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Spring 2015 - the Magistrate 3 The Magistrate is a Publication of The New York State Magistrates Association 2015 Vol 55 No 1 GOING PAPERLESS? So are we…… Learn more about the new Document Scanning Module Attach scanned documents to cases List scanned documents with archived letters Print/view scanned documents directly from the case Backup scanned documents automatically Scanned documents are saved as standard PDF files Reduce paper clutter Reduce document access time Call today for pricing and system requirements The CourtRoom Program (585) 264-9240 Service Education, Inc. www.nyCourts.us 790 Canning Parkway, Suite 1 The Leader in Court Automation Victor, NY 14564 Since 1987 2. President’s Message PRESIDENT 3. Members of the NYSMA Outreach Committee HON. DENNIS G. QUINN 4. Executive Committee Highlights/Did You Know Town Justice, Champion 5. A Cautionary Tale About a Judge’s Recent Rejection of a “Letter of Dismissal ልሎ OFFICERS And Caution” - Stern Article President Elect 12. Letter to Judge Coccoma HON. HAROLD J. BAUMAN 14. In Memory Of… Town Justice, Liberty 16. Magistrates Member Benefits and Application Vice Presidents HON. SHERRY R. DAVENPORT 19. FDR nd the Washington Nine Town Justice, Summerhill 21. About My County Association HON. DAVID S. GIDEON Town Justice, DeWitt 24. Hurrell-Harring HON. MICHAEL A. PETUCCI 27. Advisory Committee of Judicial Ethics Town & Village Justice, Herkimer 30. Decision & Order Treasurer 33. Why Niagara Falls HON. JOHN P. TEIXEIRA Town Justice, Niagara 34. Quiz of the Month Executive Director/Secretary HON. TANJA SIRAGO Town Justice, Cairo DEUTERONOMY, CHAPTER 1 ልሎ And I charged your Judges at that time, Saying, DIRECTORS Hear the causes between your brethren, and judge righteously between every man and his brother, HON. ROGER L. FORANDO and the stranger that is with him. Town & Village Justice, Granville Ye shall not respect persons in judgement; HON. DAVID W. KOZYRA but ye shall hear the small as well as the great; Town Justice, Marcy ye shall not be afraid of the face of man; for the judgement is God’s: and the cause that is too hard for you, HON. THOMAS A. PUTNAM Town Justice, Sodus bring it unto me, and I will hear it. HON. JONAH TRIEBWASSER Town & Village Justice, Red Hook SELECTED CANONS FROM THE CODE OF JUDICIAL CONDUCT HON. KARL E. MANNE Town & Village Justice, Herkimer 100.5 A Judge or Candidate for Elective Judicial Office Shall Refrain From Inappropriate HON. CARRIE A. O’HARE Political Activity Town Justice, Stuyvesant (A) Incumbent Judges and Others Running for Public Election to Judicial Office HON. ALBERT E. RAYMOND, III Town Justice, Berne (ii) appear in newspaper, television and other media advertisements supporting his or her HON. DENNIS W. YOUNG candidacy, and distribute pamphlets and other promotional campaign literature supporting his or Town Justice, East Otto her candidacy; HON. KENNETH OHI JOHNSEN (iii) appear at gatherings, and in newspaper, television or other media advertisements with the Town & Village Justice, Herkimer candidates who make up the slate of which the judge or candidate is a part; HON. DAVID A. MURANTE (iv) permit the candidate’s name to be listed on election materials along with the names of Town Justice, Ogden other candidates for elective public office; HON. THOMAS J. SHEERAN Town Justice, Lewiston HON. JOSEPH J. SPERBER Published by The New York State Magistrates Association Town Justice, East Williston 163 Delaware Ave., Suite 108 • Delmar, NY 12054 Subscriptions $25.00 per year. Immediate Past President Reprints of past articles are available at $4.00 per article. HON. AMEL S. JOWDY, JR. Town Justice, Cambria © Copyright 2015 New York State Magistrates Association, All Rights Reserved The views and conclusions expressed in articles herein are those of their authors and ልሎ do not necessarily reflect the opinions of the New York State Magistrates Association. EDITORIAL BOARD Comments or opposing views are invited. Publication will be at the discretion of the editor. Hon. Robert G. Bogle, Editor Hon. Timothy J. Cooper In consideration of the acceptance of the advertisement, the advertiser must in respect Hon. Roger L. Forando of the contents of the advertisement defend, indemnify and save the Publisher harmless Hon. David O. Fuller, Jr. against any expense arising from claims or actions against the Publisher because of the Hon. Jonah Triebwasser publication of the contents of the advertisement. Hon. Edward G. Van Der Water Hon. Tanja Sirago SMA Members Call Your Association Toll Free: 1-800-669-6247 Hon. Richard M. Parker Email: [email protected] WEBSITE: www.nysma.net Cover Design by Tracy Fisher 2 PRESIDENT’S MESSAGE Hon. elcome to spring… this Court as follows to determine whether the proposed Dennis G. Quinn ….hopefully. The settlement is fair, reasonable, adequate and in the best Wwinter season cannot interest of the Class and should be approved by the Court, end soon enough. The snow and determine any other relevant matters that the Court and frigid temperatures are, deems appropriate.” This document is published in this with any luck, behind us. Two edition of The Magistrate. days in February, Watertown, New York, Jefferson County Judge Barlet and Hon. David Gideon, Second Vice had the distinction of having President, testified at the first hearing, which was held on the lowest temperature in the January 7, at the Supreme Court, Onondaga County, lower 48 states, -34 degrees Syracuse, NY. It should be noted, NYSMA was the ONLY and -36 degrees, without taking organization in New York State that objected to the into consideration wind chill. settlement and requested to be heard on the matter. I continue to attend as many county meetings as possible. The last of the four public hearings was held on January Special recognition and thanks go to Hon. Harold 15th in Albany, NY. Judge Barlet, Hon. Tanja Sirago and Bauman, President-Elect, and Hon. Sherry Davenport, I attended. The presiding judge, Hon. Gerald W. Connolly, First Vice-President, for representing NYSMA at the Acting Supreme Court Justice recognized Judge Barlet Orange County Magistrates meeting and Cayuga County who reinforced our objections. Judge Connolly agreed Magistrates meetings respectively. I was not able to that NYSMA should be included in the planning process attend, but the Association was fortunate to be represented of the settlement. NYS Office Indigent Legal Services by two very qualified individuals. is responsible for implementation. Also present at the hearing was William J. Leahy, Director, NYS Office December began with a meeting with Hon. Michael Indigent Legal Services and representatives from the New Coccoma, Deputy Chief Judge, to discuss the current state York Civil Liberties Union. of the Action Plan for Justice Courts. Joining me were Hon. Edward Van Der Water and Hon. Tanja Sirago, Due to the efforts of Judge Barlet and Judge Gideon, the Executive Director – NYSMA. Together we reviewed NYSMA will be part of the process to implement the objectives and identified the accomplishments, objectives changes this settlement will require. We are fortunate to that are in progress and those that still need to be addressed. have individuals like Judge Barlet and Judge Gideon willing to put forth their time and efforts. The Board of Directors met on December 6, 2014, in Fayetteville, New York. We were joined by the Hon. The Legislative Committee is planning to visit the Michael Sterio, Town Justice, Town of Oswego. He was Capitol District to promote the Association’s Legislative invited to participate in the business and issues brought objectives. One of the legislative changes we have been before the Association. We appreciated his willingness to advocating is the amendment of the ABC Law 65-C. As attend and offer his input. of this printing, a new bill, S3600-2015, is currently in the Alcoholism and Drug Committee. The bill would On December 19, 2014, the Hon. Peter D. Barlet, on authorize courts to render default judgments in cases of behalf of the NYSMA, filed the Objection to Settlement failure to answer for unlawful possession of an alcoholic in the case of Kimberly Hurrell-Harring vs. The State of beverage with the intent to consume by persons under the New York. On October 21, 2014, the Stipulation and Order age of twenty-one years. We hope that this bill will finally of Settlement had been signed by the parties. Then in be passed by the Assembly. Be sure to contact your November the Court issued Amended Order Concerning legislative representatives asking them for their support Class Notice and Other Matters pertaining to this case. In of this bill. that Notice, Fairness Hearings were to be “held before Spring 2015 - The Magistrate 3 On February 17th, I had the opportunity to be present for If your county president has changed recently, please the State of the Judiciary, presented by the Honorable advise the Executive Director. Jonathan Lippman, Chief Judge of the State of New York. The theme of his presentation was Access to Justice: In closing, be sure your training credits are up to date Making The Ideal A Reality. Items of special interest and your oath of office is complete. Please forward include Grand Jury Reform, A Statement of Policy on your suggestions, comments and questions to the Civil Gideon and Indigent Criminal Defense. The Chief Delmar office. Judge’s legislative priorities are Juvenile Justice, Bail Reform and Wrongful Convictions. The entire presentation is available at: https://www.nycourts.gov/ctapps/news/SOJ-2015.pdf. The Conference Committee is working diligently to plan our conference next September 27th – 30th in Niagara Falls. Please save the dates. Members of the NYSMA Outreach Committee Members of the NYSMA’s Outreach committee were present at the New York State Association of Towns Conference held in Manhattan, New York City, February 15th to 18th, 2015.
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