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A08177 Summary:

Amd 106, UJCA
Relates to justices presiding in an off-hours arraignment part.
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A08177 Actions:

06/01/2017referred to codes
06/07/2017reported referred to rules
06/12/2017rules report cal.193
06/12/2017ordered to third reading rules cal.193
06/13/2017passed assembly
06/13/2017delivered to senate
01/03/2018DIED IN SENATE
01/03/2018ordered to third reading cal.592
03/27/2018passed assembly
03/27/2018delivered to senate
03/27/2018SUBSTITUTED FOR S6538
03/27/20183RD READING CAL.596
08/13/2018delivered to governor
08/24/2018signed chap.231
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A08177 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Skartados
  TITLE OF BILL: An act to amend the uniform justice court act, in relation to justices presiding in an off-hours arraignment part This measure is being introduced at the request of the Chief Administra- tive Judge. This measure would amend the Uniform Justice Court Act to correct an oversight in chapter 492 of the Laws of 2016, which authorized the establishment of off-hours arraignment parts. This measure would permit Town and Village Justices to hold their courts outside their respective towns and villages for the limited purpose of presiding over an off- hours arraignment part established in another municipality located in the same county. Chapter 492 was enacted to help ensure that criminal defendants can be represented by counsel at arraignment. It does this by authorizing creation of special, off-hours arraignment parts in local criminal courts, parts that can be established in a few central locations. Because law enforcement is authorized to bring a criminal defendant to the off-hours part in a county regardless of where in that county that defendant was arrested, the availability of these off-hours parts, which are solely for the purpose of conducting arraignments and preliminary proceedings incidental to them, and presiding over returns on arrest warrants, should make it easier for the limited number of lawyers avail- able in many communities - especially upstate - to meet the represen- tation needs of those defendants in those communities. As enacted, the statute was intended to permit use of all the local judges in a county including City Court Judges and Town and Village Justices - to serve in an off-hours part for that county established in one of the county's local criminal courts on a rotating basis. At the time of enactment, it was believed that this could be done by using the provisions of the Uniform Justice Court Act (§ 106) and the Uniform City Court Act (§ 107) to temporarily assign judges and justices from courts outside the court in which an off-hours part had been established to serve on such court in such part. We have discovered, however, that, under circumstances where it is useful to establish an off-hours part in a City Court, Town and Village Justices are eligible for temporary assignment to that part only where they are lawyers admitted to practice in New York for at least five years. See UCCA § 107 ("The chief adminis- trator of the courts may temporarily assign any judge or justice of a city, town or village court to a city court . . .; provided, however, no town or village justice may be temporarily assigned hereunder unless he or she is an attorney admitted to practice law in this state for at least five years."). In view of the fact that, particularly north of the Hudson Valley, many if not most of the State's Town and Village Justices are non-lawyers, this is a considerable obstacle to a critical objective in chapter 492 - which is that, where an off-hours part is established in a county, all of the local criminal court judicial officers in that county should take tours of duty presiding over that part regardless of where in the county it has been established. This measure would eliminate this obstacle. It would do so by obviating the need for a temporary assignment of a lay Town or Village Justice to another municipality, to enable him or her to preside over an off-hours part established in that municipality. It provides the alternative whereby, rather than being temporarily assigned to another court, such a Justice could hold his or her own court in the municipality where the off-hours part is established. In such fashion, where that municipality is a city, there will be no requirement that the Justice be a lawyer because he or she will not thereby be sitting in a City Court. There is longstanding precedent for allowing a Town or Village Justice to hold his or her court outside the municipal boundaries of his or her town or village. See UJCA §§ 106(3)-(10) (and especially §§ 106(6), (8) end (9), permitting any Town or Village Justice of a local criminal court in Onondaga, Jefferson and Rockland Counties, respectively, to hold his or her own court anywhere in such County for the purpose of conducting arraignments and appearance proceedings pursuant to a bench warrant. This measure would not disturb the Chief Administrative Judge's authori- ty to temporarily assign a Town or Village Justice to another Town or Village Court to preside over an off-hours part. It simply provides an alternative means by which a non-lawyer Justice may preside over such a part where it is established in a city, thereby facilitating the ability to establish off-hours arraignment parts in every jurisdiction within a county. Moreover, it clarifies that, under such circumstances, the affected Justice may only conduct arraignments and other preliminary proceedings incidental thereto, and preside over arrest warrant returns. This measure, which would hive no fiscal impact, would take effect imme- diately.   LEGISLATIVE HISTORY: None. New proposal.
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A08177 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 1, 2017
        Introduced by M. of A. SKARTADOS, LENTOL -- (at request of the Office of
          Court  Administration)  --  read once and referred to the Committee on
        AN ACT to amend the uniform justice court act, in relation  to  justices
          presiding in an off-hours arraignment part
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 106 of the uniform justice court act is amended  by
     2  adding a new subdivision 11 to read as follows:
     3    11. Notwithstanding the provisions of subdivision one of this section,
     4  a  justice  of  a local criminal court in which an off-hours arraignment
     5  part has been established in accordance with paragraph (w)  of  subdivi-
     6  sion  one of section two hundred twelve of the judiciary law may preside
     7  as the justice of his or her court anywhere in the county in which  such
     8  local  criminal court is located for the limited purpose of presiding in
     9  such off-hours arraignment part  and  conducting  only  the  proceedings
    10  specified  in  paragraph  (w)  of subdivision one of section two hundred
    11  twelve of the judiciary law.
    12    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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