It is most important that honest, sympathetic men should preside over these lower courts, for in them are tried the small offenses which may be due to ignorance of law, and a large number of people come in contact with government in no other way.
Most arrests are for minor offenses such as drunkenness, disorderly conduct, etc. They are tried here, and many of them bring first offenders into court, where the treatment received by the person accused may determine whether he will become a habitual offender or whether he will be set straight. Many foreigners come into these courts, and receive in them their first impression of justice as administered in this country. Oftentimes the offense is committed through ignorance or stupidity. A kind word or a helping hand may make all the difference between a future good citizen or a crook. In these courts, as in the justices courts of the town or village, there is great need of a careful choice of magistrates.
County Courts: In every county except New York there is a county court presided over by the elected county judge. In these county courts may be tried civil suits in which the sum involved is not over $2,000 and all crimes except those punishable by death. They also hear appeals from the justices’ courts. The county courts in Queens, Bronx, Richmond, Kings, Ulster, and Albany counties may try cases involving the death penalty.
Surrogates’ Courts: In each county there is a surrogate court, held by a judge called “the Surrogate,” who is elected by the voters of the county for a term of six years (except in the county of New York). In this court wills are probated, the estates of persons deceased are settled, and guardians for minors and executors or administrators for estates of decedents are appointed. It is evident that a county surrogate should be a man of strictest probity as well as good business sense.
Court of Claims: Any one who has a claim against the State may take it to the Court of Claims, which consists of three judges appointed by the governor with the approval of the Senate. Appeals from its decisions may be taken to the Appellate Division of the Supreme Court.
The Supreme Court: Above the county courts are the Supreme Courts, which, however, are not really supreme, as their decisions are subject to review, and may be reversed upon appeal by the Appellate Division or the Court of Appeals. The Supreme Courts may try any civil or criminal cases, including prosecutions for murder. There are more than one hundred Supreme Court justices in the State, elected by the voters of the various districts, and the entire State is divided into nine judicial districts, in which certain of these Supreme Court justices sit. In every county, at a certain time, a Supreme Court justice holds a trial court, where both civil and criminal cases are heard before a trial jury. He also holds a special term, where he hears and decides motions and civil cases in which no jury trial is required.
Appellate Divisions of the Supreme Court: As judges are human and may make mistakes, the law provides a right of appeal from the court in which a case is tried. The whole State is divided into four judicial departments, in each of which there is an Appellate Division of the Supreme Court. From the Supreme Court justices the governor chooses the justices for the Appellate Divisions. These Appellate Divisions hear appeals from decisions of the county courts and of the Supreme Courts, and they may sit wherever the public interest demands. They do not try cases originally, but only hear appeals.
The Court of Appeals is composed of a chief judge and nine associate judges, but only seven judges sit at one time. This court is the State court of last resort, and it may reverse a decision of an Appellate Division of the Supreme Court. In most cases no appeal lies to the Court of Appeals from a decision of a question of fact by a lower court, but only questions of law can be reviewed; but in criminal cases where the sentence is death the entire case may be reviewed.
Courts of Record are those courts that have an official seal and keep an official record of all proceedings. The Surrogate’s Court, the County Court, the Supreme Court and its appellate divisions, and the Court of Appeals are courts of record. Justices’ Courts and Magistrates’ Courts are not courts of record.
Federal Courts: The jurisdiction of the United States or Federal courts extends to all cases in law and equity arising under the Constitution and laws of the United States, to all cases affecting ambassadors and other public ministers and consuls, to admiralty and maritime cases, and to controversies between States or between citizens of different States. Federal courts are organized in a similar way to State courts.