by Ja Clark

Created on: October 30, 2009   Last Updated: October 31, 2009

Pro se In Village & Town Court

Village and town court justices in Northern New York State are a far cry from affording parties the protections provided by the 14th Amendment of the Constitution. This segment of Northern New York, affectionately know as the North Country, has some segments of the population which are still functioning at the intellectual level of the feuding Hattfields and McCoys. Some of these Town Justices make their rulings based on kinship, and not on any law book that you will ever read.

The legitimate litigant seeking equal protection under the law, must proceed analytically, and not assume that he can outgun this legal arena with reason, as it is legal strategy that maneuvers above the fray here.

Most of the judges are home grown and everyone is related by some degree here. Making it impossible to achieve a level legal playing field. Though justiciable issues can be achieved once you establish the legitimacy of the tribunal.

Peering behind this judicial veil is not that difficult, and the goal is to recuse the justice that is not capable of affording you a fair and impartial tribunal pursuant to law. In essence filing a motion to recuse such a judge based upon the fact that you will not get a fair hearing.

The conundrum occurs when the case is transferred to another town court judge, and the same conflict of interest rears its ugly head in your face. In most instances, when this occurs, the receiving justice will recuse himself, without the necessity of a second motion to recuse being filed.

You are now ready to proceed on a level legal playing field, with the legal issues at bar. The majority of these town justices are not lawyers, and have no legal training. Except for the minimal 2 week training they have received once being elected to office.

Keep in mind that criminal cases are strictly statutory, with civil cases being subjected to perverse statutory interpretations, unless you provide adequate case law which can enforce your position. You should be prepared to utilize these legal tools of the trade, and provide copies to the judge and your opposition.

Appeals of/from village and/or town court final decisions are taken directly to county court within 30 days of a final order being issued. A record is usually developed at these proceedings by a recording mechanism, which is controlled by the justice presiding in the matter.

It would behoove you to maintain your own record, in the event that the equipment under control of the justice malfunctions. Should it be necessary to file an appeal, a method to obtain the trial record for transcription will be available to be provided to the higher court, with the issues on appeal.

These observations should navigate you through village and town courts, without too much legal trauma.
October 2009

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