Commission: Cut number of municipal courts

By The Associated Press

Wednesday, September 17, 2008 10:30 PM EDT

ALBANY - A special commission studying New York's court system said Wednesday that lawmakers should reduce the number of local justice courts from the current 1,250 statewide and increase requirements for becoming a town or village justice.
The commission said the array of courts has grown over two centuries without a rational assessment of state or local needs, imposing unnecessary costs on taxpayers. And the inefficiency of requiring prosecutors, deputies and troopers to go to various courts “results in a reduced quality of justice,” said attorney Kerry Dunne, who chairs the commission.

“There's an enormous amount of duplication and redundancy in many areas of the state,” Dunne said.

The commission proposed county review panels to decide with state oversight whether local courts should be combined, estimating that could lead eventually to a reduction of 27 to 44 percent. Towns and villages would decide whether they need each of their justice positions.

The panel of 31 lawyers, judges, academics and others was appointed in 2006 by state Chief Judge Judith Kaye and visited 100 town and village courts, some in each of New York's 12 judicial districts.

The commission also recommended giving all litigants and defendants the option of having a judge who is trained as a lawyer. That would require a new state law.

The commission concluded that the more than 2,100 town and village justices, including those who are not lawyers, are “adequately dispensing justice” in more than two million cases annually while collecting more than $210 million in fines and fees.

However, they urged more training, as well as a requirement all justices must be at least 25 years old and have at least a two-year degree from an accredited college. Incumbents would be exempt from the new requirements. The commission said there must be minimum standards for court facilities to ensure all are safe and fit for judicial proceedings, noting many had no security or screening whatsoever.

The local courts hear traffic, various misdemeanor criminal cases and small claims and handle arraignments of felony defendants. Dunne said some convene in highway barns and garages. They are funded locally.

Administrative efforts to improve town and village courts over the past two years through grants and training have resulted in widespread automation, with 1,715 laptops and 1,457 desktop computers provided while bringing justices and their staffs into a state judiciary e-mail system. Kaye issued a new rule to require recording all proceedings. Supervising judges were appointed in 2007.

“The courts are in much better shape than they were two years ago,” said Chief Administrative Judge Ann Pfau.

Kaye said the commission's proposed new courtroom standards and training requirements can be implemented administratively. The Office of Court Administration estimated the cost of improvements at more than $112 million if no courts are combined.

While acknowledging parochialism and resistance to the other changes that require legislative action, Dunne said the case for saving money and improving justice is compelling.

Mark Farrell, an Amherst town justice and president of the New York State Magistrates Association, said they support raising minimum standards and the help and improvements of the past two years. “Certainly one of the fundamental problems has been funding,” he said.

But the local justices oppose mandatory consolidation, Farrell said, noting municipalities already have a mechanism for doing it. They also oppose as unnecessary changing the law so everyone can “opt out” of having their cases heard by a justice who isn't a lawyer, he said.

The commission reviewed judicial complaints and found non-attorney justices were sanctioned no more often than justices who are lawyers, fewer than 10 annually, Dunne said.

The Citizens' Say

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Farmer's Gal wrote on Sep 18, 2008 8:29 AM:

" Since a lot of these little municiple courts are corrupt, that'd probably be a fine idea. Any who hasn't experienced it first hand (as I have more than once) should check out the excellent lengthy investigative report in the New York Times from 25 September 2006: "In Tiny Courts of New York, Abuses of Law and Power" (Section A; Column 5; National Desk; Pg. 1 of the late edition for that date).

Local judges need only be elected -- they need have no education, experience or certification of any sort. They are not reviewed much and the abuses described in this article would be unbelievable if I had not seen similar with my own eyes and ears. People have been imprisoned by local judges who had no authority much less right to imprison them. Battered women have been told by the judge to get over it, because women "need a good beating now and then." Racial persecution has been perpetrated. All kinds of terrible injustices happen in these little courts. Sure, some are good folks doing the best they can, but others take the power they are given and do what they like, legal or not.

It's scary, because it could be you.

Maybe if they investigated more, there would be more sanctions. I wouldn't take the number of sanctions as proof of anything. "

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