Category Archives: New York

New York

Non-Lawyer Judges: Municipal Courts

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Last month we discussed judges (Justices of the Peace and Magistrates) who are not required to have law degrees, and whose courts have jurisdiction over areas larger than a city or town. Judges of city, town, village, and other municipal courts in many states are also not required to have law degrees or be practicing lawyers. These judges only have geographical jurisdiction over their own municipality, and in many states their subject-matter jurisdiction is limited to violations of the municipality’s ordinances.

We reviewed New York’s Town Courts and Village Courts in a 2010 post; with over 1200 such courts, … Read More

Non-Lawyer Judges: Justices and Magistrates

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“Justice of the Peace” is an imposing title. Almost like Justice of the Supreme Court? Not quite; A Justice of the Peace presides over a court of limited territorial and subject-matter jurisdiction, and is addressed as “Judge” more often than “Justice”. Justices of the Peace were originally English quasi-judicial officers who volunteered to preserve the “king’s peace” in their local county or borough. Important qualifications for the position were land ownership and connections with the monarchy (and later, with the Lord Chancellor and Parliament).

American colonists brought the Justice of the Peace system with them, and it persisted throughout the … Read More

An Eviction by Any Other Name…

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We last discussed eviction procedures in our post about Landlord Tenant Laws back in April, 2008. Now for a brief update:

As noted in the original post, most eviction cases are heard by courts of general jurisdiction, such as Superior Courts or District Courts. Of course specific courts’ jurisdiction varies from state to state, depending on the structure of each state’s judicial system. In a few states, evictions may be handled by local courts of limited jurisdiction.

As if finding which court handles evictions in a given state weren’t difficult enough, the process of kicking out a tenant isn’t even … Read More

Orders of Protection

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Are you being threatened with domestic violence, harassed, or stalked? Do you know someone who is? Every state has some form of legal order that requires someone to stay away from you or your home, stop contacting you, and stop sending you gifts. These orders may be called Order of Protection, Protective Order, Restraining Order, No-Contact Order, or a similar name. The order is not automatic; the person seeking the order must appear before a judge and present evidence of threats or abuse. If the judge issues the order, a person who violates the order may be arrested.

The procedure … Read More

Subpoenas: Compelling Your Appearance

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We all know that you have to show up in court if you are a party to a case being tried – i.e, if you are the defendant in a criminal case, or the plaintiff or defendant in a civil lawsuit. But if you are just a witness, do you also have to show up in court?

The answer is yes, if the judge or one of the attorneys thinks your testimony is important. The court will issue a subpoena, which is a document commanding your appearance in court to testify as a witness. In some cases, the … Read More

Bad Check Collection Help

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Bad checks are an expensive and frequent problem for merchants, and even for private individuals on occasion. If you accept a check from someone and it bounces, it may have been an honest mistake; if so, the check writer might re-imburse you as soon as you ask. But if that doesn’t happen, how do you get your money?

It may be difficult, even if you’ve taken the precaution of verifying the check-writer’s identification. You can sue, but that will take a while and cost you time and money in the meantime. To convict the check writer of a crime, the … Read More

Property Tax Assessment Appeals Get Easier in New York

Have you ever thought your property taxes might be too high because the tax assessor over-valued your house? Have you been thinking more about that as housing sales and prices have plummeted during the past few years? If so, you might have taken the time to complain to the assessor. My own assessment notice says, “If you believe the new value is incorrect (too high or too low) compared to your estimate of market value, please contact us to review your property characteristics.” I will leave the issue of appealing a value that is “too low” to some humorist to … Read More

Services for Crime Victims

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With the Trayvon Martin case, including the recent second degree murder charges against George Zimmerman making national news, violent crime is at the forefront of the nation’s consciousness. The Martin/Zimmerman case has raised questions about who the true victim really was. Although we may not know the answer to that question until the case has been resolved, unfortunately there are thousands of crimes committed every day, leaving victims to deal with the  aftermath. Often there is so much focus on the perpetrators of crime that the victim gets somewhat left behind by court systems. However, more and more courts are … Read More

What Is A Conflict Defender?

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Few people have ever heard the term “conflict defender” and fewer still could guess what it means. But it can be an important term for some criminal defendants who cannot afford a lawyer.

Last month we discussed Public Defenders, who provide criminal defense services to indigent defendants. Anyone facing possible loss of liberty is entitled to a free court-appointed lawyer if he or she can’t afford to hire one. A Public Defender’s Office is often the source of the court-appointed lawyer. However, the Public Defender’s Office may not be able to take the case if it presents a conflict … Read More

Seattle Adds Youth Traffic Court

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Recognizing that the most influential people in a teenager’s life are often peers, Seattle is adding its first Youth Traffic Court, set to convene for the first time this month. The court will be staffed entirely by Garfield High School students, who will serve as judge, jury, attorneys, bailiffs and court clerks. The students have all received training in these positions from Seattle University law students.

Any Seattle driver younger than 18 who admits to the traffic violation he or she is accused of may appear in Seattle Youth Traffic Court. Following the philosophy of restorative justice, the teen … Read More