Justice Courts
Encyclopedia
Justice Courts are courts in New York State
, that handle traffic tickets, criminal matters, small claims
and local code violations such as zoning
. Though justice courts constitutionally are part of the New York State Unified Court System
, state law generally makes justice courts independent of New York's Office of Court Administration (OCA) and instead makes Justice Courts the responsibility of their sponsoring localities. Town justice courts are often called Town Court, and village justice courts are often called Village Court. City courts in New York State handle mostly the same types of cases but are not justice courts.
The official title for Judge
s in Justice Courts is Justice, the same as in New York Supreme Court
. However, in common usage, most people, including lawyers, call them Judge. Justices in Justice Court do not have to be lawyers. The vast majority are not. Many of these courts are in small towns and villages where none of the residents are lawyers. In the larger towns, the justices are almost always lawyers.
While Justices and their court clerks receive substantial training from OCA, there is tremendous variability in how cases are handled. This includes court procedures and substantive results. Some courts will dismiss a traffic ticket if the officer does not appear for a trial, while others will adjourn the matter to give the officer another chance. In some courts the police prosecute their own tickets, while in others an Assistant District Attorney
from the County or a town or village attorney will prosecute the tickets. This may even vary by the type of officer, with State Troopers and Deputies prosecuting their tickets and a town attorney prosecuting tickets written by the town police.
Larger towns can have very busy caseloads, including several sessions a week with dozens of cases at each session. People may have to wait hours before their cases are heard. In some small towns the caseload is extremely light, and a court might meet once a month and have only three cases.
All criminal matters that occur in towns and villages are commenced in a justice court. Misdemeanor
s are handled exclusively in the justice court, while felonies
generally move up to County Court before the case moves forward.
Similar matters in some places outside New York are handled by a Justice of the peace
.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, that handle traffic tickets, criminal matters, small claims
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
and local code violations such as zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
. Though justice courts constitutionally are part of the New York State Unified Court System
New York State Unified Court System
The New York State Unified Court System is the official name of the judicial system of New York in the United States. Based in Albany, the New York State Judiciary is a unified state court system that functions under the Chief Judge of the New York Court of Appeals who is its...
, state law generally makes justice courts independent of New York's Office of Court Administration (OCA) and instead makes Justice Courts the responsibility of their sponsoring localities. Town justice courts are often called Town Court, and village justice courts are often called Village Court. City courts in New York State handle mostly the same types of cases but are not justice courts.
The official title for Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s in Justice Courts is Justice, the same as in New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
. However, in common usage, most people, including lawyers, call them Judge. Justices in Justice Court do not have to be lawyers. The vast majority are not. Many of these courts are in small towns and villages where none of the residents are lawyers. In the larger towns, the justices are almost always lawyers.
While Justices and their court clerks receive substantial training from OCA, there is tremendous variability in how cases are handled. This includes court procedures and substantive results. Some courts will dismiss a traffic ticket if the officer does not appear for a trial, while others will adjourn the matter to give the officer another chance. In some courts the police prosecute their own tickets, while in others an Assistant District Attorney
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
from the County or a town or village attorney will prosecute the tickets. This may even vary by the type of officer, with State Troopers and Deputies prosecuting their tickets and a town attorney prosecuting tickets written by the town police.
Larger towns can have very busy caseloads, including several sessions a week with dozens of cases at each session. People may have to wait hours before their cases are heard. In some small towns the caseload is extremely light, and a court might meet once a month and have only three cases.
All criminal matters that occur in towns and villages are commenced in a justice court. Misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s are handled exclusively in the justice court, while felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
generally move up to County Court before the case moves forward.
Similar matters in some places outside New York are handled by a Justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
.