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Spring 2017 - the Magistrate President’S Message Cont… 3 Counsel at Arraignment

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CREDIT CARD READERS No dedicated phone line Cases updated / closed with payment No court involvement with fee Accept all credit & debit cards also, Apple Pay / Android Pay Partial payments accepted One reader for all judges Print only one receipt No cost to the court The CourtRoom Program (585) 264-9240 Service Education, Inc. www.nyCourts.us 790 Canning Parkway, Suite 1 The Leader in Court Automation Victor, NY 14564 Since 1987 2. President’s Message PRESIDENT 4. Executive Committee Highlights HON . S HERRY R. D AVENPORT 5. Donald Ray “Dutch” Magill Obituary Town Justice, Summerhill 7. Tilney Tidbit #7 Coram Nobis ልሎ OFFICERS 8. Magistrates Face the Future - The Case For Local Justice In New York 10. Letter From Your President Hon. Sherry Davenport President Elect HON . D AVID S. G IDEON 12. NYSMA at NYC Town Justice, DeWitt 13. The Office of Justice Court Support is Pleased to Introduce Four New Faces Vice Presidents 14. Three Generations of a Judicial Family HON . M ICHAEL A. P ETUCCI Town Justice, Herkimer 15. About My County Association HON . J ONAH TRIEBWASSER 19. Connie Cutler Retires Town & Village Justice, Red Hook 20. An American Hero / Late Breaking News HON . K ARL E. M ANNE Town Justice, Herkimer 21. Advisory Committee On Judicial Ethics Treasurer 24. Article XIV: Amendment To Bylaws HON . J OHN P. T EIXEIRA 29. Decision and Order Town Justice, Niagara 39. Annual Conference Scholarship Executive Director 40. Quiz of the Month HON . T ANJA SIRAGO Town Justice, Cairo ልሎ DEUTERONOMY , C HAPTER 1 DIRECTORS And I charged your Judges at that time, Saying, HON . K ENNETH OHI JOHNSEN Hear the causes between your brethren, Town Justice, Day and judge righteously between every man and his brother, and the stranger that is with him. HON . D AVID A. M URANTE Town Justice, Ogden Ye shall not respect persons in judgement; but ye shall hear the small as well as the great; HON . T HOMAS J. S HEERAN ye shall not be afraid of the face of man; Town Justice, Lewiston for the judgement is God’s: and the cause that is too hard for you, HON . J OSEPH J. S PERBER bring it unto me, and I will hear it. Town Justice, East Williston HON . D AVID M. B ROCKWAY Town Justice, Horseheads SELECTED CANONS FROM THE CODE OF JUDICIAL CONDUCT HON . V ERA L. H USTEAD 100.5 A Judge or Candidate for Elective Judicial Office Shall Refrain From Inappropriate Town Justice, Ripley Political Activity HON . D AWN M. K EPPLER Town Justice, Shelby (2) contributing, directly or indirectly, money or other valuable consideration in amounts exceeding $500 in the aggregate during any calendar year to all political campaigns for political office, and other partisan HON . B ARBARA SEELBACH political activity including, but not; limited to, the purchasing of tickets to political functions, except Town Justice, Clinton that this $500 limitation shall not apply to an appointee’s contributions to his or her own campaign. HON . D ONALD BUTTENSCHON Where an appointee is a candidate for judicial office, reference also shall be made to appropriate sections of Town Justice, Marcy the Election Law; HON . J AMES S. E VANS Town Justice, Northumberland Published by The New York State Magistrates Association HON . R OGER FORANDO Town & Village Justice, Granville 163 Delaware Ave., Suite 108 • Delmar, NY 12054 Subscriptions $25.00 per year. HON . D AVID W. K OZYRA Reprints of past articles are available at $4.00 per article. Town Justice Marcy © Copyright 2017 New York State Magistrates Association, All Rights Reserved The views and conclusions expressed in articles herein are those of their authors and Immediate Past President do not necessarily reflect the opinions of the New York State Magistrates Association. HON . H AROLD J. B AUMAN Town Justice, Liberty Comments or opposing views are invited . Publication will be at the discretion of the editor. ልሎ In consideration of the acceptance of the advertisement, the advertiser must in respect EDITORIAL B OARD of the contents of the advertisement defend, indemnify and save the Publisher harmless Hon. Robert G. Bogle, Editor against any expense arising from claims or actions against the Publisher because of the Hon. David O. Fuller, Jr. publication of the contents of the advertisement. Hon. Jonah Triebwasser Hon. Edward G. Van Der Water SMA Members Call Your Association Toll Free: 1-800-669-6247 Hon. Tanja Sirago Fax: 518-439-1204 Hon. Allan Pohl Hon. Thomas Sheeran Email: [email protected] W EBSITE : www.nysma.net Hon. Richard M. Parker Cover Photo by: Hon. Marie Roller 2 PRESIDENT’S MESSAGE Hon. “Injustice anywhere as we start work on this process. It will not Sherry R. Davenport is a threat to justice be easy. There is no blueprint for a plan which everywhere” will work for all counties. It is not a top-down mandate. The plans have to be developed locally, on an individual county basis, taking into n a walk around account local county needs. the monuments in OWashington, D.C. Last month, members of the New York State recently, I was struck by Magistrates Association, the Office of Court this quote from a speech Administration, the New York State Bar Assocation, given by Dr. Martin Luther law enforcement agencies, and Indigent Legal King in 1963. It is carved Services representatives met in Albany. The into his memorial, and I think it has particular goal of that meeting was to begin a series of relevance to what we do: meetings of the state-wide stakeholders to start the process of addressing the concerns of each of “Injustice anywhere is a threat to justice those divergent interests. At the first meeting everywhere. We are caught in an inescapable some of the questions raised focused on: 1. network of mutuality, tied in a single garment operations and staffing; 2. detention and security; of destiny. Whatever affects one directly, affects and 3. jurisdiction and criminal procedure. all indirectly.” I would stress that we are very early in this I am sure that you are all familiar with the process. The legislation just went into effect phrase “the courts closest to the people.” That is on February 26, 2017. That was the first date exactly what town and village courts are. that plans could be submitted for review to As elected judges we are accountable to the Administrative Judges of your local districts. It communities in which we serve - and we take does not mean that plans have to be established the responsibility of providing justice to those on that date; there is no actual deadline. Everyone, people seriously. “Injustice anywhere is a threat at all levels, has questions about how this to justice everywhere.” will work. It is a long journey and we have just started. At the end of November 2016, Governor Cuomo signed into law a bill presented by the Office of It is important at this point to begin a dialogue Court Administration. The law amends Judiciary within your county organizations. Every county and other laws to permit the implementation of has different needs and will follow a different county wide plans for the provision of counsel path to achieve the goal. The good thing about at arraignment. It provides a means for counties this legislation is that there is room to fashion a to come up with individualized plans to plan that fits your community and stakeholders. facilitate that constitutional requirement. The law cleared some previous jurisdictional The other important thing to remember about impediments which will now allow rotating after this legislation is that you, as judges, are the hours arraignment courts. linchpin to making this work. The Office of Court Administration proposed this legislation This legislation provides a rare opportunity at the end of the legislative session last year for judges to be part of the process in the and the State Magistrates Association supported establishment of local county-wide off-hours it because it was the best hope for directly arraignment plans. I do share your frustration involving judges in the process of planning for Spring 2017 - The Magistrate President’s Message Cont… 3 counsel at arraignment. None of the previous amended to include “each court clerk in a town options even included our participation. As the or village court shall annually complete a training saying goes, it is better to be the at the table than or continuing education program approved by on the menu. It is going to be hard work, but the Chief Administrator of the Courts .” Both you are now, as judges, a required part of the the State Magistrates and the Court Clerks implementation of your local plan. Associations have been advocating for this mandatory training for several years. The A letter has recently been sent to each County implementation of this rule recognizes the Association President. In it I asked for feedback. value of continuing education for court I would like to hear each county’s concerns and clerks and underscores their integral role in the suggestions so that we can incorporate them into justice system. the discussion at our next state-wide meeting. The first meeting was held on very short notice I hope that we will continue to share the so we did not have the chance to reach out for network we have established. Let’s keep the your county’s input. This is an opportunity for lines of communication open, and keep in touch. your voices to be heard, so please discuss within your local organizations and let me know any As we go about our duties, remember the words questions or issues you would like to see brought of Dr.
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