NEW YORK’S TOWNS AND VILLAGES COURT CONSOLIDATION
by Chairman Henry Smith, Jr.
The fund for Modern Courts is an independent nonpartisan statewide court reform organization committed to improving the court system for all New Yorkers. Modern Courts supports a judiciary that provides for the fair administration of justice, equal access to the courts, and that is independent, highly qualified and diverse. By research, public outreach, education and lobbying efforts, Modern Courts seeks to advance the goals and to insure that the public confidence in the judiciary remains strong.
The town and village courts are part of the unified court system, as provided by the New York State Constitution. There are over 1900 justices in more than 1270 justices across New York. The courts are financed and administered, for the most part, at the town and village level.
In 2007 legislative session, the New York Legislature passed legislation, and the Governor signed into law, providing for greater statewide resources for the training of judges, and expanded the opportunity for justice courts in a given way to consolidate.
Under existing law, justices are only required to be 18 years old and a resident of their community to serve on the bench. The Special Commission’s recommendations would increase these credentials, upping the age to 25 and requiring justices to hold at least a two-year degree from an accredited college or university. The new standard would not apply to sitting justices. In New York, a non-attorney justice can apply jail sentences of up to one year and no more than $3,000. Of the 50 states, 33 states allow non-attorney justices to reign over courts. In 20 of the 33 states, non-attorney justices are able to officiate in criminal trials.
In an effort to reduce redundancy, the Special Commission is urging the creation of county-base panels that would consolidate local justice courts when it is deemed advantageous. By reducing justice courts by as much 40 percent the need for tax dollars would decrease and efficiency would increase.
Rather than leaving it up to the towns and villages, the Special Commission is recommending the Legislature create a “statewide effort” aimed at decreasing the number of justice courts. Thanks in advance.
Henry Smith Jr