Jefferson County Judges: NNY Communities Deserve Fair Share of New York State Reimbursements
Content
JEFFERSON COUNTY MAGISTRATES AND COURT CLERKS
ASSOCIATION
JUDGE JANET BRICK, PRESIDENT
Justice, Clayton Town & Village Courts
CLAYTON, NY 13624
For Immediate Release
October 19, 2015
JEFFERSON COUNTY JUDGES: NNY COMMUNITIES DESERVE FAIR
SHARE OF NYS REIMBURSEMENTS
The Jefferson County Magistrates and Court Clerks Association is seeking
legislative support to “remedy a great injustice which the municipalities of
Jefferson County and several other counties in New York State are
experiencing.”
In a letter to Jefferson County’s state legislators, the Association said “the
State Comptroller recently released the Annual Justice Court Rankings which
reveal how the monies generated by all of the state’s Justice Courts are
distributed (by the State) and once again this year it reveals the shockingly
inequitable way in which some local municipalities are being treated. “
The letter was addressed to State Senator Patty Richie and Assembly
members Addie Russell, Ken Blankenbush and William Barclay by Association
President Janet Brick, Justice of the Clayton Town and Village Courts. The
association represents Judges and their court clerks throughout the county.
Local Justices have been asked to share the letter with their Town
Supervisors, County Legislators and Mayors to enlist their support.
“Overall in New York State, 50.2% of the monies generated by the local
Courts are being distributed to the municipalities in which the courts are
located. In Jefferson County, that number is 29.1% and in the Fifth Judicial
District (in which Jefferson County is located) that number is 34.8%; contrast
that to counties like Westchester at 63.4% and Nassau at 84.6%,” the
legislators were told.
“The key to determining the distribution is very convoluted and would make
even the most seasoned accountant confused,” the letter said, adding “an
example of this from the Justice Court Fund’s “Handbook for Town and
Village Justices and Clerks” will provide a case in point:
“The revenue distribution for speeding is further complicated by the location
i.e. whether it is a state-regulated road, a state parkway, within a state park
or within a speed zone legally established by a town or village having
a population in excess of 50,000 and subject to a maximum recovery of $5
per
capita for each year commencing on July 1 EXCEPT that violations of speed
limits on bridges imposed pursuant to VTL 1163 should be reported as local
ordinance speeding and fines imposed thereunder are not subject to the per
capita limitation.”
Jefferson County Magistrates and Court Clerks Association
Page 2
The Association letter proposes that “all municipalities get the same flat
rate.”
The legislators were told that an equitable reimbursement would have four
immediate effects:
“The distribution will be equitable. For example, no longer
would the Town of LeRay have to settle for just $88,000 of the
$400,000 which its court generates while the Village of Valley
Stream gets $1,888,123.75 of the $1,926,897.75 which their
court generates.
“It would remove the temptation which currently exists in
which officials might inappropriately ‘suggest’ Justices and the
representatives of the District Attorney’s Offices offer plea
reductions; a prime example of that is the reduction of
speeding tickets to local parking violations (for the sole
purpose of allowing the municipality to keep the fine money)
in lieu of dispensing justice. Such plea reductions are not in
the interest of justice.
“Such a system would reduce the frequent practice of
expecting Justices to provide revenue for the Towns and
Villages instead of dispensing justice – which they were
elected to do.
“This system would provide increased revenue to the Towns
and Villages of
Jefferson County.”
“Unfortunately this practice has been going on for too long,” the Association
letter to the legislators said, “we are hopeful that with your help, we can
bring this unfair financial distribution practice to the forefront.”
Justice Brick concluded, “I encourage you to review the Justice Court
Rankings by logging on to osc.state.ny.us and then click on “Local
Government” and finally “Local Government Data”. You will be as
incensed as the Jefferson County Justices and their Court Clerks.”
#
(Editors: Letter follows as attachment)
ASSOCIATION
JUDGE JANET BRICK, PRESIDENT
Justice, Clayton Town & Village Courts
CLAYTON, NY 13624
For Immediate Release
October 19, 2015
JEFFERSON COUNTY JUDGES: NNY COMMUNITIES DESERVE FAIR
SHARE OF NYS REIMBURSEMENTS
The Jefferson County Magistrates and Court Clerks Association is seeking
legislative support to “remedy a great injustice which the municipalities of
Jefferson County and several other counties in New York State are
experiencing.”
In a letter to Jefferson County’s state legislators, the Association said “the
State Comptroller recently released the Annual Justice Court Rankings which
reveal how the monies generated by all of the state’s Justice Courts are
distributed (by the State) and once again this year it reveals the shockingly
inequitable way in which some local municipalities are being treated. “
The letter was addressed to State Senator Patty Richie and Assembly
members Addie Russell, Ken Blankenbush and William Barclay by Association
President Janet Brick, Justice of the Clayton Town and Village Courts. The
association represents Judges and their court clerks throughout the county.
Local Justices have been asked to share the letter with their Town
Supervisors, County Legislators and Mayors to enlist their support.
“Overall in New York State, 50.2% of the monies generated by the local
Courts are being distributed to the municipalities in which the courts are
located. In Jefferson County, that number is 29.1% and in the Fifth Judicial
District (in which Jefferson County is located) that number is 34.8%; contrast
that to counties like Westchester at 63.4% and Nassau at 84.6%,” the
legislators were told.
“The key to determining the distribution is very convoluted and would make
even the most seasoned accountant confused,” the letter said, adding “an
example of this from the Justice Court Fund’s “Handbook for Town and
Village Justices and Clerks” will provide a case in point:
“The revenue distribution for speeding is further complicated by the location
i.e. whether it is a state-regulated road, a state parkway, within a state park
or within a speed zone legally established by a town or village having
a population in excess of 50,000 and subject to a maximum recovery of $5
per
capita for each year commencing on July 1 EXCEPT that violations of speed
limits on bridges imposed pursuant to VTL 1163 should be reported as local
ordinance speeding and fines imposed thereunder are not subject to the per
capita limitation.”
Jefferson County Magistrates and Court Clerks Association
Page 2
The Association letter proposes that “all municipalities get the same flat
rate.”
The legislators were told that an equitable reimbursement would have four
immediate effects:
“The distribution will be equitable. For example, no longer
would the Town of LeRay have to settle for just $88,000 of the
$400,000 which its court generates while the Village of Valley
Stream gets $1,888,123.75 of the $1,926,897.75 which their
court generates.
“It would remove the temptation which currently exists in
which officials might inappropriately ‘suggest’ Justices and the
representatives of the District Attorney’s Offices offer plea
reductions; a prime example of that is the reduction of
speeding tickets to local parking violations (for the sole
purpose of allowing the municipality to keep the fine money)
in lieu of dispensing justice. Such plea reductions are not in
the interest of justice.
“Such a system would reduce the frequent practice of
expecting Justices to provide revenue for the Towns and
Villages instead of dispensing justice – which they were
elected to do.
“This system would provide increased revenue to the Towns
and Villages of
Jefferson County.”
“Unfortunately this practice has been going on for too long,” the Association
letter to the legislators said, “we are hopeful that with your help, we can
bring this unfair financial distribution practice to the forefront.”
Justice Brick concluded, “I encourage you to review the Justice Court
Rankings by logging on to osc.state.ny.us and then click on “Local
Government” and finally “Local Government Data”. You will be as
incensed as the Jefferson County Justices and their Court Clerks.”
#
(Editors: Letter follows as attachment)
