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Q&A

Chair Brooks-Powers asks how OCA changes judicial behavior on case processing

New York City Council · Jun 25, 2026 · starts 0:35:02 · 1 min 39 sec

Brooks-Powers asks how OCA works to change judge behavior given judicial independence. Zayas describes strongly encouraging proactive case management, hiring law clerks for discovery dispute conferences, and devoting resources to resolve issues.

Selvena N. Brooks-Powers

Given that judges are independent actors, how is OCA working to change behavior in case processing?

Judge Joseph A. Zayas

So, yeah, so we are strongly encouraging our judges to be more proactive in resolving discovery disputes.

Judge Joseph A. Zayas

So what was happening early on was, you know, we had these old cases, and then we had this whole sort of middle

Judge Joseph A. Zayas

area of cases, bucket of cases, that were getting bottled up with discovery disputes, and motions were being filed, and it took, you know, many, many, many months.

Judge Joseph A. Zayas

It was causing all sorts of delay.

Judge Joseph A. Zayas

So that was the reason that we began the scheduling order initiative, was to deal with that big bucket of cases, which we were trying to prevent.

Judge Joseph A. Zayas

From those cases becoming the really old cases.

Judge Joseph A. Zayas

And so we hired additional law clerks in each of the counties to meet off calendar with the lawyers on resolving these discovery disputes.

Judge Joseph A. Zayas

And there's a discovery dispute in almost every case.

Judge Joseph A. Zayas

So the lawyers have an independent obligation to meet together.

Judge Joseph A. Zayas

And try to resolve the dispute among themselves.

Judge Joseph A. Zayas

And sometimes that happens, but sometimes we need to.

Judge Joseph A. Zayas

So we've devoted a lot of resources.

Judge Joseph A. Zayas

to get those issues resolved.

Selvena N. Brooks-Powers

Thank you for that, Judge.