State v. Davis
New York Court of Appeals
13 N.Y.3d 17 (2009)
Wayne Davis (defendant) was found in a Brooklyn park after its posted closing time, a Class B misdemeanor under a city Parks Department rule punishable by up to ninety days in jail and a $1,000 fine. After pleading not guilty, Davis consented to have his case heard by a judicial hearing officer (JHO), a retired judge authorized by state law to try Class B misdemeanors, with the same powers and appeal rights as a Criminal Court judge, but only when both parties agree. A JHO convicted Davis, and after his sentence was reduced to time served, Davis appealed, arguing the statute authorizing JHOs violated the New York Constitution's provisions establishing the Criminal Court and its judges.
Whether a statute permitting minor offenses to be tried by judicial hearing officers, with the consent of both parties, violates the New York Constitution.