THE DOCKET NYS Assn. Magistrates Court Clerks, Inc. PO Box 161 Chittenango, NY 13037
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Annie Raskoskie, President Office: 845.382.1737 Welcome to the Docket [email protected] DOCKET PAST-PRESIDENTS Jane Curtiss, 1st Vice Pres. (IN CHRONOLOGICAL ORDER) Office: 518.899.6797 Mary Waibel, Editor-in-Chief Gillian Koerner [email protected] Office: 607.748.1514 ext. 322 [email protected] Julie Gansle Dawn Marie Klingner, 2nd Vice Pres. Office: 845.373.8434 Stephanie Timm-Austen, Co-Editor Velma Richardson [email protected] Office: 914.769.2027 Judy Bromley [email protected] Jacqueline Ricciardi, 3rd Vice Pres. Maryann Baake Office: 914.670.3011 Linda McCartney [email protected] The advertisements contained within this publication do not reflect the opinion or Margaret Palmer Kim Howard, Secretary endorsement of the New York State Association Mary M. Shufelt Office: 315.687.3347 of Magistrates Court Clerks, Inc. Terri D. Bolt [email protected] The Docket is a publication of the: New York Richard Szarowicz Terri Rider, Treasurer Association of Magistrates Court Clerks, Inc. Office: 585.243.3782 NYSAMCC members will receive The Docket Sharon Wilder * [email protected] as part of their membership. Lynette Lemcke
Joyce Mahoney *
Barbara Rinaldo * DIRECTORS Next Issue Deadline is Barbara Hodom (LISTED ALPHABETICALLY) May 1, 2020 Arnold Bronstorph * Marie Barbera Office: 518.279.3491 ext. 119 Please send inquiries and Bonnie Reed [email protected] information to Mary Waibel Sybil Kennedy at [email protected] Wendy Bates Evelyn Sivecz * Office: 315.834.8634 * posthumously [email protected] Heather Blume Office: 845.691.7544 ext. 101 [email protected] The Docket is available for Lorraine Buchal members to download and view at Office: 518.664.6946 www.nysamcc.com. For more [email protected] detailed contact information, visit: www.nysamcc.com/contacts Denise Cookingham Office: 914.381.7875 [email protected] Cover photo: Stephanie Timm-Austen Marie Falzone Office: 716.662.6415 ext. 4104 [email protected] TABLE OF CONTENTS Regina Hill A Message from the President ...... 2 Ethics Corner ...... 18 Office: 914.939.8220 [email protected] A Note from the Editor ...... 3 Clerk Chatter...... 19-22, 27-31 Kimberly Stahley 3rd Vice President Report ...... 3 Photos ...... 23-26 Office: 716.326.6135 Executive Board of Directors ...... 4 Awards ...... 33-35 [email protected] Annual Fall Conference ...... 5 District News ...... 38-45 New Association Store ...... 6 District and County Articles ...... 7-17 Representatives ...... 46-48
The Docket • Winter/Spring 2020 1 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com A Message from the President
As I enter the second year of my term the curriculum ensuring that it is as President, I find myself reflecting presented in a consistent format. It on how far this Association has come has been a successful educational in its 39 years. It began with a small year, and I know this momentum will group of dedicated Court Clerks with continue. So, thank you to all who the wisdom to know how important made this happen. education would be for all Court Clerks. Over the years so much The NYSAMCC has been working on has changed, much having to do other important items as well that are so many changes on the horizon for with technology. The computerized just as exciting. This is the first year Justice Courts, any way we can assist generation hit us just after I became of our new website, which has been each other is imperative to the future a Court Clerk. We went from hand long overdue. As we progress, this of both Associations. Keeping our written monthly reports, docket website will be offering so much more County Associations active is another books for recording, mailing vehicle to our members. So, stay connected great value to Court Clerks and and traffic ticket dispositions and as a Member to take full advantage of Judges to focus on topics specific to scoff’s to TSLED, etc. Since I am, as our website and what it will offer. their area. As we know, each county has a different approach to certain they say, from “the old school”, this The Association also contracted with Court responsibilities. Having local was a learning curve for me. Without a new store vendor, Bear Essentials. trainings brings everyone together on the educational trainings I attended I am proud to say the owner is a topics that are changing and keeps all over the years, I am pretty sure I Veteran of the Armed Forces and aware of new procedures. would not have been able to do this dedicated to making the NYSAMCC job. To this day, I always say, “I learn Store the best it can be. I am sure something new every day”. Best Regards, our Members will enjoy surfing his Annie Raskoskie As the first year of mandatory training website and being able to purchase President for Court Clerks comes to an end, we merchandise all year long, not just at can proudly say it was a great success. Conference. The three live trainings were widely The NYSAMCC and the State received by Court Clerks from all over Magistrates Association continue New York State, as well as the online to work together. I have attended MYCCE, which affords Court Clerks the SMA board meetings, and who were unable to attend a live the Honorable Gary Graber, Past training to complete their mandatory President and the Liaison to the credits. Our founders fought hard Court Clerks, has attended ours. for many years for mandatory Keeping each group aware of the training, they must be so proud of issues we face as Court employees the accomplishments the NYSAMCC is important and helps Court Clerks have made. The Office of Justice and Judges be more aware of each Court Support, the NYSAMCC, and other’s responsibilities. There are so many others worked together on
REMINDER! SEND ALL CORRESPONDENCE TO: NYSAMCC, Inc. • PO Box 161 • Chittenango, NY 13037 Phone: 716-258-0072 • Fax: 585-371-3373 Email: [email protected]
2 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. A Note from the Editor Happy New Year! It’s hard to had several wonderful posts that believe 2020 is already here. The I’ve been collecting. I’d like to end of last year had me focusing leave you with two that really on all the new legislative changes spoke to me. coming our way. The stress and uncertainty that these changes One kind word can change bring only served to emphasize someone’s entire day. the need for us to focus on ~Author Unknown kindness this year. I want to see If you have the chance to Mary Waibel us all make a purposeful effort to make people happy, just do it. Editor-In-Chief be more kind. Focus on small acts Sometimes people are struggling of kindness to the person at your silently. Maybe, your act of window, to your co-worker(s), kindness can make their day. and to yourself. Facebook has ~@willesdenstaff
3rd Vice President Report At the close of 2019, I will have The Parliamentarian Committee will completed one year as Third Vice continue to review the By-Laws for President of NYSAMCC, and what a further changes or updates as needed. busy year it was! Another duty is to Chair the County As you know, one of the duties of Chapters. I must confess, this is my the Third Vice President is to chair favorite part of the job because I the Parliamentarian Committee. Our get to meet so many Court Clerks Committee reviewed the By-Laws from different parts of the State. I of this Association and noticed that am becoming familiar with many want to share it with others, and for many of the laws were outdated or in members in this fine Association and that I thank each and every one of need of a change. So, we rolled up our consider that a blessing. I was so you. sleeves and made some very necessary proud to have all the Representatives I am still looking for Representatives updates. At that point, the proposed in attendance at the Fall Conference for the following counties: Hamilton, changes were brought to the entire walk in the procession at the Tuesday Delaware, Otsego, and Yates. Board for acceptance before being night Banquet. County Chapter disseminated to the Membership Representatives held their heads up Please consider joining our family and ultimately voted upon. After high to the well-deserved applause. of County Representatives. If you many meetings with the entire Board, To those Representatives reading this don’t want to be a Representative the final product was sent to the article: I know firsthand how busy alone, that’s not a problem. You Membership. The proposed changes each one of our jobs can be, and that are welcome to have a friend co- to the By-Laws were voted on at doesn’t include our everyday life, and represent with you. Please contact the Annual Business meeting during I am amazed by how many of you are me at [email protected] or the Fall Conference in Syracuse. All willing to help send information out via phone at 914-670-3011 for the changes were accepted. To view the to the Court Clerks in your County. necessary information. updated by-laws, please visit our new This is not a paid job. This is done website at www.nysamcc.com because you love what you do, and Jackie Ricciardi 3rd Vice-President
The Docket • Winter/Spring 2020 3 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Executive Board of Directors
We are pleased to announce that the following members were elected to serve as your Executive Board Directors on October 1, 2019 at the NYSAMCC Annual Fall Conference.
Regina Hill Portchester Village Court
Marie Barbara Brunswick Town Court
Lorraine Buchal Stillwater Town Court- First time Director
The Nominating Committee sends their most heartfelt congratulations to returning and new board members. And we encourage anyone interested to please step up and run for office. All are welcomed to take up a leadership role within our organization.
Submitted by: Nomination Committee Gillian Koerner, Chair, Kim Howard, Terri Rider, Jennifer Miller, Becky DenBleyker
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4 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc.
The Docket • Winter/Spring 2020 5 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com
SCREEN PRINTING, EMBROIDERY and PROMOTIONAL PRODUCTS pr d ptn of Introducing...Our New Association Store! www.BearEssentialsApparel.com/NYSAMCC Our Store Committee spent many hours reviewing catalogs All of their designs are created and produced in-house. and negotiating a new contract and are confident this Bear Essentials is a New York Certified Service-Disabled vendor is a much better fit for our Association. We are Veteran-Owned Business. pleased to announce that we have selected to partner with Bear Essentials Apparel. He and his assistant Christina came to our Association with countless fresh ideas and designs. Check out the new store Started in 2005 by Greg Moore, Bear Essentials Apparel merchandise online at https://www.bearessentialsapparel. has two stores—Main Street in Saranac Lake, and Main com/nysamcc.html. Shipping is a flat fee, so save yourself a Street in Lake Placid. Chances are if you were in Lake few dollars by pooling your orders with other Court Clerks Placid for the 2018 Conference, you visited his store. in your Court or area.
Greg comes to our Association with many years of We welcome your ideas for new merchandise and feedback experience. He is a decorated Iraq War Veteran with a to assist us in making our new store the best it can be! BFA in Graphic Design. He runs a family-owned and operated business that offers a comprehensive approach Submitted by: to everything decorated. His retail stores produce unique Gillian Koerner and Wendy Bates, Store Co-Chairs Adirondack designs loved by locals and tourists alike.
6 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Articles The Box of Cash
As Court Clerks we try to be impartial $6000 in a box, call a phone number and act in a professional manner, when they had the money, and not to but we cannot lose sight that we are call her parents. The couple held up human beings dealing with human a shoe box containing the cash. “You problems. Taking the time to listen have $6000 in cash in that box?” I and pay attention can often make a asked, incredulously. “Yes, we did world of difference. what he told us,” said the white- They came back upstairs to thank haired grandmother, holding the box me and said they felt so foolish, but I experienced such an encounter out to me as tears welled up in her I assured them they should not feel several months ago when an elderly eyes. foolish for coming to the aid of a couple came to my court office loved one. Unfortunately, there are window obviously in distress. They Rather than follow the directions people out there that will try to prey had come to bail their teenage of the caller, they came straight on one’s concern. granddaughter out of jail. Me, to the local Court believing their knowing there were no recent arrests granddaughter must be here. I told This taught me the value of taking a of anyone with their granddaughter’s the couple that the directions they moment to listen, to speak up, and name, assumed that they had come were given did not follow normal to observe all the minor details we to the wrong Court and was about to procedures and most likely they were dismiss when we encounter the many send them on their way telling them a victim of a cruel scam. I notified the people that pass through our Courts to check other Courts in the area. detectives and sent them downstairs each day. A simple act of kindness Their panicked faces made me stop to the police department where they can mean so much. and ask more questions. I learned reported the incident. They also called that they had received a phone call their granddaughter and learned she Submitted by from someone claiming to be a police was safe at school. Stephanie Timm-Austen officer demanding that they bring
What to know about Summary Proceeding Fees
While at our Fall Conference in Syracuse, the issue of civil fees relating to Summary Proceedings was a hot topic!
As you can see in this slide from the “Supporting the Bench” class on Civil Cases, the Court Clerk may collect a $20.00 fee for signing the Notice of Petition for the Plaintiff, prior to its service.
After the Plaintiff serves their paperwork and they return to file the case, the Court Clerk collects a $20.00 filing fee for the case.
Submitted by, Cindy Paraggio – Court Clerk, Philipstown Justice Court, County Representative, Docket Committee
The Docket • Winter/Spring 2020 7 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Articles Hail to the (Former Editor-in-) Chief!
Congratulations to our former Editor, that The Docket would continue to Janet Smith, on her retirement last be a professional publication that October after more than thirty-five brought Court Clerks together in both years as Court Clerk for Town of education and comradery. Chenango in Broome County. She was Court Clerk to her beloved Janet worked tirelessly for her Court, for the Association, and for husband Judge Thorold J. Smith, who and topic of the hour...make the The Docket. She set the highest of passed away a year ago after battling magazine light, interesting and fun standards and always shared her a long illness. for the reader...and seek accuracy in expertise with all of us. We all enjoyed the information.” Janet was more than just the editor working with her; she was our Editor- of the Docket; she was elected to in-Chief but, more importantly, a We will always be inspired by Janet’s the NYSAMCC Board in 2004 as a good friend. encouragement to write articles Director and worked with then Editor- that provide knowledge, insight, In recent years Janet stepped back as in-Chief Amy Harter. They shaped and humor, making The Docket a Editor of The Docket in order to care The Docket from what began as a magazine that our Members look for her husband. She continued to act newsletter to a quality publication in forward to reading. magazine form, starting with a cover. as a consultant, but she was a hard The Docket brought much needed act to follow. Thank you, Janet, for all that you have accomplished on our behalf. We information and education to Court Janet closes the chapter on her will do our best to continue the work Clerks across the State—not just career as a Court Clerk, but she you began! news for Court Clerks, but news about begins a new one enjoying time with Court Clerks. In its pages, Members family and friends. As she moved Submitted by The Docket staff saw themselves and their friends at on, Janet graced The Docket Staff Mary Waibel Conferences and events sharing good with her expert advice: “Stay true Stephanie Timm-Austen times and challenging times. When to your ideas...the cover should be Wendy Bates Janet took over the reins, she ensured a culmination of that issue’s stories Cindy Paraggio OCA Connection [email protected] or 1-800-622-2522
Helpful notes from OCA Justice Court Technical All Town and Village Judges and Clerks have an OCA Support office: email address. If you do not know your email infor- mation, please call. OCA uses this email address, Microsoft Office Windows10: there is an effort in exclusively, to provide you information. place to update all Town and Village computers to Windows 10 by Jan. 2020. However, this effort will not You can now change your OCA email password, through be completed by January. If you have OCA provided the SSPR site: https://iapps.courts.state.ny.us/sspr Windows 7 machines after Jan. 2020, we will continue All Town and Village Judges and Clerks have a license for to support them and work towards updating them up to Microsoft Office365, which includes the full Microsoft Windows 10. Office 2016 suite. Bitdefender is the Virus protection for OCA computers Phone-Line Free faxing is available, contact our office in the Town and Village Courts. If you do not have it for more information. installed on your desktops/laptops please contact us.
8 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Articles Nothing to Hide
It is certainly timely that in mid to late As defined by the Federal Motor October the term “masking” presents Carrier Safety Regulations: itself for all of us to make an easy reference to that night where trick or Masking : § 384.226: Prohibition treater takes priority. Many of us are on masking convictions. unaware of the serious consequences The State must not mask, defer that the term holds insofar as the imposition of judgment, or allow an The disposition of any of these motoring public and those who individual to enter into a diversion disqualifications to violations such regulate, enforce, administrate, and program that would prevent a CLP as a parking violation is one classic adjudicate laws and rules to focusing or CDL holder’s conviction for example of a masked case. Except for on safety for those who travel our any violation, in any type of motor a Prosecutor’s decision not to move highways. vehicle, of a State or local traffic a case because of some legal reason, control law (other than parking, a case such as this will not result in The Commercial Vehicle Safety a conviction to an offense that would Act of 1986, along with the Motor vehicle weight, or vehicle defect violations) from appearing on be on the operator’s record. In many Carrier Safety Improvement Act of cases there needs to be an aggregate 1999 (creating the FMCSA), were the CDLIS (Commercial Driver’s License Information System) driver number of convictions to determine the first major instruments to focus the disqualification time and, more on operators of large vehicles that record, whether the driver was convicted for an offense committed importantly, the viability that an were largely unregulated. In addition unsafe driver exists that is still driving. to so many other industry specific in the State where the driver is licensed or another State. This is not an argument against plea regulations, the Commercial Driver’s agreements issued by the legal system. License (CDL) was put into service. Let’s break it down: these violations For efficiency’s sake, cases need to be Its purpose was to allow a qualified need not occur only in a commercial resolved in a timely manner. However, driver to hold one license eliminating vehicle; they can and most often do manipulating or working around the the use of multiple licenses which occur in personal vehicles operated laws and regulations that are in place made it impossible to track unsafe by the holder of a CDL. CFR § should not be permitted. drivers as they traveled throughout 383.51 (Tables 1-4) identifies not the country. only the types of vehicles; it also lists Deferring Imposition can be done the disqualifying offenses that are in many ways. For example, if a CDL Holders of the Commercial Driver’s driver has one excessive speeding License are now more accountable, specifically identified to be offenses that cannot be masked. conviction on his record that’s set to as the adoption of Federal Motor be removed in one month and then Carrier Safety Regulations by the Some examples that would apply receives another citation for the same States created training requirements to disqualifying offenses relating to infraction, this would in turn result to be completed by the CDL holder masking are: in harsher penalties, having two and, more importantly, identified violations over a certain span of time. offenses resulting in disqualification. • DUI or DWI A Judge or Prosecutor could decide to More accurately reported convictions • 15 MPH over the speed limit wait until the initial charge has been to the States ensures that the • Texting or talking on a cellphone removed from the driver’s record disqualifying offenses are not while driving before moving forward with the new disposed of in a way that would not • Leaving the scene of an accident case. The goal of these regulations is hold the CDL holder accountable for • Reckless driving to make sure these types of “creative” their actions (a.k.a., “masking”). adjudicating don’t happen.
continued on next page
The Docket • Winter/Spring 2020 9 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Articles Nothing to Hide... continued
Diversion has many useful purposes vehicle professionals who are trying to standards. Even if “good reason” is in the criminal justice community, and uncover a driver’s full and complete given to reduce the sentence or penalty under the right circumstances it also traffic history. How can a DMV given to a CMV offender, that offense produces some very positive outcomes. employee properly judge if a driver must be recorded plainly for the However, it is not permissible in the qualifies for licensing if his or her sake of transparency and any future CDL case. It’s not an opinion, it’s the record doesn’t tell the whole story? interactions that driver may have with law. Sometimes when a driver commits Law Enforcement or the Courts. From a moving violation, a plea offer may While still a serious issue for private texting while driving to suspicion be proposed by the Defendant and drivers, CDL drivers are under much of DUI, any concealing of admitted Prosecutor to plead down a charge to more scrutiny, as a truck can cause more offenses can lead to officials making a lesser violation or allow the offender harm than a normal passenger vehicle. decisions that affect the public’s safety. to participate in a program to have Again, as is the theme with motor the charge expunged from his or her Hon. Gary A Graber vehicle administrations and the record. This in turn creates significant Town Justice, Darien, New York judiciary, communication is necessary confusion and safety issues for motor to ensure adherence to traffic safety
Kindness: A Past-President’s View
When I heard that this Docket’s itself. Emotional self-discipline theme was kindness, I felt it was is one of the most important important to share some thoughts qualities of a Court Clerk. When from my perspective. I strongly we express irritation, anger, feel that it’s our responsibility or other negative emotions, it as adults, role models, leaders, conveys bias and undermines and parents to not only teach people’s faith in the impartiality kindness to the next generation, and fairness of Court. Set the example for others in but also to model it ourselves. I your office and your County. If am far from perfect and can use We as Court Clerks are often the you are calm, kind, and positive, reminders myself at times. first face a defendant sees in the you will experience less stress, Court. I think it’s important for as well as show your co-workers Kindness: noun; the quality of us to remember that a person a good example. Keep your tone being friendly, generous, and calling the Court or appearing at of voice level, your face friendly, considerate. the window may be nervous and and listen to the Defendant apprehensive. Sometimes, those before you or on the other end of Over the years, we have had feelings make it difficult for them the phone. several classes which have dealt to understand information being with how to deal with difficult conveyed to them. It’s easy to I found this quote and thought it Defendants. We have had it get frustrated. Let’s be honest, served as a good reminder to us drilled into our heads that the we repeat the same information all. “Be kind whenever possible. Court Clerk is an extension of multiple times a day. But a It is always possible.” Dalai Lama the Judge and our statements friendly, helpful voice from a and expressions of emotion are Gillian Koerner Court office should be the rule NYSAMCC Past-President viewed as those of the Court rather than the exception. 10 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Articles Hiring New Court Clerks
Hiring a new Court Clerk or other clerical staff for your Court? Make sure you stay in touch with the Office of Justice Court Support!
Our office needs to be notified of Alexandra Glick-Kutscha Erika Hanks every clerical staff member within the court—regardless of whether they are full-time, part-time, permanent, new Court Clerk’s email address, and information about the education or temporary. and it will be waiting there when he and training requirements is sent to or she first logs into their nycourts. new Court Clerks as part of the New Whenever a new Court Clerk is hired, gov email address. This packet Court Clerk Packet. Every new Court the Court should complete a Court contains important information for Clerk needs to take the 12-hour Clerk Information Form. This form setting the Court Clerk up within Supporting the Bench curriculum may be filled out by either the Judge the Court, including information by December 31 of their first year or a Court Clerk. Once our office on fingerprinting, how to obtain with the Court. Each following year, receives the completed form, we enter usernames and passwords for the the Court Clerk will take the annual the Court Clerk into our database. various systems that the Court Clerk 6-hour OJCS Core curriculum. This The Division of Technology can then will need to use, contact information training can be completed at the live create an email address for the new for Court system offices and other training locations throughout the Court Clerk, which the Office of outside agencies, and Court Clerk state, as well as through the MyCCE Justice Court Support uses for all education and training requirements. online learning platform. Information official communications with Court on how to log onto MyCCE is also staff. The Division of Technology will Don’t forget that every Court Clerk included as part of the New Court send the log-in credentials (username must be fingerprinted in order to Clerk Packet. and password) for the new Court access court files! Submitted by: Alexandra Glick- Clerk’s email account by regular mail The information from the Court Clerk to the Court’s address. Kutscha, Esq., Associate Counsel, Information Form will also be used to Office of Justice Court Support and At the same time, a New Court populate the Court Clerk’s record in Erika Hanks, Senior Court Analyst, Clerk Packet will be emailed to the our education and training database, Office of Justice Court Support
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The Docket • Winter/Spring 2020 11 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Articles What Municipalities need to know about Mandatory Court Clerk Training
Mandatory Training for all clerical The term “clerical” is in many Clerk can better assist the Judges, run Court staff was enacted into law as of respects a misnomer. Municipalities a more efficient and fiscally prudent January 1, 2019. This requirement, should understand that a Court Court, and most importantly, better under the Rules of the Chief Judge, Clerk’s duties are not merely clerical. serve the community. applies to ALL clerical Court staff, Their position carries responsibilities regardless of title or full-time/part- and requirements that are dictated There is now a multitude of new time status within the Court. Recently by law. For example: Orders of legislation that Court Clerks must be hired Court Clerks are required to Protections must be entered into the aware of, including: take the introductory 12-hour OJCS Family Protection Registry within 24 - “Raise the age”—16 and 17-year- “Supporting the Bench” training hours of issuance; traffic and criminal olds are now considered juveniles program by the end of the calendar dispositions must be transmitted and sent to Family Court, but the year they are hired/appointed. within 96 hours, some criminal cases Town & Village Courts may still Existing Court Clerks must take within 24 hours; warrants must encounter these Defendants for approved core training to obtain 6 be submitted to Law Enforcement arraignments and Court Clerks hours of CCE (Continuing Clerk and notifications made immediately must be familiar with the new Education) credits yearly. when vacated; license suspensions procedures; answered must be lifted immediately The necessary credits can be obtained via the DMV system VPASS; bank - Bail reform, discovery, and speedy on the web through the MyCCE deposits must be made within 72 trial procedures—Court Clerks online training platform or by Court hours. In addition, a Court Clerk must must keep track of filings and staff attending face-to-face training. have knowledge of numerous case the required notice that must Though online training presentations sealing requirements—sealed cases be provided to both Defense are good, they do not replace the value are confidential Court records not Counsel and the Assistant District of being in a classroom setting where available to the public. A mishandling Attorney; one can see and hear an experienced or failure to comply with any of these instructor and focus on the subject requirements can result in a civil - major changes to Landlord/ matter without interruption. liability to the Town or Village, and, Tenant laws—Court Clerks must under certain circumstances, even be aware of the time changes to There are several off-site training criminal liability. service when accepting cases for opportunities offered to Court Clerks filing; throughout the year, both locally and The Judges remain in charge of their Statewide. One is the New York State Court, and judicial responsibility can - Domestic Violence Law— Association of Magistrates Court never be delegated to a Court Clerk. Domestic Violence cases require Clerks’ Annual Fall Conference. This While the Judges direct the actions special handling including the Conference is the premiere of training, of the Court Clerks, it is the Court preparation of Orders of Protection with instruction on almost every topic Clerks who must be fully versed on (OOP) and mandatory entry a Court Clerk may encounter. It is how to implement procedures and of Family Orders of Protection an intensive 3-days of instruction properly transmit information and electronically into the Domestic with classes taught by staff and documents generated by the Court. Violence database within 24 hours attorneys from the Office of Justice One way to explain the difference in of issuance; Court Support and experienced duties of Judges and Court Clerks is - New sealing requirements— Court Clerks. The required CORE that the Judges makes decisions and CPL §160.59, also known as curriculum is presented as back-to- the Court Clerks communicate and the “Look back law”, allows back classes on one day. report those decisions to assist in their fulfillment. A well-trained Court continued on next page
12 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Articles What Municipalities need to know... continued
Defendants to make a motion, - Probation transfer requirements— Courts submit their financial records under certain circumstances, to It is the Court Clerk’s responsibility to the Comptroller’s office by the 10th have a conviction sealed after 10 to copy and send case files to the of each month. years have passed; new Court of jurisdiction. Face-to-face training allows the - Decriminalization of Marijuana— A Court Clerk must be proficient in participant to get detailed instruction, Court Clerks are now required to various software programs, including a better understanding of the subject, expunge marijuana convictions the Courtroom program. They must and to participate in discussions that from Court records. Identifying have the ability to access and navigate generate questions and answers that and locating these records will be secure websites, especially for Court they may not have thought of. The a huge undertaking for the Courts. use, which include: DMV for license training conferences bring together and registration records, and e-Justice Court Clerks from all over the State - Criminal Justice Reform—This for criminal records and uploading of allowing them the opportunity to will require Court Clerks to notify electronic dispositions for criminal get work tips, gain new insights on Defendants of appearance dates and traffic cases. Access to these dealing with the public, and build a using their preferred method of websites require that Court Clerks network of other Court Clerks that communication which can include take required tests and complete can offer much needed support in a letter, telephone, email, or texting. security screenings. job that can often leave one feeling The Office of Justice Court overworked and stressed. The Support is currently working on It is also vital that Court Clerks fully training conferences are a worth- a notification system similar to a understand their fiscal responsibilities while expense that not only the Court medical appointment reminder, and the process of collecting staff, but the Town and Villages that which will be something new the monies, maintaining accurate support them will greatly benefit Court staff will be required to financial records, and performing from. learn; reconciliations. The law dictates that
The Docket • Winter/Spring 2020 13 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Articles This article from 2009 is shared to remind us how important our role is as Court Clerks. The ticket mentioned in the following article was received by myself at the Court. As you all know, we receive tickets and mail with all sorts of “interesting” things on them. On this day, I was disgusted, yet concerned and contacted our Police Chief who immediately placed the envelope (and money order to pay his traffic ticket!) into an evidence bag. The Chief then called the New Canaan Police who performed a welfare check of the return address and the rest unfolds…(The below article was published in the CT Post.)
Drug Warehouse found in New Canaan By Brittany Lyte, Correspondent, Published in CT Post 10:09 pm, December 8, 2009
of marijuana, illegal sale and equipped with marijuana plants, an distribution of marijuana and irrigation system, lights and a carbon operating a drug factory. dioxide tank used to accelerate marijuana growth. Police responded to a welfare check request made at 5 p.m. Other items found in the home Monday by Pound Ridge, N.Y., included an unloaded 12-gauge police after the department Winchester shotgun, literature on received a traffic ticket mail-in how to grow and sell marijuana, a response covered in blood and vacuum sealer, a large amount of bodily fluids from Lewonuk, FedEx boxes, a hand-written list of according to Bender. names paired with dollar amounts and marijuana seeds packaged with labels Shortly after the request, police including, “blueberry haze,” “train arrived at the residence, a two- wreck” and “the third dimension,” floor, one-bedroom apartment Bender said. in a bigger home, Bender said, to find a smashed window pane Lewonuk was treated for facial on the front door and the blinds injuries and cuts at Norwalk Hospital pulled up. Police outside the Dec. 3, which police said may have New Canaan Police Dept., Nearly residence detected blood splattered been self-inflicted during a period of one kilogram of marijuana, valued across the house, including a bloody intoxication. at about a $3K wholesale price, was handprint on the couch and nearly confiscated by the New Canaan two pounds of marijuana, police said. Lewonuk, who turned himself into police from a New Canaan residence, Bender said the officers received a police after learning of the search police said. search warrant from investigators. warrant, was arrested on $500,000 bond and is to appear in state Superior NEW CANAAN -- A bloody traffic Inside the home, police found blood- Court in Norwalk Wednesday. ticket led police to uncover a soaked towels and blood splattered marijuana factory in a blood-soaked on rugs, walls, loose-leaf papers, a Shared by, Forest Street house Tuesday. couch, a shower curtain, a bathtub Cindy Paraggio Court Clerk, “In New Canaan, (I haven’t seen and a desk, as well as marijuana Town of Philipstown Justice Court anything) of this scale,” Lt. Dave seeds, plants and leaves, Bender said. Putnam County Representative Bender said of the home marijuana Lewonuk walled off his kitchen Docket Committee warehouse. behind a secret compartment, Jason Lewonuk, 32, 126 Forest St., according to Bender. Inside, Bender was charged Tuesday with illegal said, Lewonuk created a marijuana possession of more than 4 ounces cultivation and distribution plant
14 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Articles
1 (1 )(f) -
UJCA § 1911(a)(1)(a) UJCA § 1911(a)(1)(b) UJCA § 1911(a)(1)(c) UJCA § 1911(a)(1)(e) UJCA § 1911(a)(1)(g) CPLR § 8001(a) CPLR § 8001(a) CPLR § 8020(g) & Judiciary § 255 CPLR § 8020(g) & Judiciary § 255 CPLR § 8020(g) & Judiciary § 255 Judiciary Law § 387 & § 390 UJCA § 1911(a)(1)(f) UJCA § 1911(a)(1)(f) UJCA § 1911(a)(1)(d) 22 NYCRR § 124.8(a)(1) GML § 99 UJCA § 1803(a) UJCA § 1803(a) UJCA § 1803(c) UJCA § 1911(a)(1)(g) UJCA § 1806 UJCA § 1911(a)(1)(e) CPLR § 8001(a) CPLR § 8001(a) UJCA § 1812(d) UJCA § 1911(a)(1)(a) UJCA § 1911(a)(1)(j) UJCA § 1911(a)(1)(e) UJCA § 1911(a)(1)(g) CPLR § 8001(a)
$20.00 $20.00 $20.00 $5.00 $10.00 $15.00 $0.23 $5.00 $5.00 $5.00 No Charge No Charge $25.00 $2.00 $2.00 $20.00 $0.25 No Charge $0.25 $10.00 $15.00 $3.00 $10.00 $50.00 $5.00 $15.00 $0.23 Nominal Cost $20.00 $20.00 $5.00 $10.00 $0.23 No Set Fee
State (CPLR § 8017) § State (CPLR FederalGovernment FBI CriminalRecords (5 USCA9101(b)(1)) § 1102) § (CPLR Persons Poor Employee Actions (UJCA § 1912) These Entities Should Not Be Assessed Fees:EntitiesTheseAssessed Not Be Should
- COURT FEES
T&V's Pay Additional Amount)
-
Copies Provided By A Court Outside the Context of A Court Proceeding
Please Note The Following Exemptions Exemptions Following The Note Please
Initial Filing Summons/Complaint Issuing a Requisition of Seizure Issuing an Infant's Compromise Appeal, FilingNotice of Jury Demand SubpoenaedWitness Per Diem Subpoenaed Witness Mileage Certificate of Disposition Two Year Search Certificate of Conviction Jury Demand Appeal, FilingNotice of County Per Diem (For Foreign LanguageandSign Language Interpreters Transcripts of Judgment Satisfaction of Judgment Judgment by Confession Copying of Papers For Public - *Digital Copies WithMade Personal Device Reimbursement Fee For Court For Furnishing Copies of Papers In Any Proceeding Small Claims (For Money Damages Of $1 to $1000) Small Claims (For Money Damages Of >$1000 to $3000) inCounterclaims Small Claim ($3.00 Plus Cost Of Mailing) Jury Demand Undertaking Appeal, FilingNotice of SubpoenaedWitness Per Diem Subpoenaed Witness Mileage Issuing an Information Subpoena Filing Initial (First Paper)Fee Issuing Fee Appeal, FilingNotice of Jury Demand Subpoenaed Witness Mileage Seehttp://www.nycourts.gov/howdoi/See_Atta.pdf 151); (CPLR § 8017(a)) § (CPLR 151);
Civil Part Criminal Interpreters Judgment Fees Miscellaneous Fees Small Claims Summary Proceedings Transcribers Gen Atty Op (1965 County 1911(a)(3)(a)) § (UJCA Town Court's Justice 1911(a)(3)(a)) § (UJCA Town Within Village § 1911(a)(3)(b)) (UJCA Village Court's Justice
The Docket • Winter/Spring 2020 15 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Articles Reminder…
The full memo with detailed instructions can be found on the Resource Center website:
http://nycourts.gov/courts/townandvillage/judges_only/topics/documents/Clerk%20A- Z/Fingerprint%20Requirements%20for%20Court%20Clerks/Fingerprint-Requirements- Information-2017.PDF
Submitted by, Cindy Paraggio Court Clerk, Philipstown Justice Court Putnam County Representative Docket Committee 16 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Articles 40th Anniversary & Program Committees After much anticipation, we will be celebrating the 40Th Anniversary of the New York State Association of Magistrates Court Clerks Inc. September 13th through September 16th, 2020 at the Saratoga Hilton in Saratoga Springs.
The color for our 40th anniversary is “Ruby Red”. As such, we are utilizing the theme from the “Wizard of Oz”, especially the “Ruby Red” slippers, as the inspiration for our Awards Banquet on Sunday evening. As a way of Both Committees have been working very closely to ensure showing the unity among Court Clerks, we hope everyone this event is extra special. We are looking into some fun will don their best pair of red shoes for this event! activities for you after a day of great classes.We will also be designing a special 40th Anniversary edition t-shirt that can As we celebrate 40 years of our Association, it is only fitting be pre-ordered and worn at the conference. More details that we highlight our Founding Members, Past Presidents, to follow. Treasurers, and Board Members for their dedication and vision which has brought our Association to where it is If you have any pictures from the past 40 years that you today! The Annual Banquet and Installation of Officers would like to share and possibly display at the Conference, Gala on Tuesday evening will be a 1940’s style “Academy you can forward them to either [email protected] or Awards” theme. We will highlight the accomplishments [email protected]. of those who have given so much of themselves to ensure We look forward to celebrating this very special occasion that Court Clerks, over the last 40 years, have had the with all of you! ability to obtain the educational information they need to perform their duties with “Dedication and Excellence”. Jane Curtiss, Chair – 40th Anniversary Committee The Gala will be a formal, black-tie optional event. Ladies Marie Barbera, Chair – Program Committee come dressed in your nicest red, white, or black dress and Heather Blume, Director gentlemen get those black ties out!
40th Anniversary Special Edition of The Docket
In honor of the NYSAMCC, Inc. 40th Anniversary, we will ad. If you, or your be producing a special edition of The Docket that will be Judge, or your County Buy your sent after the Fall Conference in Saratoga. Association, or local attorneys, or Court Well Wish ad If you have an article you want to share or one you want Reporters, or anyone to see re-run, photos from past events, a funny story else would like to send Today! from an old Conference, a comparison of then and now congratulations or well (I’m talking to you more seasoned Court Clerks who wishes, please contact remember hand-written CDR’s and Docket Books), please Jackie ([email protected]), Jenn (jlmiller@nycourts. contact me ([email protected]), Stephanie (sausten@ gov) or myself ([email protected]) nycourts.gov), Wendy ([email protected]), or Cindy ([email protected]). Help us pack this issue with Thank you in advance for supporting this special issue! wonderful memories of the last 40 years. Mary Waibel, We will also be selling business-sized ads to offer your Edit-In-Chief congratulations and well wishes. Cost will be $25.00 an
The Docket • Winter/Spring 2020 17 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Ethic’s Corner The following Ethics opinions are it unless the Judge determines he/she Available to Court Clerks and other just a few that the NYSAMCC is legally required to do so. (2) The Non-Judicial Court Employees is Ethics Committee think will be of Justice may attend, and permit the a Non-Judicial Ethics Helpline. interest to the Town and Village Court Clerk to attend, the Village’s This helpline will try to assist Court Court Clerks. We are just listing the mandatory compliance training for Clerks in ethical issues related to the Opinion number and the Digest of sexual harassment and workplace workplace, outside employment as the Opinion. For the full opinion or violence, where the program is well as avoiding the appearance of other opinions issued by the Advisory educational and preventive in nature. impropriety in other situations. This Committee on Judicial Ethics, go to (3) The Justice may permit the Court number is 888-283-8442. http://www.nycourts.gov/ip/acje/ Clerk to certify he/she will abide broadcast.shtml by the Village’s sexual harassment Submitted by the: policy, provided that doing so does NYSAMCC Ethics Committee Opinion 19-47 not interfere or conflict with the Rules Wendy Bates, Corey Stepanek, Governing Judicial Conduct. Heather Kish, Denise Cookingham, Digest: A Judge may not have a Chair Court Clerk enter the proposed fine on a motorist’s mail-in-plea from Opinion 18-156: a fixed schedule of fines developed Digest: (1) A Town Justice need not by the Judge—even though the object to the Town’s video security Judge intends to personally review, cameras, where the cameras have no confirm, initial and approve the microphones or audio capabilities, entered fines—where the underlying do not intrude into the Courtroom fixed schedule pre-selects specific or otherwise improperly interfere fines from the statutory range with Court operations, and do not and therefore is likely to create an permit monitoring inside the Judge’s appearance that the Judge has pre- chambers. (2) If the Town attempts to judged certain categories of cases re-install a camera in the Courtroom without individualized consideration the Judge should object in writing and of relevant legal factors. notify an appropriate Administrative or Supervising Judge. (3) The Judge NYSAMCC Ethics Committee note: may, if he/she chooses, petition Town To streamline the release of This is a very important opinion on Officials to restrict access to the video new or urgent information a subject that has come up in the cameras and/or ask them to transfer and to utilize our newly past and explains why judicial duties the monitoring and control functions designed web layout, we cannot be delegated to Court Clerks. to Court personnel. We strongly suggest you check your encourage you to check Opinion emails or visit the Advisory the website often! Committee website to read this Opinion 18-73: opinion in its entirety. Digest: The Committee cannot Many forms you are used determine whether Judges have the to seeing published in the Opinion 19-80 legal authority to introduce new steps Docket, will now only be or procedures for Defendants who Digest: Where a Village’s sexual available online. plead guilty by mail under Vehicle and harassment policy purports to subject Traffic Law 1805, as this presents a all Village Officials and Employees to strictly legal question. (Note: There is Visit www.nysamcc.com corrective action or discipline at the currently a bill introduced in the state for the latest breaking news, local level and to impose new legal senate “Traffic Violations Fair Notice for downloadable forms and duties on them, a Village Justice (a) Act” which may address this question links to upcoming trainings. may acknowledge receipt of the policy if passed into law.) but (b) must not agree to comply with 18 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Clerk Chatter Health and Welfare Report Please submit any requests for cards for retirement, sympathy, illness/hospitalization, wedding, or new baby congratulations, etc. from the Association to Wendy Bates at [email protected]. Please include your name and information regarding the nature of the request, the recipient’s name and address. Thank you!
Submitted by Wendy Bates 2019 Fall Conference Recap
Our 39th Annual Conference was success. The Annual Conference for to avoid the overflow issue. If anyone held September 29-October 2, 2019 2021 will be joint with the Magistrates has a large Hotel/Conference Center at the Double Tree in Syracuse, NY. in Niagara Falls, September 26- in their area, please let the Conference The attendance was fantastic, with 19, 2021. The package rates are: Committee know, so we can do a site over 300 clerks registered to attend Single Rate- $772.00, Double Rate- visit and see if we could utilize it for a the trainings! We entered into the $562.00. The last joint Conference future venue. Conference contract for 2019 back was in 2015, and we look forward in 2017, not knowing the effect to reuniting with the Judges in 2021. As the President, I would just like to Mandatory Training would have on These venues were contracted in say, “Thank You,” to all the Court our attendance. As the registrations advance as well, and we are already Clerks who attended the Conference started coming in, the numbers lead working on the possibility of overflow or reached out via email or phone to a us to contract with the Hampton Inn hotels. Information will be available Board Member throughout the year. as an overflow. Then the registrations on our website as registration nears. You are all so encouraging to us. I, kept coming, and two weeks before as well as all the Board Members, Conference we reached out to the Of course, at all the Annual love meeting you and having one-on- Fairfield Inn as a second overflow Conferences we will be offering the one conversations. This networking hotel. Fortunately, we were able to put Mandatory 12-hour Supporting is how we gather information to this together last minute, BUT what the Bench and the 6-hour Core improve our Association for you, our a great issue to have. For the Court Credit Classes, as well as a line- Members. Clerks’ convenience, we provided up of Electives for your continued Respectfully Submitted, shuttles to and from all the hotels for education. 2019 launched the first Annie Raskoskie, Conference Chair the evening events, hoping to make it required mandatory training classes easier for those in the overflow hotels. and it was well accepted. As you Jane Curtiss, 1st Vice President & complete the requirements, the Co-Chair We have the venues contracted for the Office of Justice Court Support will Dawn Marie Klingner, 2nd Vice next 2 years. 2020 brings us to our send you a certificate of completion President 40th Anniversary as an Association. through your NY Courts email. This The Annual Conference will be is something you can display proudly Jackie Ricciardi, 3rd Vice President held in beautiful Saratoga Springs, on your office wall, as well present Marie Barbera, Director September 13-16, 2020 at the Hilton a copy to your Town or Village Saratoga. We are planning some extra Administrator, showing you have special events to celebrate, including furthered your education. an elegant Gala on Tuesday evening. The package prices for 2020 are: We work hard to find new venues Single Rate- $870.85, Double Rate- around the state, however with our $592.88. Mark the dates on your numbers growing we are hoping to calendar to ensure your attendance move forward with venues that will to help celebrate our 40 years of accommodate everyone at one hotel,
The Docket • Winter/Spring 2020 19 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Clerk Chatter Education Report Key to confidence is Education!
Education is key to any successful Your attendance and participation career… and as Court Clerks we at live training allows you the are the first seen, first spoken to, opportunity to speak directly with the first point of contact. We are the instructors, ask questions, and hear first, and sometimes only, person from seasoned Court Clerks on their Safe travels! I look forward to seeing that one speaks to in the busy world best practices. you at one of our education sessions. of Town and Village Courts, so it is our responsibility to ensure that We encourage all Court Clerks to Dawn Marie Klingner our knowledge and understanding attend one of the following larger NYSAMCC, Inc. nd of how we can assist someone goes scale training s offered: 2 Vice-President Education Chair beyond our everyday courteous and Association of Towns professional self and is done with confidence. Potsdam Annual Fall Conference Confidence is achieved when one is well versed in a subject matter. There will be multiple representatives To help you gain confidence, our from both the Office of Justice Court Association works closely with the Support and the NYSAMCC at these Office of Justice Court Support live trainings who will be able to providing classes that fulfill the answer your questions or provide you required education hours. We are also with necessary resources. your support and network you may reach out to at any time.
AOT (Association of Towns), February 16-19, 2020 at the New York Marriot Marquis, 1535 Broadway NY, N.Y. 10036
There is no registration fee to attend Court Clerk classes. However, for those wishing to participate in the other events that the AOT Meeting & Training School has to offer or require a room refer to www.nytowns.org for additional information.
Potsdam Training Program (OJCS), July 2020 at SUNY Potsdam Save the Date There is no registration fee. A training announcement will be sent to all via your NYCOURT email address directly from the Office of Justice Court Support.
FALL CONFERENCE (NYSAMCC, Inc.) September 13-16, 2020 at the Hilton Saratoga Springs.
In conjunction with our Annual Meeting and Education Program, we will be celebrating the Association’s 40th Anniversary. Pre-Registration is highly suggested and requested. Please visit www.nysamcc.com for the online registration.
Be sure to stay tuned to the website at www.nysamcc.com periodically for any further updates to our list.
20 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Clerk Chatter Historian Report
At our upcoming 2020 Fall Conference in Saratoga, we will be celebrating our 40th anniversary. How great is that!
A large part of our Association’s history is to note and record the multitude of milestones accomplished over these past 40 years. One of our 2019 milestones was completing and implementing our first year of the Mandatory Training program required for all Court Clerks working in a Town or Village Court office. This was a major undertaking that took many years to bring to fruition.
All of you, whether a Court Clerk for a long time or just beginning, are an intricate part of our history, and we thank you for being involved and supporting our Association.
Currently, the Historian Committee is working on a very large project which entails completing a journal log for each of the past 40 years. This will allow all important data to be recorded on one journal log for each year. When completed, these historical journal logs will be filed with the Association’s Secretary as a permanent record and used as reference when needed.
We ask that you share with us anything that you feel may be vital to the history of our Association. If you have photographs or information you think would be valuable for our Historical records, please contact the Historian committee or anyone on the Association Board. We would love to see your submissions for the Association’s history. Our Association is always looking for information regarding our history.
Respectfully submitted, Kim Howard, Marie Falzone, Denise Cookingham, Chair
The Docket • Winter/Spring 2020 21 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Clerk Chatter Raffle Success
The Syracuse Conference was In addition to the fun and excitement another big win for the Scholarship of going around the room and placing Committee’s Basket Raffle and 50/50 tickets in baskets they hoped to Raffle fund raisers. Marie Barbera win, Court Clerks also voted on the worked hard selling tickets for the baskets in the following categories: 46 fantastically decorated baskets Most Creative, Most Unique, and donated by Court Clerks and others Most Useful. Most creative went Most Unique was won by the Court who support NYSAMCC from all to Thompson County with their Clerks of Nassau & Suffolk County over the State—each one holding elaborate bird feeder designed basket with their “Bewitching Halloween” something of interest. A very special titled, “Sending a little Sunshine theme basket. This fundraising event door prize, a framed Wizard of Oz your way”. Madison County Court brought in a little over $5000 for puzzle art commemorating the theme Clerks won Most Useful with their the Association’s Scholarship fund, th of our 40 Anniversary Conference, “Liquid Lunch Tub” which came with the basket raffle bringing in was raffled off. with a large variety of mini liquors. $3010, and the 50/50 $630. Jackie Ricciardi, renowned sales person, sold over $1500 of Association pins and portfolios. Congratulations to all the winners and a big thank you to everyone who donated such wonderful baskets.
Submitted by Stephanie Timm-Austen
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POTSDAM
26 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Clerk Chatter Scholarship Report
Congratulations to our 2019 Scholarship Winners for our It is never too early Annual Fall Conference held in Syracuse, New York. This to submit your was our first year of mandatory training for Court Clerks’ Scholarship Application and we are pleased that the clerks listed below were able for Potsdam or our 40th to attend and partake in a variety of classes offered at this Annual Conference to year’s Conference. be held in Saratoga Springs, New York. Please keep an eye out for links to Alicia Beaudette, Town of Machias; Yanette Burstein, fillable applications on our new website. If you have applied Village of Great Neck Estates; in prior years and not been chosen, I encourage you to apply again. Deborah Craig, Town of Italy; Tom Moberg, Town of Lisle Terri Rider, Scholarship Chair
The Docket • Winter/Spring 2020 27 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Clerk Chatter Legislation Report
2020 is ushering in a great deal of Reminder notification – Decriminalize Marijuana – new legislation and recent changes The appearance ticket must be Beginning August 28, 2019, to existing laws. The following is an returnable to the next available possessing less than 2 ounces of overview of laws that are of direct Court date but no more than 20 marijuana is a violation. The new concern for our Courts. The Office days. If the appearance date is more maximum fine for possession of of Justice Court Support has sent out than 72 hours later, Court Clerks less than 1 ounce will be $50, down several emails on Criminal Justice will be tasked with contacting the from $150. Possession of more Reform which provide extremely Defendants with a reminder notice than 1 ounce but less than 2 ounces helpful information regarding the via the Defendant’s preferred contact will have a maximum fine of $200, legislative changes. Please continue to method obtained by the police. down from the $500. What directly watch for and read important emails The method of communication affects Court Clerks is that the and memos from OJCS. can include text messaging and new law also provides a provision email. Courts will also be required for all eligible Defendants to have Speedy Trial – to confirm and update Defendants’ their prior marijuana convictions Due to new Speedy trial provisions, contact information. That does not expunged (meaning destroyed). OCA if Defense Counsel moves to dismiss affect a Courts requirement that a is currently reviewing the bill and the case on speedy-trial requirements, Defendant enter a plea by person or will address what new infrastructure Defendants will be entitled to a by mail or submit a written request for will be necessary to comply with the prompt determination from the an adjournment. OCA has partnered statute. Court. It is vital that Judges and Court with third party vendors to develop Clerks keep accurate records of time a notification system, similar to an Repeal of license suspension chargeable to the correct requesting appointment portal used by medical under VTL 510(2)(b)(v) – party. To assist the Courts, OCA’s offices. Effective immediately, the Court is Division of Technology and the no longer required to suspend the Counsel’s Office are adding new Summary Proceedings – Defendant’s driver’s license after a action codes to the Court Room Effective on proceedings commencing conviction for a misdemeanor under Program. on or after June 14, 2019. There are Article 220 (Controlled Substances many changes to these laws. It may Offenses) and Article 221(Offenses Bail Reform Law – be helpful to have handy the OCA involving Marihuana). Destroy MV- Effective January 1, 2020, Defendants memo dated June 19th (marked for 510D forms and rename the letter facing misdemeanor and certain Court use only) for your Judges to in your software program with “DO non-violent felonies can be released use when reviewing any filings for NOT USE” in the title. without imposing any bail. Police Summary Proceedings. Court Clerks agencies will be required to only should note that the Notice of Petition Driver’s License Access and issue appearance tickets for most in non-payment shall be returnable Privacy Act – offenses. Additionally, Judges will within 10-days after service when Effective December 2019. This law, only be allowed to set monetary bail providing attorneys with information also known as Green Light NY, on Defendants charged with specified on hearing dates. Notice of Petition waives the Social Security Number offenses. As of January 1, 2020, and Petition service time is no less requirement to obtain a NY State Courts will not have the authority than 10-days and no more than 17- driver’s license. Courts may see a to hold bail except in specified days. Adjournment of the trial for significant drop in unlicensed driving circumstances. All bail previously not less than 14 days at the request summons but will have more accurate taken must be exonerated. OJCS of either party must be granted. Also, identification information to track provided a list of qualifying offenses Court records relating to evictions motorists coming through the Courts. and other tools to assist Judges in from foreclosed properties shall be identifying the qualifying bail cases. sealed and deemed confidential. continued on next page
28 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Clerk Chatter Legislation Report... continued
Amendments to license CPL 160.55 to take effect in January lengths or alternative programs for suspension – 2020. https://www.nysenate.gov/ survivors charged with a criminal Bill S5348A would limit the grounds legislation/laws/CPL/160.55 offense. Signed into law May 14, for suspension of a driver’s licenses 2019. Extreme Risk Protection Orders for failing to pay traffic tickets or (ERPO) [AKA ‘red flag’ bill] – Criminalization of Revenge Porn – failing to appear in Court. It also provides for additional notification Effective August 24, 2019, this allows The NYS Assembly passed a bill when a person is required to make Law Enforcement, District Attorneys, making it illegal to publish intimate an appearance, requires income school officials, and family members images of others without their based payment plans be available for to request confiscation of firearms consent. The legislation gives victims fines, fees, and mandatory surcharges from an individual who has been the choice to pursue a criminal case, incurred as a result of a violation deemed a threat to themselves or a civil case, or both. The victim of Vehicle and Traffic Law, and others. This type of order can only could ask a Judge to order websites makes conforming changes. This be issued by Supreme Courts, but to remove the images; the right of bill has passed the NYS Senate and individuals violating the order can be action would work with criminal law as of November 2019, has not yet charged with Criminal Contempt in but would not require a conviction or proceeded to Governor’s desk for Town and Village Courts. charge to proceed. It’s unclear if this signature. type of matter would be adjudicated Raise the Age to include in the lower Courts. Signed into law 17 year-olds – Another bill, S2707 or “Traffic July 23, 2019. As of October 1, 2019, Raise the Age violations fair notice act”, introduced legislation will apply to any defendant Submitted by the NYSAMCC in the Senate Rules Committee would less than 18 years old at the time of Legislation Committee require that appearance tickets contain commission of the offense. Jennifer Miller language notifying the defendant of Marie Falzone the maximum fine, surcharge, points, Public Officer’s Law 72-B – Terri Rider and driver responsibility assessment. Is amended by adding a new section Becky Denbleyker It would also require the DMV to that states in part that any public Stephanie Timm-Austen send out two warning notices of officer, and that includes Court suspension 30 days apart. This is personnel, who discloses the contents proposed legislation and is still in of a sealed record to an unauthorized committee. It is not currently law but person shall be guilty of a Class A worth monitoring. misdemeanor. Confidentially of Court Sealing – records is a matter that Court Clerks must be keenly aware of especially in As of the beginning of 2019, a revised light of the fact that sealing laws are legal interpretation of CPL 160.55 expanding with the introduction of was introduced that convictions for the look back seal under CPL 160.59. all violations and infractions, with This law took effect immediately in some exceptions, would be subject January 2019. to sealing under 160.55 regardless if they began as non-finger printable. Domestic Violence Survivors OCA is currently taking the position Justice Act (DVSJA) – that this includes all traffic violations The NY Assembly passed the DVSJA and infractions. Look for additional allowing Judges discretion to fully training on this issue. Gov. Cuomo consider the impact of domestic signed into law on 10/15 a revised violence when determining sentence
The Docket • Winter/Spring 2020 29 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Clerk Chatter Membership Committee
It is hard to believe that it is time success. Over the past 40 years, We have partnered with the New to start thinking about your 2020 many changes have occurred within York State Magistrate’s Association Membership with our Association. our Association which have led us to and formed a joint Legislative The slogan for our 2019 Membership where we are today. We can say with Committee to keep the members of Drive was, “Become Part of pride that our Association is working both Associations informed of new Something Big”. Well, let us tell hard to stay on top of the ever legislation and to advocate jointly for you that you have!! During 2019, evolving technological, educational, the needs of our Town and Village our membership grew from 1200 and legislative changes that occur at Courts. members to 1300 members! We a rapid pace. are thrilled to have 100 more Court You will be receiving your 2020 Clerks who can now benefit from By renewing your membership, or Membership Application via US mail being “Part of Something Big”. becoming a first-time member, you in January 2020 or you can access the will have the benefit of belonging application on our website. Please feel As we approach 2020, the 40th to an Association made up of Court free to contact any of the members of Anniversary of our Association, we Clerks who advocate and work this Committee or the Board if you feel it would be appropriate for our hard to ensure you are receive most have any questions. membership slogan to be “40 Years current information possible. In of Dedication and Excellence”. Over this regard, your Association has Respectfully submitted, the past 40 years many Court Clerks identified the need to invest time and Jane Curtiss, Membership Chair have dedicated numerous amounts of funds to utilize all the resources that Dawn Marie Klingner, Co- personal time to ensure that the Court technology has to offer, as seen in our Chairperson Clerks of New York State receive new and greatly improved website Kim Howard, Executive Secretary the best educational opportunities scheduled to launch early in 2020. BERNARDOHeather Blume, Director possible, so we can serve our Courts We will offer our members the easeGoldstein & Quinn Agency, Inc. and Communities with excellence! of utilizing on-line services forBail things Bonds – Insurance - Surety The vision of the founding members such as paying your membership Est. 1962 of this Association is still our vision dues and registering for our Annual 21 Everett Rd. Ext. today, that Education is key to our Conference. Albany, NY 12205
518-434-8118 518-434-2205 Saratoga 518-584-4723
[email protected] BERNARDO Goldstein & Quinn Agency, Inc. Bail Bonds – Insurance - Surety Est. 1962 21 Everett Rd. Ext. Albany, NY 12205
518-434-8118 518-434-2205 Saratoga 518-584-4723
[email protected] Nick Bernardo David Spencer Garrett Bernardo Rick Bernardo Bill Bernardo Jay Bernardo
30 The Docket • Winter/Spring 2020
Nick Bernardo David Spencer Garrett Bernardo Rick Bernardo Bill Bernardo Jay Bernardo www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc.
NEW YORK STATE ASSOCIATION OF MAGISTRATES COURT CLERKS, INC. APPLICATION Phone: 716-258-0072 • [email protected] • www.nysamcc.com
ANNUAL MEMBERSHIP DUES First Name: ______Middle Initial: _____ Last Name: ______JANUARY-DECEMBER 2020
Town/Village of: ______
Court Address: ______
City: ______, NY Zip:______
ID Core #: (Located on the back of your NYSAMCC Badge)______
COURT INFORMATION *PLEASE MAKE ANY CORRECTIONS NEEDED TREASURER USE ONLY:
Check #: ______Court Phone: ______Court Fax: ______Date: ______NY Courts E-mail: ______County: ______
Date you became a Court Clerk: ______Are you a Judge?: YES NO
If you are a new clerk, please indicate the Name of Clerk you replaced: ______
Are you the Clerk in more than one Court?: YES NO If yes, Name of Court: ______
List Primary Court (where Docket should be mailed to) ______
DESCRIPTION PRICE
ANNUAL DUES JANUARY – DECEMBER 2020 Full Membership Dues ...... $50.00 Retired Members ...... $25.00 $
Make Check Payable to: NYSAMCC, Inc.
Mail to (PLEASE NOTE NEW ADDRESS): NYSAMCC, Inc. Membership Chair P.O. Box 161 Chittenango, NY 13037
Please return this completed application with your payment in the provided envelope. TOTAL $
For questions or Membership Chair ...... Jane Curtiss ...... 518-899-6797 ...... [email protected] information please contact: Treasurer ...... Terri Rider ...... 585-243-3782 ...... [email protected]
Your New Membership Card will be e-mailed to your nycourts email. Please verify it is correct. If you do not receive your card via email, check your spam. It may be there.
Payment of dues will be accepted from January 1, 2020 through the “fixing of the record date” – August 31, 2020. Instructions to access the password protected portion of NYSAMCC.com will be forwarded to you with your membership card by email at your nycourts address. IF YOUR TOWN OR VILLAGE REQUIRES A VOUCHER ONE MAY BE PRINTED ON OUR WEBSITE WWW.NYSAMCC.COM
_____ EMAIL MY DOCKET _____ U.S. MAIL MY DOCKET
The Docket • Winter/Spring 2020 31 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com
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32 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Awards Awards Committee Report 2019 Special Recognition Award
The 2019 Special Recognition Supporting the Award was given to Alexander Bench and the Core Glick-Kutscha, Esq. and Al classes presented Chapleau, Esq. at our Awards to the Court Clerks Banquet on Sunday, September across New York 29, 2019 at the Doubletree Hilton State. Prior to in Syracuse, New York. Alex is an the January 2019 Associate Counsel with the Office roll-out of the official Mandatory topics they teach is evident in their of Justice Court Support and Al is an Program, Alex and Al spent many easy communication of the subject Associate Professor at the College hours sitting in the classrooms matter to the Court Clerks. of St. Rose. listening to what was being THANK YOU, Alex and Al, for taught to the Court Clerks. They your dedication and support of the It was with great pride that we dedicated themselves to learning New York State Town and Village honored these two individuals who and understanding the role of the Court Clerks! We look forward to have been instrumental in ensuring Town and Village Court Clerk in the working with you as Mandatory that the Mandatory Training Rule for Justice System. With this knowledge Training continues to evolve! all Court Clerks was initiated in 2019 researched and developed a with such ease. After many years of curriculum that would best serve the Respectfully submitted, advocating for and developing the needs of the Court Clerks. Jane Curtiss, Co-Chair Awards mechanism for Mandatory Training, Committee it almost seemed impossible that it The relaxed manner and detailed Marie Falzone, Chair Awards could be initiated as seamlessly as style of teaching that both Al and Committee it has been. This is where Alex, Al, Alex utilize is one of the major Wendy Bates, Director and the rest of the team at the Office reasons why these classes have been Stacey Silker, Former Director of Justice Court Support came into so well received. They present an Vicky Coraci, Director play. environment where Court Clerks are Alex and Al have brought a vast comfortable asking questions and amount of knowledge and expertise provide answers in a non-judgmental to the development of both the manner. Their knowledge of the
Stuart Patchen PATCHEN STENO SERVICES LLC Partner TRI-STATE SERVICE PROVIDERS Eunice Patchen Partner/Court Reporter
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The Docket • Winter/Spring 2020 33 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com Awards Court Clerk of the Year Award 2019
Our 2019 Court Clerk of the Year was Tracey Moran. The award was presented by NYSAMCC President, Annie Raskoskie, on October 29, 2019 at the Wilton Town Court.
Tracey began part-time in the Wilton Town Court in 1992 and became full- time in 1995. She was Judge Worth’s Court Clerk up until his retirement earlier this year. When Judge Coseo took the Bench, she was instrumental in ensuring that the transition period went smoothly. Her Judge and Co- Court Clerks agree that she is a very loyal, professional, and dedicated Court Clerk. Tracey has preferred to fly under the radar, just doing her job to the best of her ability and never seeking any recognition. She was very shocked when she received the also enjoys photography and claims officers and staff, were present as this call advising her that Judge Coseo she only pursues it as a hobby, but award was presented at our Saratoga had nominated her and she had been she takes fabulous pictures and has County Magistrates and Court Clerks chosen. However, she takes care of several returning visitors to her home Association meeting. her mother on a regular basis and was studio. She is on the go most times, not able to commit to receiving her between taking care of everyone and Congratulations, Tracey Moran! award in Syracuse. working. Submitted by Admin. Assistant During her free time, Tracey spends Tracey’s husband, children, and Jennifer Miller a lot of time with her grandchildren grandchildren, as well as several (Lucas, 7, Devin, 3 and Lexi, 2). She
34 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. Awards Court Clerk of the Year Award 2019
Congratulations to Kelly DeSimone, Kelly also goes above and beyond our 2019 Court Clerk of the Year. to help her co-workers and Court Marie Falzone presented the award Clerks in surrounding areas. She Sunday night during our Annual has availed herself to help improve Conference held in Syracuse. the work processes, and the function and organization of her Court office. Kelly is a Court Clerk in the Village She has impressed not only her co- of Bronxville and has been a member workers, but her Judges with her of the NYSAMCC for 20 years. In knowledge and her professionalism. addition to her daily work, Kelly also takes part in assisting her Judge with Kelly’s two lovely daughters, Kristi the Judges’ Association Annual year DeSimone and Kari DeSimone, her end meeting. boyfriend Tom Serpe, and co-workers Paula Giglio and Linda Thomas were During her free time, Kelly volunteers all in attendance to see her receive for Puppies Behind Bars. Each puppy this great honor. Kelly’s daughter, Congratulations, Kelly DeSimone! must be exposed to normal day-to- Kristi, added a surprise by reading day surroundings with people and a letter giving special recognition to Submitted by Awards Committee children, as well as a vast array of Kelly from the Honorable George Marie Falzone environments including work, bank, McKinnis, Honorable George Mayer, Jane Curtis grocery stores, and other everyday Honorable William Primps, Police Wendy Bateman places. After several months the Chief Christopher Satriale, Village training ends, and Kelly attends Administrator James Palmer, Mayor their graduation where each puppy is Mary Marvin, and the Bronxville matched with a Veteran in need. Board of Trustees.
Nominate a Court Clerk Today
The Court Clerk of the Year award Complete the application for holds great honor for a Court Clerk. Court Clerk of the Year for 2020 It is a public recognition, from their and nominate that special Court fellow Court Clerks, for the devotion Clerk from your home town. The they have to this profession. This is application is located on our website: the Court Clerk who attends to the https://nysamcc.com needs of the both the community and other Court Clerks. This is the one in Submitted by; your jurisdiction who everyone knows Marie Falzone to call for answers to questions— the one who always goes above and beyond their assigned duties.
The Docket • Winter/Spring 2020 35 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com
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36 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc.
The Docket • Winter/Spring 2020 37 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com District News News from the Third Judicial District
Anyone who ever had contact with the Saugerties Town Court had contact with Rose Mary.
Think about it; 40 years in the same Court, doing the same job, well not Eileen Pistoria quite. 40 years ago there were no computers, everything was hand- It does not stop there for Town written or typed on a typewriter. All of Saugerties. Eileen Pistoria also dispositions were mailed, not sent decided to start her new adventure electronically. How many remember of retirement as well. Eileen had been Rose Mary Bach filling out the Blue copy from a ticket a clerk in the Town of Saugerties and mailing them to DMV? So much for 7 years. A member of both the Rose Mary Bach, Saugerties Town has changed over her time as a Court NYSAMCC and the Ulster County Court, Ulster County, has retired Clerk. Clerks Association, Eileen was after 40 years as a Court Clerk. It dedicated to her profession. The was my privilege to present her with Rose Mary changed with the times, Town of Saugerties Offices gave a a retirement certificate from the whatever was required to learn she beautiful luncheon for both ladies, NYSAMCC as well as from the Ulster did. She always shared her knowledge and I was honored to be invited County Court Clerk Association. and kindness with her fellow Court to recognize their dedication and Rose Mary was a member of both Clerks and all that passed through the expertise as Court Clerks. Associations and was instrumental Saugerties Town Court. Enjoy your in the creation of the Ulster County next adventure of retirement! Respectfully Submitted by Association in 1993. Annie Raskoskie. President
3rd District: Ulster County News
Dad. After the retirement the hand-written docket books and of Hon. DiDonato in 2001, cashbook ledgers, Tami can. Tami moved to the Town of Plattekill Court. For the past The retirement luncheon was held at 17 years Tami has clerked for the Gilded Otter restaurant in New the Honorable Annamaria Paltz. It was attended by many of our Maciocia. Ulster County Clerks, both Judge Maciocia and Judge Robert Murphy Now Tami is retiring after 37 (Town of Plattekill) and OCA liaison, years of service! How many Sue Bauman from the 3rd Judicial of us remember the DOS District. Tami was presented with based SEI program from certificates for her years of service On December 13, 2018 the Ulster the early 1990’s? Tami does. How from the Ulster County Court Clerks, County Court Clerk Association many of us can recite the mandatory The NYSAMCC and the Third honored fellow clerk Tami Cavazza. surcharges from years past or when Judicial District. We are sad to see Tami began as a clerk in 1981 for the suspensions fees came into play? her go but we wish her well in all her the Town of Marlborough under Tami can. How about entering those future endeavors. Justice Carl J. DiDonato, who is her old pink V&T tickets or recording in
38 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. District News 4th District Saratoga County News Some of the Saratoga County Court Clerks were a little nervous to attend our 1st large training, but we did!
On day one, almost the moment I walked in, I could tell it was going to be okay. It was as if the Court Clerks were coming back to a camp they loved and were greeted with screams of happiness and hugs. I joined in on the football games, as did so many others, while others played board games in the lounge. It was amazing how at home everyone was.
The next day when classes began, I already felt like I knew many attendees and instructors, and my mind was at ease. Day one of training I was blessed to find this group of girls. We were from all different backgrounds and all over the State, but we bonded fast over the four days of training in Syracuse. We all made many friends.
Cathy Leggett retired from the Halfmoon Town Court after 26 years of service as a Court Clerk. She worked part-time while her 3 boys were young and moved to full-time as they became older.
Originally from Burnt Hills, Cathy married David Leggett from Halfmoon. They worked a dairy farm in Halfmoon for many years.
Retirement will allow Cathy and her husband more time to enjoy re- purposing antiques and farm house finds. She loves music by James Taylor, Dan Fogelberg, and the Piano Guys. She also is one of Netflix’s Outlanders biggest fans. With this picture, not only did we celebrate our new friend’s special birthday, but the entire banquet broke out into the Happy Birthday song. Without sounding We will miss Cathy very much but are too corny, it was like a big family—one that could sing better than mine! so happy for her new chapter in life. As a first-time attendee, I don’t know if this experienced will ever compare to Christine Phillips another, but that’s okay. I look forward to walking into the next conference, here Halfmoon Town Court in my hometown, and greeting my friends like they’re coming back to “camp”.
Thank you all for the training and networking received. We all learned so much!
Tina Woodard Town of Milton Court Saratoga County
The Docket • Winter/Spring 2020 39 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com District News 6th District: Broome County News
Proceeding changes and Offices, and private attorneys our October meeting on gathered to give well wishes to Legislative changes. Janet Smith, Town of Chenango, on her retirement. Annie Raskoskie, The July meeting was NYSAMCC President, and Gillian opened to the entire Koerner, NYSAMCC Past-President, th 6 Judicial District surprised Janet and presented her and was well attended. with a certificate recognizing her 35 Chris Smith, Legal years of service. Congratulations on Services of Central your retirement, Janet! New York, presented an overview of the Submitted by: changes and discussion Mary Waibel ensued. The October Town of Vestal Court meeting was attended by a representative from each Court in the The Broome County Court Clerks County. Discussion of the upcoming Association reduced their meetings changes and their effect on our to 6 per year for 2019, adding a 7th Courts was held. meeting for further discussion on the upcoming legislative changes. In October, members from the Meetings of note for 2019 included Courts, Law Enforcement, District the July meeting on Summary Attorney and Public Defenders’
7th District Judicial News
The Cayuga County Magistrates and will soon need to have a Centralized We also continued the September Court Clerks Association meets the Arraignment Part (CAP) in place in discussion regarding bail reform third Thursday of each month from Cayuga County. pertaining to CAP arraignments September through May in various (although the Governor has still not th locations for dinner and discussion. The October 17 meeting featured signed our county’s CAP agreement), guest speakers from Auburn City discovery, and bail. Our guest speaker for the September Drug Court. They informed us of a 19th meeting was Supervising Judge $500,000 grant that was received Submitted by Shannon Pero. Judge Pero outlined which will allow two additional Wendy Bates and Vicky Coraci many of the new changes regarding positions to be filled: an outreach Cayuga County Co-Representatives bail reform, including the required coordinator who will assist the online classes for Judges that are Town Courts, and an intensive case to be completed before the new manager for persons at high risk laws take effect on January 1st. She for overdose. They will also have revisited the Raise the Age changes, someone performing after-hour drug and also discussed that, although still testing and more training. not passed by the Legislature, we
40 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. District News News from the Eighth District
2020 Legislative Criminal Reform. Guest speakers District Attorney John Flynn, Esq. and Justice Courts Bureau Chief Brian McNamara discussed the changes to Discovery and new procedures.
We are in the process of scheduling trainings for 2020, which will include the new mandatory training videos being taped in Albany in January. We ask Court Clerks to contact Jeannine Willson-Sikora, Court Analyst for OCA, or Marie Falzone, Director for NYSAMCC, if you have suggestions for elective class topics, as we hope to offer classes other than the mandatory classes throughout the year.
Keep an eye on our new website; With Mandatory Training being attendance. The speakers included www.nysamcc.com and our Facebook in full effect, the Eighth District District Executive Andrew Isenburg, page for Save the Date training scheduled group video viewings at the Chief Clerk of Erie County Family information. Ceremonial Courtroom in Buffalo, Court Kelly Buckley, and the Judge at Salamanca High School, and at of Erie County Family Court’s Youth Respectfully, Genesee Community College. Each Part, the Honorable Kevin Carter. Marie Falzone session was well attended. Director, NYSAMCC On November 16th, the Erie County The Annual Local Government Town and Village Justices and Court Conference held at Houghton College Clerks held a meeting to discuss the also offered some of the mandatory credit classes such as: Small Claims, 2019 Updates, and the Advanced Fiscal Recordkeeping and Reporting, as well as the elective classes: Justice Court Security—Active Shooter, and Driver Improvement.
On September 14, 2019, the Erie County Town and Village Justices and Court Clerks held a special Raise the Age Meeting at the Elma Town Hall to discuss updates to Raise the Age, the procedures to follow for Youth Part Arraignments that went into effect October 1, 2019, and Youthful Offender information. Nearly 100 Judges and Court Clerks were in
The Docket • Winter/Spring 2020 41 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com District News 9th Judicial District News
It was not exactly a quiet latter part A Records Management class was Banquet in Syracuse. Read more of 2019 as Court Clerks in the 9th held on August 14th in Westchester about Kelly’s milestone in the Clerk Judicial District, as well as across the County. Thank you to Jane Chin and of the Year article. State, were busy complying with the her staff who traveled up to Lewisboro st mandatory training requirements. In Town Court for a thorough overview On November 1 , over twenty addition to the many who attended the of record retention. Special thank Westchester Court Clerks attended a fall conference and online training, you to Court Clerk Robin Harris who very informative roundtable hosted by Court Clerks took advantage of the offered her spacious Courtroom for Pleasantville Court Clerk Stephanie several onsite training opportunities the training and supplied coffee and T. Austen and Assistant Court Clerk offered in the Counties of the 9th treats. Kristen Surace. The discussion lead Judicial District. Thank you to by board members Jackie Ricciardi Arielle Bryant, Special Counsel to the Congratulations to Kelly DeSimone, and Denise Cookingham centered on District Judge for Town and Village Bronxville Village Court, Westchester the new legislation. Courts, in assisting our members County, on winning Court Clerk of Submitted by with completing their training. the year. Kelly was presented with the award at the Association Award Denise Cookingham Stephanie Timm-Austen
42 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc.
FindaLawyerNYS.org The New York State Bar Association’s Lawyer Referral and Information Service provides referrals to private attorneys that charge fees.
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The Docket • Winter/Spring 2020 43 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com District News 9th Judicial District News
As the Putnam County Representative, I would like to wish Judge Louis DiCarlo a very happy and relaxing retirement! He has served his community as Town Justice for 26 years in the Town of Putnam Valley Justice Court, in the 9th Judicial District. His Court Clerk, Drisy Ruiz, will miss him very much...a man that hasn’t raised his voice in almost 10 years—as long as she’s been his clerk!
Prior to serving as Town Justice in Putnam Valley, Judge DiCarlo retired after 30 years of employment as a Law Clerk in the Westchester County Court. Judge DiCarlo is originally from Schenectady. A graduate of the University of Boston, he has been a longtime resident of the community he serves. He is happily married to Iris and they have two children, Justin and Jordan. Judge DiCarlo enjoys watching college sports in his spare time.
Submitted by, Cindy Paraggio Court Clerk, Philipstown Justice Court Putnam County Representative Docket Committee
**DON’T FORGET**
As we reach the end of calendar year 2019, REMEMBER to advise your TOWN that the COURT BOOKS ARE OPEN FOR REVIEW! It’s the Easiest Way To Comply with the UJCA! §2019-a for 2019
Contact Dan Kopach [email protected] at OJCS for more details
44 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. District News 10th Judicial District News
travel to Long Island for our group. We always learn something new from Tina and are so appreciative that she takes the time from her busy schedule to visit.
A very special thank you to Dennis and John Farrell. of FBS, who provided a delicious breakfast, lunch, The Nassau-Suffolk Court and desserts. FBS has always been a Clerk Association was very great supporter of the NYSAMCC as fortunate this year to have well as our group. Sergeant Robert Connolly, Commanding Officer of This year at the 39th Annual Nassau County Police NYSAMCC Conference in Syracuse, Department Homeland a large group of our Nassau Suffolk Security, speak at our Court Clerk Association members annual District 10 Training attended. We completed our credits held at the Cohalan Court and had fun as well! The Executive Complex, District Court of the few times we sat through any Board and Directors did an Building in Central Islip. presentation and no one looked their amazing job organizing a wonderful phone! conference. We learned, we socialized, The topic was “Situational Awareness we shopped, and we ate! Training.” Many Court Clerks As Court Clerks working in municipal throughout the State have attended buildings, we live with the threat of a As great as the conferences always are, similar seminars, including “How disturbed individual doing something the best part is getting quality time to Survive an Active Shooter Event” because they feel as though they were with fellow Court Clerks. We all deal at the 39th Annual NYSAMCC wronged. It is amazing how incensed with similar situations daily, and we conference in Syracuse. This is a people become over a parking ticket. always learn so much from our fellow topic you can never hear enough on. In the Village of Mineola, someone Court Clerks. We help each other learn once threatened to set themselves how to deal with certain situations, Sergeant Connolly held everyone’s on fire in the Court room over a give advice, compare war stories, attention from the moment he began $50 ticket. We do not know the and validate one another. Sometimes until the end, and several Court inner workings of someone’s mind, just lending a sympathetic ear is all Clerks waited to speak with him whether emotional, psychological, or someone needs. We empower one further. He touched on topics such both. We must be vigilant and have a another, which is how it should be. as Emergency Action Plans, Medical plan of action. Emergencies, Written/Email Bomb Submitted by: Threats, Telephone Bomb Threats, We were also fortunate to have Tina Elizabeth Bernardes, Recognizing the Threat, and See Richburg, OCA, speak about Access Village of Mineola, Debra Newham, Something Say Something. He was to Court Records. Tina is a wealth of Village of Patchogue. extremely engaging, and it was one knowledge and is always willing to The Docket • Winter/Spring 2020 45 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com
CONTACT INFORMATIONContact FOR DISTRICT Information AND COUNTY for District and District NewsCOURT CLERKCounty REPRESENTATIVES Court Clerk Representatives December 6, 2019 THIRD DISTRICT Dave Dellehunt– OCA Liaison SC [email protected] Sue Bauman [email protected] Court Clerk Annie Raskoskie [email protected] Albany County Patricia Thompson [email protected] Columbia County Ruth Wittlinger [email protected] Greene County Joan Vandenburgh [email protected] Marcia Puorro [email protected] Rensselaer County Lorraine Buchal [email protected] Schoharie County Arlene Needleman [email protected] Sullivan County Janelle Deppa [email protected] Bonnie Carnell [email protected] Ulster County Heather Blume [email protected] Maureen Corcoran [email protected] FOURTH DISTRICT Matt Chivers – OCA Liaison SC [email protected] Court Clerk Jane Curtiss [email protected] Clinton County Pam St. John [email protected] Essex County Cindy Anslow [email protected] Franklin County Sabrina Harrison [email protected] Fulton County Jayne Kaczor [email protected] Hamilton County Open… Montgomery County Jennifer Phillips [email protected] Shelly VanMeer [email protected] Saratoga County Jennifer Miller [email protected] Schenectady County Rebecca Mastroianni [email protected] St. Lawrence County Heather Kish [email protected] Tracy Villnave [email protected] Marc Armstrong [email protected] Warren County Nancy Earl [email protected] Kerrie Lewis [email protected] Washington County Michelle Hurlburt [email protected] FIFTH DISTRICT David Gideon – OCA Liaison SC dgideon@nycourts,gov Liaison Angela Speziale [email protected] Herkimer County Wendy Leach [email protected] Jefferson County Diane Gregory [email protected] Lewis County Aimee Murphy [email protected] Oneida County Sylvia Crandall [email protected] Onondaga County Sandra McKee [email protected] Mary Upwood [email protected] Oswego County Becky Denbleyker [email protected] Sheila Dayger [email protected]
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46 The Docket • Winter/Spring 2020 www.nysamcc.com NYS Association of Magistrates Court Clerks, Inc. CONTACT INFORMATION FOR DISTRICT AND COUNTY COURT CLERKContact REPRESENTATIVES Information for District and CONTACT INFORMATIONDecember FOR 6, 2019DISTRICT AND COUNTY SIXTH DISTRICTDistrict Joshua News ShapiroCOURT – OCA CLERK LiaisonCounty REPRESENTATIVES SC [email protected] Clerk Representatives Maureen Roberts – OCADecember Liaison 6, 2019 [email protected] CourtSIXTH ClerkDISTRICT KimJoshua Howard Shapiro – OCA Liaison SC [email protected]@nycourts.gov Broome County RobinMaureen Kratz Roberts – OCA Liaison [email protected]@courts.state.ny.us ChemungCourt Clerk County MaryKim Howard DeSo [email protected]@nycourts.gov ChenangoBroome County County PamelaRobin Kratz Wylubski [email protected]@nycourts.gov CortlandChemung County County MargaretMary DeSo Capps [email protected]@nycourts.gov DelawareChenango CountyCounty Pamela WylubskiOpen… [email protected] MadisonCortland County KimMargaret Howard Capps [email protected]@nycourts.gov OtsegoDelaware County County Open… SchuylerMadison County CarmellaKim Howard Hoffman [email protected]@nycourts.gov TiogaOtsego County County Cheryl Adams Open… [email protected] TompkinsSchuyler County County CindyCarmella Vicedomini Hoffman [email protected]@nycourts.gov SEVENTHTioga County DISTRICT ShannonCheryl Adams Pero – OCA Liaison SC [email protected] CayugaTompkins County County VickyCindy CoraciVicedomini [email protected]@nycourts.gov SEVENTH DISTRICT WendyShannon Bates Pero – OCA Liaison SC [email protected] LivingstonCayuga County County TerriVicky RiderCoraci [email protected]@nycourts.gov KolleenWendy BatesRedman [email protected]@nycourts.gov MonroeLivingston County County CoreyTerri Rider Stepanek [email protected]@nycourts.gov Ontario County TraceyKolleen Curry Redman [email protected]@nycourts.gov SenecaMonroe County County TerriCorey Sandifur Stepanek [email protected]@nycourts.gov SteubenOntario County County ChristiTracey JohnsonCurry [email protected]@nycourts.gov WayneSeneca County SaraTerri DeMaySandifur [email protected]@nycourts.gov SteubenYates County County Christi Johnson Open… [email protected] WayneEIGHTH County DISTRICT Sara DougDeMay Marky – OCA Liaison SC [email protected]@nycourts.gov CourtYates CountyClerks Gillian Koerner Open… [email protected] EIGHTH DISTRICT MarieDoug Falzone Marky – OCA Liaison SC [email protected]@nycourts.gov AlleganyCourt Clerks County PennyGillian ColemanKoerner [email protected]@villageofarcade.org WendyMarie Falzone Seely [email protected]@nycourts.gov CattaraugusAllegany County County LorettaPenny Coleman Close [email protected]@adelphia.net Chautauqua County ElizabethWendy Seely Davis [email protected]@nycourts.gov Cattaraugus County JulieLoretta Devlin Close [email protected]@nycourts.gov ErieChautauqua County County MarieElizabeth Falzone Davis [email protected]@nycourts.gov Genesee County PamJulie ThurberDevlin [email protected]@nycourts.gov NiagaraErie County County MariaMarie SicurellaFalzone [email protected]@nycourts.gov OrleansGenesee County County StacyPam Thurber J. Silker [email protected]@nycourts.gov WyomingNiagara County County GillianMaria SicurellaKoerner [email protected]@villageofarcade.org Orleans County Stacy J. Silker [email protected] Wyoming County Gillian Koerner [email protected]
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The Docket • Winter/Spring 2020 47 NYS Association of Magistrates Court Clerks, Inc. www.nysamcc.com
CONTACT INFORMATIONContact FOR DISTRICT Information AND COUNTY for District and District NewsCOURT CLERKCounty REPRESENTATIVES Court Clerk Representatives December 6, 2019 NINTH DISTRICT Arielle Bryant – OCA Liaison SC [email protected]
Court Clerk Denise Cookingham [email protected] Dutchess County Carolyn Harklerode [email protected] Yvette Walton [email protected] Orange County Wendy Michaels [email protected] Putnam County Cindy Paraggio [email protected] Rockland County Candyce Draper [email protected] Westchester County Denise Cookingham [email protected] Sonia Mercado-Jimenez [email protected] TENTH DISTRICT Lester Sean Wright–OCA Liaison SC (N) [email protected] Mary Porter – OCA Liaison SC (S) [email protected] Court Clerks Debbie Newham [email protected] Nassau County Elizabeth Bernardes [email protected] Suffolk County Debbie Newham [email protected]
Happy New Year
NYSAMCC, Inc. PO Box 161, Chittenango, NY 13037
48 The Docket • Winter/Spring 2020 Hundreds of New York courts rely on nCourt for streamlined There is a better solutions, and to help way to manage improve civic engagement. parking violations
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Web-Based Case Improved No Upfront Lettershop, Payments, Handheld Electronic Management Compliance Costs Collections Ticketing At the heart of our FBS clients achieve FBS requires no initial FBS handles all Handheld hardware Call 770.293.1835 to learn more. system is CaseTrax, consistently high com- investment. All start-up mailings and printing is an optional feature a next-generation pliance rates because costs are covered by through our full-service which expedites entry online control center. our system is so easy FBS including imple- lettershop. Our call into the system and nCourt provides high-tech, payment processing services for hundreds of New York courts Newly updated and to use—for court per- mentation, consulting, center and online pay reduces errors. Our and thousands of government agencies across the United States. nCourt offers: designed for New York sonnel as well as the training, data transfers, site accepts questions equipment is built State courts, this public. Our online pay and support. and payments. For to uncompromising • Multichannel Payment Options - citizens can pay through websites, our bilingual robust, user-friendly site allows violators to delinquent accounts, standards and holds tool refl ects our 30 pay fi nes or respond to we act as a third party up even under the Citizen Payment Center and IVR, mobile devices, and POS counter-top solutions. years of industry lead- notices 24/7. collection agency on toughest conditions. • Full integration capabilities with more than 50 major CMS partners. ing experience. your behalf. • Single transaction with one receipt for POS in-person-payments. • Full chargeback protection for credit / debit payments. Increase Revenue. Improve Civic Engagement. Increase Efficiency. Visit us online at www.fbsnet.com nCourt makes payment processing easy. Or call Dennis Farrell or John Farrell at 1.800.272.1635
Visit ncourt.com for more details about our product and services. © nCourt, LLC., all rights reserved. NYSAMCC-110119 THE DOCKET NYS Assn. Magistrates Court Clerks, Inc. PO Box 161 Chittenango, NY 13037
< www.nysamcc.com Winter/Spring 2020 NEW YEAR NEW LAWS GovPayNet.com Simplifying Government Payments. Go with a Proven Leader! 20+ years of experience in simplifying government payment services, with more than 2.2 million payments processed annually A wide variety of payment channels, including on-site, mobile/web, and 24/7 call center Customized solutions for clients, such as website integration and shopping cart functionality GovPayNet.com provides your constituents a convenient way to pay when it matters most, via a system that is highly secure yet simple for agencies to administer. From traffic citations to utilities to taxes, Debit Cards GovPayNet.com makes it easy to handle these obligations. facebook.com/ NYSAMCC To find out more about GovPayNet.com’s payment solutions call (888) 561-7888 or email us at [email protected].