The Magistrate is a Publication of The New York State Magistrates Association March 2012 Vol 52 No 1 EXCITING NEW FEATURE Online Credit Card Payments Enabled By nCourtTM Reduce Scofflaws Pay tickets online 24/7 No more bounced checks Pay tickets in multiple courts Download payments with the click of a button Reports for tracking online payments Batch print / email receipts Reduce your workload Payments guaranteed No cost to the court The CourtRoom Program (585) 264-9240 Service Education, Inc. www.nyCourts.us 790 Canning Parkway, Suite 1 The Leader in Court Automation Victor, NY 14564 Since 1987 PRESIDENT 2. President’s Message HON. PETER D. BARLET Town Justice, Warwick 3. Executive Committee Highlights AVJ, Warwick – Florida AVJ, Geenwood Lake 4. Stern Article: Ticket Fixing is Serious Misconduct ልሎ OFFICERS 8. Effective Interm Probation President Elect 10. NYSMA 2012 Conference HON. GARY A. GRABER Town Justice, Darien 14. About My County Association Vice Presidents HON. AMEL S. JOWDY, JR. 16. Failure To Appear: Nebraska Study Suggests Some Remedies Town Justice, Cambria 17. Legal Update Criminal Procedure, Evidence and Felony Prosecution HON. DENNIS G. QUINN Town Justice, Champion 18. Justice on Basketball Court HON. DAVID A. MURANTE Town Justice, Ogden 20. Quiz of the Month Treasurer HON. HAROLD J. BAUMAN Town Justice, Liberty Correction from the last issue: On page 21 “How A Nominee for Justice of the Peace Executive Director/Secretary Established Judicial Review” should have had by the Honorable Harold J. Bauman TJ Liberty. HON. TANJA SIRAGO Town Justice, Cairo ልሎ DEUTERONOMY, CHAPTER 1 DIRECTORS And I charged your Judges at that time, Saying, HON. KEVIN J. ENGEL Hear the causes between your brethren, Town Justice, East Greenbush and judge righteously between every man and his brother, HON. WILLIAM F. F RANKS and the stranger that is with him. Town Justice, Stony Point Ye shall not respect persons in judgement; but ye shall hear the small as well as the great; HON. JOYCE A. MAHONEY Town Justice, Seneca Falls 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 SCHROEDER bring it unto me, and I will hear it. Village Justice, Ballston Spa HON. LINDA A. BEDARD Town Justice, AuSable SELECTED CANONS FROM THE CODE OF JUDICIAL CONDUCT HON. TIMOTHY E. COX §100.4 A Judge shall so Conduct the Judge’s Extra-Judicial Activities as to Minimize the Risk of Town Justice, Olive Conflict with Judicial Obligations. HON. WILLIAM PRICE, JR. Town Justice, Southold (E) Fiduciary Activities. HON. JOHN P. T EIXEIRA Town Justice, Niagara (1) A full time judge shall not serve as executor, administrator or other personal representative, HON. SHERRY R. DAVENPORT trustee, guardian, attorney in fact or other fiduciary, designated by an instrument executed after Town Justice, Summerhill January 1, 1974, except for the estate, trust or person of a member of the judge’s family, or, with HON. DAVID S. GIDEON the approval of the Chief Administrator of the Courts, a person not a member of the judge’s Town Justice, DeWitt family with whom the judge has maintained a longstanding personal relationship of trust and HON. HERBERT NEEDLEMAN confidence, and then only if such services will not interfere with the proper performance of Village Justice, Richmondville judicial duties. HON. MICHAEL A. PETUCCI Town Justice/Village Justice, Herkimer & AVJ Ilion Published by Immediate Past President The New York State Magistrates Association HON. H. JOHN KRAMER 163 Delaware Ave., Suite 108 • Delmar, NY 12054 Town Justice, Delaware Subscriptions $25.00 per year. ልሎ Reprints of past articles are available at $4.00 per article. © Copyright 2012 New York State Magistrates Association, All Rights Reserved EDITORIAL BOARD The views and conclusions expressed in articles herein are those of their authors and Hon. Robert G. Bogle, Editor do not necessarily reflect the opinions of the New York State Magistrates Association. Hon. Linda A. Bedard Comments or opposing views are invited. Publication will be at the discretion of the editor. Hon. Timothy E. Cox Hon. Joyce A. Mahoney SMA Members Call Your Association Hon. Richard M. Parker Toll Free: 1-800-669-6247 Hon. Michael A. Petucci Email: [email protected] WEBSITE: www.nysma.net Hon. Dennis G. Quinn Hon. Tanja Sirago Cover Design: Tracy Fisher Hon. Edward G. Van Der Water 2 PRESIDENT’S MESSAGE Hon. ne of my greatest same for a case seeking $3,000.00 as they are for a Peter D. Barlet pleasures in serving case requesting $15,000.00. Second, if our caseloads Oas the President of increase with an increase in the jurisdictional limits, our Association, is the then, as I see it, we are simply fulfilling our mission to ability to meet so many of meet the continuing needs of our local communities - you during my visits to the and that while it may be impossible to know or predict various County Associations any of these things for sure, the only clear imperative throughout the state. These here is that we try. I say this since those reading my meetings not only reaffirm previous columns have repeatedly asked me, and have my feeling that Town good reason to ask themselves: where are our Courts and Village Judges remain going in the future? extremely committed to the process and principles of Justice, but also that our In answering this question, I would respectfully point State Association plays a unique role in advocating out the following: for the interests of an increasingly diversified, decentralized and largely autonomous system of We have before us a proposal to merge all the Courts Town and Village courts. into a Supreme Court, City Court and a Statewide District Court System. The place for Town and These, at least, will be the points that I will seek to Village Courts in this plan seems uncertain, but convey to the Hon. Gail Prudenti, who is our State’s should such a restructuring pass by Constitutional newest Chief Administrative Judge, when we meet in amendment, it is clear that the ability to replace our her office a few weeks from now. system would only be a matter of time. These were also the points that the Hon. Gary Graber, We also have before us a proposal to shift jurisdiction our President–Elect and the Hon. Harold Bauman, over 16 and 17 year old defendants to the Family our legislative Chair and others sought to carry to Court, or a to a special-type criminal court using Judge Coccoma and many Senators and Assembly Family Court concept for adjudicating cases. Members when they met with them in Albany on January 30 and 31 to discuss our legislative agenda. Finally, we have before us a call for all arraignments conducted in the Town and Village Courts to require One of these legislative items is very new and I the presence of defense counsel. Notwithstanding wanted to discuss that in some detail with you. It the benefits of a speedy arraignment and the total involves a proposal to increase the civil jurisdiction of impracticality of carrying out such a mandate in the Town and Village Courts to that of the City almost every jurisdiction in which our Courts Courts, which are our counterpart in the state-paid currently sit, the possibility remains clear that this court system. The proposal which was discussed and requirement may be either imposed upon us by rule, approved by your Association’s Executive Committee or by decisional authority arising from a review of at our December 10, 2010 meeting, exempt commercial fundamental Constitutional rights on this issue. cases, but would increase our authority over civil cases to $15,000.00 from the current $3,000.00 limit In the face of this reality, I suggest that we attempt to and raise small claims jurisdiction to $5,000.00. ensure the continuation of the Town and Village Court system by using our own strengths to do so. While this may seem like a huge departure, it really is Among our greatest attributes remain the skill, not. First, the principles governing civil cases are the dedication and availability of our member to assist Spring 2012 - The Magistrate 3 their communities in the issues which come before and I wanted you to understand why we took this our Courts. We may not feel comfortable in changes action and the considerations given in doing so. I to the types of cases we have traditionally handled, know that each of you understand the future risks but that does not mean that we should hesitate in involved and I trust you understand the actions suggesting ways to extend the good work we do into of your Executive Board in meeting those risks other less comfortable, but equally important areas head-on. of concern. The latter point, at least, was the one adopted With warmest personal regards to all, by your Executive Committee in our December meeting Peter D. Barlet Executive Committee Highlights ighlights of the December 10, 2011 The 2012 NYSMA Budget was presented and Executive Committee Meeting held at the approved. HGideon Putnam, Saratoga Springs, NY are presented for your information. Judge Jowdy presented Resolution #15 of the Association of Towns regarding Surcharges to Fund President Barlet welcomed all attendees and reported the Justice Courts and Town Prosecutors. A motion on his County visits with Schoharie and Oswego. He was made by Judge Cooper that we support the thanked Judge Pettucci for representing him in concept of increasing revenue to the courts but can Herkimer County and President Elect Judge Graber not ethically take a position on the specifics.