The Journal Register (Medina, NY)

Local News

March 4, 2010

Justices: Vote 'no' on Prop. 1

Judges, clerk say there's more than cost to be considered

MEDINA — With the village election coming up March 16, there’s more for voters to consider than who should serve on the village board. Proposition One will appear on the ballot, and residents will be able to decide if Medina’s village court system should be dissolved.

“Our recommendation is to vote ‘no’ on proposition one,” said Court Clerk Nancy Draper.

Village Justice Lawrence Sanderson said it’s more than just cost. “The purpose of the court is not to make money, it’s to administer justice.”

According to Sanderson, the $40,000 the village would save with the dissolution of the court system equals a little more than half of 1 percent of the total village operating budget. However, that cost would be offset by the increase in costs incurred by the towns of Shelby and Ridgeway courts, which would have to handle more cases, he said.

In addition, Sanderson explained that the court generates roughly $160,000 a year in fines, of which the state gets $80,000, the county gets $20,000 and the villages gets about $60,000. If the village court system is dissolved, most of that money would go to the towns, and the only money that would go toward the village would be fines and fees generated from local ordinances, he said.

Another aspect of the current village court system that the justices would not like to lose is the location. With the Medina Police Department and a holding cell for suspects located below the village court, Sanderson said the current building — on the corner of Park Avenue and Main Street — is the perfect location.

“This works so well here,” he said.

Acting Village Justice Donald Draper said that with the court located above the police department, both entities operate more effectively. He said the towns of Shelby and Ridgeway are out of jurisdiction for the Medina Police Department, which means that they don’t have the same arrest powers.

In addition, Nancy Draper explained that she is able to complete paperwork in a matter of minutes at the current location, often by walking back and forth to the police station. If the court were relocated to the building that houses court for both Shelby and Ridgeway, she said the paperwork could take more than a day to complete, since it would have to be dropped off or picked up.

Something like a warrant cancellation not getting to the police in a timely manner could result in an unlawful arrest, she said.

“This is the busiest justice court in the county — it’s bigger than Albion,” said Donald Draper. “When you talk about eliminating the court, that doesn’t mean you’re eliminating the cases generated by the village.” He explained that every other court in the county has two justices, with the exception of Shelby and Ridgeway, and in this situation, the biggest court would be eliminated and that work would be pushed onto the two towns that are the least prepared.

“It’s more than just convenience,” said Donald Draper. “At times, confidentiality is an issue.”

At the current location, police can bring a person in custody upstairs for arraignment and back down to the holding cell without even having to leave the building.

“There is communication between the court and the police department every single day,” Donald Draper said. “That’s something that will be lost.”

He said before the two towns joined their court systems several years ago, there were a total of six judges between the two towns and the village. After the town courts joined, they each eliminated a judge, leaving a total of four. If the dissolution of the village court system were to occur, he said, there would only be two judges — one for Ridgeway and one for Shelby — but they would each have jurisdiction in both towns.

Judges Draper and Sanderson said the problem with fewer judges is that when one is not immediately available for an arraignment, the police get held up.

They also pointed out that the court has been able to make upgrades to the building just last year with grant awards. What they are most proud of is the remodeling of the courtroom, which was made possible through a number of grants to redo the flooring and get new furniture.

“This is all at no cost to the village,” Sanderson said.

“If there’s going to be a change, there should be a study and a plan,” Draper said. He explained that while the village and the towns have decided to pursue a study of the possible merger of the three municipalities, that study does not include the effects of the dissolution of the court system. He said the towns have no idea how much it is going to cost them, how the village’s cases will be distributed, or how many cases each town will be getting.

“Some day, Medina might go away, but while it’s here, it’s here, and we should be providing these services,” he said.

Donald Draper also said that while handing out fines may be the appropriate way to implement justice in some situations, other times it may be more appropriate to assign community service, jail time, counseling or other consequence.

“The purpose of court is to administer justice,” he reiterated.

Contact editor Holly Toal at 798-1400, ext. 8225.

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