Buffalo Children's Court, the origin of Family Court
as we know it, was born through the efforts of public-minded citizens.
These citizens saw a need to move away from the harsh and often cruel
punishment of youthful offenders, and toward the more proactive approach
of rehabilitation.
In February of 1900 the first action was taken by
one group of citizens. The Charity Organization of Buffalo, New York organized
a committee of probation officers. They used their connection to a police
justice named Thomas Murphy to try children's cases separate from adult
offenders. Just over one year later, in 1901, Judge Murphy opened the
first children's Court in a room of the County Agency for Destitute Children.
The Court served as a model for similar courts throughout New York State.
It operated as a branch of Buffalo City Court and included its own probation
department initially consisting of volunteer officers.
Not long after, a Domestic Relations Court was established.
It also operated as a branch of Buffalo City Court, and was the first
of its kind in the world when Judge Simon A. Nash originated it in 1909.
Judge Nash was concerned with the public's interest in viewing marital
hearings, the details of which were often considered scandalous. He initiated
the idea of setting aside a specific part of the court for private hearings,
free from intrusion by the public and press.
In 1912, a new Children's Court was established.
While the Children's and Domestic Relations Courts discussed above were
branches of City Court, this new court was completely separate. The first
judge to preside over the court was Judge George E. Judge. As was set
forth in Judge Judge's first annual report of March 12, 1913, the Children's
Court, in compliance with the Children's Court Act, was divided into two
parts, one for the trial of adults and the other for the trial of children.
Keeping in mind the ultimate purpose of separating children from adult
criminal offenders, the two parts were held in separate buildings.
In 1926 a new County Court was established. Prior
to the establishment of this court, children's cases from other parts
of Erie County were handled by peace justices. Children's Court was still
in existence at the time and the activities of the two courts overlapped.
The Buffalo Council of Social Agencies recognized the need to combine
the courts and pushed for passage of legislation to do just that. They
were successful. In 1931, state legislation was passed and one court was
created with jurisdiction over all children 16 years old and younger throughout
Erie County and Buffalo. On April 1, 1931, Governor Roosevelt signed the
three bills which established the structure of the new County Children's
Court and abolished the existing City Children's Court.
The bills bore the name of Buffalo Republican, Senator
William J. Hickery. Assemblyman William L. Marcy, Jr. of Buffalo presented
the lower house companion measures. Appeals for the approval of the "Hickey-Marcy
program" came from a variety of groups throughout the county, including
social welfare, children's aid, and religious and civic organizations.
The program became effective at the expiration of Judge's term. The 19th
annual report of the City Children's Court, dated April 30, 1932, was
Judge's final report. He was not eligible to pursue the office of County
Children's Court Judge because he was not an attorney.
The new Children's Court judges were elected for
six year terms. The first to be elected was a woman named Cecil B. Weiner.
During her term, much was said about her belief in "private home detention"
for those children who would be helped by detention. At this time, Buffalo
was the only city which exclusively used private homes for the detention
of children held in connection with Children's Court cases.
In one of her annual reports dated February 23, 1934
Judge Weiner discussed the overcrowded conditions of the Court. The Court
was located in a small section of the third floor of the County Office
Building on West Eagle Street. The Judge reported that 1,346 cases were
handled during 1933. Judge Weiner was in office for one term. She lost
the 1937 election to the Honorable Victor B. Wylegala.
Judge Wylegala was elected for four consecutive terms
of office and served from 1938 until his death in 1959. It was said that
under his leadership Children's Court adhered strictly to legal norms
and achieved a balance between social and judicial functions.
Judge Leon W. Paxon was elected to office in 1956,
and Judge Raymond R. Niemer was elected in 1959. They were elected to
the office of Children's Court Judge. Their terms of office overlapped
with the termination of Children's Court and the establishment of Erie
County Family Court which opened on September 1, 1962 as part of a unified
court stem for the state (Family Court Act Sect. 113).
The Act which established the state-wide Family Court
was promulgated by laws 1962, chapter 686. Chapter 686 was one of twenty-two
court reorganizations measures enacted by the 1962 Legislature. The legislation
was drawn by the Joint Legislative Committee on Court Reorganization under
the committee's chairman, Senator Daniel G. Albert, and signed by Governor
Rockefeller on April 24, 1962. The Family Court Act established a new
court in each county to implement Article 6 of the State Constitution.
The new Family Court Act eliminated the former system,
which revolved around specialized courts, withing the counties, sharing
jurisdiction, and created unified jurisdiction over proceedings concerning
juvenile delinquency, support, paternity, termination of parental rights,
persons in need of supervision, family offenses and child protection.
Actions for separation, divorce or annulment, however, were constitutionally
reserved to the Supreme Court.
The first election, for two Erie County Family Court
Justices, took place in 1962. Judge Taggart and Judge Carroll ran for
office against John Dittman, Ruth D. Vogel and Leon Paxon. Both Judge
Taggart and Judge Carroll were sworn into office for ten year terms. On
September 13, 1962, they decided their first juvenile delinquency case
in office. It was the first time a law guardian had ever been appointed,
pursuant to the new law.
It is evident that the judges were challenged with
busy caseloads during the opening days of Family Court. Frank J. Boccio
was the first, and continues today as the only Chief Clerk of Family Court.
In an article from the Buffalo Evening News dated September 4, 1962, he
stated that the volume of cases facing Family Court on those first days
was nearly three time the usual load handled by the old Children's Court.
The purpose of creating a Family Court in each county
throughout the state was to established a "special agency for the care
and protection of the young and preservation of the family' in each county
(FAMILY COURT ACT 1962 McKinney Session Laws 3420). Erie County Family
Court has benefited from the dedicated efforts of the judges listed below,
all of whom have joined in the commitment of furthering that purpose.
Approximately four decades ago the first Judges were sworn into office,
and a century has nearly passed since social minded groups struggled to
establish the first Children's Court in Buffalo. Today Erie County Family
Court is served by six Judges, seven Support Magistrates, and one Judicial
Hearing Officer who heard over 32,000 cases requiring 80,000 court
hearings in 1997. Today Family Court still struggles, amidst increasing
caseloads and limited resources to achieve the same goal of serving as
a forum for children and families in crisis
We in Family Court look forward to many more years
of service to the Children and Families of Erie County.
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