About Town Court
The Justice Court
Town Courts, as well as Village Courts, are also known as Justice Courts. They are found throughout Upstate New York (none exist in New York City, which has a different court structure).
Of the approximately 3,150 judges throughout the New York State Unified Court System, approximately 1,830 are Town or Village Justices.
Most people will have their first and, perhaps, only court experience in a Town Court. This is due to the broad, more commonly encountered matters under the Town Court’s jurisdiction. These matters include vehicle and traffic tickets, landlord/tenant matters (evictions), local municipal code violations, civil lawsuits seeking up to $3,000.00 in damages (“small claims”) and criminal offenses.
Although the “Town Court” moniker implies cases of least significance, the actual cases heard in Town Court tremendously affect peoples’ lives and liberty in most significant ways.
Broad Jurisdiction, Serious Issues
It doesn’t get more serious than criminal charges.
Understanding the Arraignment Process
Initially, Town Justices preside over the arraignment of defendants charged with all levels of crime, from misdemeanors to felonies. An arraignment is the first proceeding at which an arrested individual is brought before a judge, who informs the individual of the charged crime(s), as well as the individual’s constitutional rights, including the right to counsel. The defendant, represented by counsel in virtually all instances by New York rules, enters a plea of guilty or not guilty. Depending upon charge(s) and/or the criminal record of the defendant, the Town Justice may then release the individual, release the individual under certain conditions or temporarily jail the individual (with monetary bail or with no bail) where New York law permits the Town Justice to exercise such discretion. Regardless of the defendant’s release status, the Town Justice may also issue or deny an Order of Protection in favor of the victim(s) of the alleged crime(s).
Jurisdiction Over County-Wide and Adjoining Town Arraignments
Significantly, Town Justices also have the jurisdiction to preside over the initial arraignments of most County-wide felony charges, as well as misdemeanor charges that arose in adjoining towns. In Dutchess County, Town Justices are on-call 24 hours a day and 7 days a week to handle such after-hours arraignments, as well as requests for search warrants. Police agencies often call upon the Justices of the Pleasant Valley Town Court to hold such County-wide felony or adjoining town misdemeanor arraignments when the judges of the originating jurisdictions cannot be reached on the phone or must recuse themselves.
Misdemeanor Trials and Sentencing
The Town Court adjudicates misdemeanor-level crimes through trial and sentencing, which could include up to 364 days in jail for each Class-A Misdemeanor conviction. In many instances, the misdemeanors that are ultimately adjudicated by the Town Court were originally charged as felonies and then subsequently reduced to misdemeanors by the prosecutor.
Town Justices as Acting Family Court Judges
Town Justices also serve as after-hours Acting Family Court Judges at times when Family Court is not in session. In cases involving domestic violence, Town Justices are authorized to issue orders of protection. Town Justices may also arraign on an Arrest Warrant issued by a Family Court Judge and remand a parent into police custody and jail for failure to pay child support, for example.
The Role of Town Court in Civil Cases
In civil cases, while a “small claim” may be small in terms of dollars, it is not small in terms of importance or effect when it comes to the people involved. There are strong feelings involved with vindicating your legal rights, whether you are being forced to prosecute a claim or forced to defend against one. A good judge should not be dismissive of these feelings but should be capable of managing them.
The Complexity of Small Claims Cases
Furthermore, just because a “small claim” is small does not necessarily mean that it is legally or factually easy to establish. The availability of “small claims” procedures in Town Court attempts to simplify the litigation process and lessen some of the burdens normally placed upon the litigants. As one example, small claims procedures enable the litigants to proceed without the need for attorneys. However, the absence of attorneys only makes it more critical that the presiding Town Justice possesses ample and diverse legal experience, as well as interpersonal skills.
Landlord-Tenant Disputes in Town Court
Finally, the Town Court hears virtually all landlord/tenant cases arising within geographical boundaries of the town. These cases, which concern the parties’ rights to occupy or control homes or other real property (and the significant financial responsibilities of renting or owning the same) are often the most contentious cases heard in Town Courts. Unlike small claims proceedings, there are no simplified procedural rules and no monetary limits in landlord/tenant proceedings. As a result, both sides of a landlord-tenant dispute often face many procedural and other legal hurdles from case commencement to judgment. Additionally, especially in large commercial cases, it is possible for landlord/tenant disputes in Town Court to involve several complex legal relationships and millions of dollars.