I just appeared in District Nassau, and I was just reminded that there actually is a degree of professionalism left in no-fault practice. You actually feel like an attorney when you are there. They put the proceedings on the record, you announce your appearance, you engage in a brief colloquy and then your business is taken care of.
I felt like I was on one of my commercial or criminal cases for once.
Motions are taken on submissions so papers are actually read. Adjournments can be done on consent. Final trials are placed in a “red book” so you know they are serious about them going on that day. The true “IAS” system is adhered to because the intake judge is the eventual trial judge, unless another judge takes over that part.
It is just a method of practice that I find quite decent. Compare that with the the New York City venues. I suspect this type of practice takes place in the outlying lower courts of record.
There is none of this “Central Compliance”; “TAP” part; or “Special Term”. The true meaning of IAS is adhered to in this Court. If anyone from OCA reads this, kudos to the Nassau County District Court system.
Any thoughts?
6 Responses
Well said JT, this is echoes what I’ve been saying for years. Appearing in Hempstead is literally the only thing I miss about the no-fault practice.
JT, although you liked the procedure, don’t forget that in District Court Nassau County you have to sit through all the debtot creditor cases, some of the clerks are nasty and in my opinion the Court takes itself way too seriously. Joe don’t forget you knew everybody in District Court, Nassau. I often go to Civil Court, Bronx County and find both the clerks and judges very friendly and accomodating. Many of the judges and clerk even know my name. I have not found the same thing in District Court, Nassau County.
I just have this thing about “special term” and “central compliance” parts that upsets me. The purpose of IAS and DCM is to keep a case with one judge from the beginning to the end. I actually enjoy the debtor creditor cases, especially when I represent the debtor and the creditor cannot prove that they received an assignment of the debt…
What would you say is comparable in no fault to “…the creditor cannot prove that they received an assignment of the debt”?
Top Ten Reasons Why Hempstead District is Better Than NYC Civil:
10. It takes less than half a day to get there.
9. You can park your car at a meter for $1 an hour, instead of spending more on parking than on lunch.
8. Elevators do not resemble the lifeboat scene from “Titanic.”
7. There is no need or advantage to attend first call.
6. Court officers do not treat no-fault attorneys like Abu Ghraib detainees.
5. Attorneys never have to ask “are there any judges today?”
4. Stairwells do not resemble those in the office building in 1974 movie “Earthquake.”
3. Judges do not write their decisions during presentation of defendant’s case.
2. Judges do not announce from the bench, “I don’t care what the Appellate Term says.”
1. Mandatory Arb and Trial De Novo!
Mitch, very true, a big part of my affection for that little building in Hempstead stems from the fact that I knew, literally, everyone there. However, my true appreciation for the place didn’t really arise until my old firm started picking up work that was filed in the boroughs. Any lawyer appearing on one of the civil calendars in Nassau District is at the very least guaranteed that a Judge will hear his voice, and his arguments if need be. The City venues can’t make that boast. Jay nailed it when he said you actually feel like an attorney when you appear there.
I get that volume is a large part of why no-fault is treated the way it is in Kings, Queens and the Bronx, but I don’t know, I still found it all very off-putting. As far as “having” to sit through the debtor creditor cases, like JT, I always enjoyed it; especially when the creditors couldn’t prove their case.
(but yeah, admittedly, I was “home” there, so take anything I have to say with a grain of salt)