Relates to the location of presiding judge at arraignment, appearance proceedings and pursuant to a warrant.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Griffo
Excused (1): Squadron
TITLE OF BILL: An act to amend the uniform justice court act, in relation to the location of the presiding justice in certain circumstances
Relates to the location of presiding judge at arraignment, appearance proceedings and pursuant to a warrant
SUMMARY OF PROVISIONS:
Section 1. Amends section 106 of the uniform justice court act to provide that for purposes of arraignments, appearance proceedings or pursuant to warrant, a town or village justice may preside anywhere in the county given specified conditions.
Section 2. Effective Date
Currently, a justice from a town where a misdemeanor offense occurs is called first, and if he/she is not available, police are limited to a justice from a contiguous municipality. In some instances, this has not provided an appropriate fail safe for timely arraignments. In fact, it has been reported, that on occasion, town justices were unavailable or unable to respond to police requests to perform arraignment. This not only leads to court inefficiencies but also consumes the time of law enforcement while waiting for a justice to be located to arraign the perpetrator.
In general, informal agreements are utilized to make sure that a justice is available at all times, however, this has not proven to be reliable in some instances. This bill allows the chief administrator of the courts to create a formal emergency plan that would include a system of backup justices available when all other options have been exhausted.
S. 6665 of 2012: Referred to Judiciary
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4336 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________Introduced by Sen. YOUNG -- (at request of the Legislative Commission on Rural Resources) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the uniform justice court act, in relation to the location of the presiding justice in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 106 of the uniform justice court act, as amended by section 1 of part L of chapter 56 of the laws of 2010, is amended to read as follows: 1. A justice may hold court anywhere in the municipality including in the case of a town justice anywhere within a village wholly or partly contained within the town of which he is a justice regardless of whether or not said village has a village court and in the event two or more contiguous villages maintain offices in the same building, a village justice of any such village may hold court in such building, notwith- standing that the building is outside the boundaries of such village. A town justice may hold court in an adjacent town providing such justice has been elected or holds office pursuant to a plan established by resolution which was adopted pursuant to the provisions of section one hundred six-a of this article or the provisions of section one hundred six-b of this article. A justice may hold court in one or more munici- palities that form a contiguous geographic area, including in a town and one or more villages each of which is wholly or partly contained within such town, within the same county providing there is an agreement between such municipalities pursuant to article
[five-g]FIVE-G of the general municipal law to hold all court proceedings in any of the such municipalities in a courtroom or other suitable facility open to the public. FOR PURPOSES OF ARRAIGNMENTS, APPEARANCE PROCEEDINGS OR PURSU- ANT TO A WARRANT, A JUSTICE MAY PRESIDE ANYWHERE IN THE COUNTY PROVIDED THAT:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04956-01-3 S. 4336 2
A. A JUSTICE CANNOT BE SECURED IN THE MUNICIPALITY WHERE THE INCIDENT OCCURRED; B. THE RECEIVING MUNICIPALITY HAS BEEN CONTACTED AND CANNOT SECURE ANY OF THE JUSTICES WITHIN THE CONTIGUOUS BOUNDARY; AND C. THE JUSTICE IS ASSIGNED PURSUANT TO AN EMERGENCY PLAN THAT MAY BE ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS WITHIN THE JURIS- DICTION WHEN THE REQUIREMENTS UNDER PARAGRAPHS A AND B OF THIS SUBDIVI- SION HAVE BEEN EXHAUSTED. S 2. This act shall take effect immediately.