
In New York State, the Town and Village Justice Courts are often referred to as "the Courts closest to the people". It is in these venues that disputes between neighbors, minor traffic violations, small claims, and other similar matters are resolved. The Town and Village Courts are also the first stop in most criminal actions, where defendants are arraigned and arguments are presented with regards to matters such as bail and due process.
Misdemeanor criminal offenses are typically adjudicated in the Justice Courts. Town and Village Justices preside over hearings and both "Bench" and "Jury" trials for these crimes. They may entertain motions from both sides on a wide array of legal questions and will then issue opinions or decisions regarding the same. The more serious felony criminal cases are usually transferred to the County Courts for resolution.
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While Town and Village Justices are not required to be licensed attorneys, a legal background or law enforcement experience is certainly helpful in navigating through the myriad of laws and procedures that govern the operations of the courts.
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More importantly, however, Town and Village Justices are expected to perform their duties with common sense and integrity. The judges are, of course, expected to know and follow the law. But, as the "Courts closest to the people", they are expected to find the proper balance between protecting the rights and interests of both individuals and the larger community.
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While a Town or Village Justice is an elected position, it is not a political one. There are strict codes of ethics that judges and candidates for judicial office must adhere to. Other than pledging to follow the law and to serve with integrity and apply common sense and fairness, judges and judicial candidates are not permitted to be publicly "for" or "against" political issues, or even speak or opine on matters before any court, hypothetical or real.
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