or isn't available. Those rates have been the same since 2004.

It's unclear if such an increase will be feasible next year, given the state's budget deficit, but Greenberg said they're planning to seek it anyway.

"The current rates are absurd," Greenberg said. "The amount we pay attorneys who are assigned counsel through 18-b is an expression of our commitment to providing effective counsel."

The next legislative session is scheduled to begin Jan. 8, 2020.

READ MORE: