"Justice court reform?"
State Senator George H. Winner, Jr.

The New York Times caused quite a stir throughout the New York State judiciary late last year when it ran a series of articles under the heading "Broken Bench." This eyeopening and, in some instances, startling series of investigative reports highlighted shortcomings (to say nothing of isolated cases of incompetence, unfairness and downright corruption) in some local justice courts in some communities in New York State.

Let me stress some communities, because that's what's important to remember about the Times series. It simply can't be viewed as a reflection of our entire system of town and village justice courts.

It's a system dating back to the 17th and 18th centuries. Today it encompasses roughly 1500 justice courts presiding over non-felony criminal and motor vehicle prosecutions, small civil claims and landlord-tenant disputes. These courts provide a significant source of local and state revenue, and their ability to process cases and information promptly is essential to maintaining a statewide comprehensive criminal history database. In my view, our local courts continue as a viable and valuable institution. While the Times series surely highlighted some real "bad apples" that can make the whole setup look broken, it just doesn't warrant the calls for abolition that have arisen.

That doesn't mean the Legislature shouldn't consider reforms to make the system more accountable, effective and efficient. We should, and we are. In 1999, the Legislature created the Justice Court Assistance Program which has provided valuable funding since then to modernize and equip town and village court operations.

Late last year New York State Chief Judge Judith S. Kaye unveiled a comprehensive court reform action plan. As a follow-up, a Special Commission on the Future of the New York State Courts is currently conducting several statewide public hearings to gather public input on the plan from citizens, lawmakers, law enforcement officers, court officials and others who might offer fresh perspectives and expertise on town and village justice courts. One of these hearings was recently held in Ithaca, at the Old Tompkins County Courthouse, and I had the opportunity to testify on several initiatives I'm advocating, as chairman of the State Legislature's Commission on Rural Resources, to improve the effectiveness and efficiency of town and village justice courts.

Let me be clear about where I stand on the justice court system by sharing the following portion of my recent testimony: "The action plan concludes that the abolition of the justice court system does not serve the interests of the people of the state. I agree and believe we should take the steps required to improve the justice court system. I am sure town and village officials and members of the public appreciate and support your efforts as well.."

New York State's Justice courts consider nearly 3 million cases annually and last year alone collected nearly $212 million in fees and fines. These courts are wellingrained and long-standing in our judicial structure and my purpose in testifying was to highlight several initiatives developed by the Rural Resources Commission, following discussions earlier this year with the state Office of Court Administration, to address some of the challenges facing the courts.

For example, the Senate this year unanimously approved legislation I sponsor to allow two or more adjacent towns to elect a single justice to preside over their town courts. It's a measure that's in tune with a commitment to shared services that we continue to encourage at the local level. Current state law allows for the combining of town justice courts, but that may not be convenient if it forces residents or law enforcement officers to travel a greater distance to a new, combined town court. Other ideas getting attention includes legislation to increase the maximum grant awards provided to local justice courts through the Justice Court Assistance Program from $20,000 to $30,000; provide training and ongoing education for town and village justices and nonjudicial personnel; and authorize temporary assignments in justice courts.

While the New York Times was critical of the state's system of justice courts, I was glad to be able to defend our local courts, overall, for "providing a fair and accessible system of justice."