This Article discusses the role of supervisory power in the judicial culture of New York. In order to place supervisory power in a context, Part II outlines the emergence and decline of supervisory power in the federal system. Part III then traces the origin of supervisory power in New York to Cardozo's dictum in Lemon. Part IV explains how supervisory power is an aspect of the much broader inherent judicial power, which finds expression in the familiar common law decision-making process. Part V discusses three principal areas in which supervisory power has been exercised by New York courts since Cardozo: formulating rules of discovery, regulating grand jury practice, and fashioning remedies for governmental misconduct. Finally, Part VI demonstrates that supervisory power is a legitimate exercise of judicial authority based on two distinct theories: as a sub-constitutional common law of justice and fair dealing, and as an integral part of the court's inherent common law power to formulate rules for the proper administration of justice.
Bennett L. Gershman, Supervisory Power of the New York Courts, 14 Pace L. Rev. 41 (1994), available at http://digitalcommons.pace.edu/lawfaculty/136/.