Havoc would have ensued had the Court of Appeals upheld challenges to the subject matter jurisdiction of the Integrated Domestic Violence (IDV) parts of the Supreme Courts over misdemeanors charged in an information, or the Bronx Criminal Division (BCD) of the Supreme Court, Bronx County, over cases commenced in New York City Criminal Court. Such a result could have invalidated vast numbers of convictions. In People v. Correa, the Court found both authority for the transfer of cases to the IDV and BCD, and jurisdiction of those parts over the cases on appeal. This month we discuss that decision, as well as the Court’s decision in City of New York v. Maul, which upheld certification of a class of developmentally disabled youngsters and young adults in the foster system in an action against city and state agencies, but left for another day the question of whether claims against governments for “systemic failure” are susceptible to class certification.
IDV Courts
In January 2004, then-Chief Judge Judith S. Kaye promulgated a Rule of the Chief Judge directing that a part be devoted to adjudicating in a single forum domestic violence cases in a Criminal, Family and/or Supreme Court involving the same persons. Up until that time, the parties and witnesses to incidences of domestic violence might have been required to appear in different courts separately addressing criminal, order of protection, child custody, and matrimonial matters arising out of the same events. The purposes of allowing multiple cases involving one family to be resolved in one court include relieving parties of burden and cost, giving family members better access to services, increasing judicial efficiency, and avoiding inconsistent results.
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