The first duty of a newly elected or appointed Town or Village Justice is to meet the certification requirements of the NYS Unified Court System. Upon completion, the Judge is authorized to perform the duties of the office. While there are basic courses of study and examination, the education/examination cycle is ongoing. The judge must meet annual requirements to maintain the State Certification. The State has opened a Judicial Training Institute, available to all Judges in the State, at Pace University. Our Court Clerk on Thursday evenings is Sally Santee. She has been participating in the training offered for Court Clerks.

FYI New York State has increased the limits of surcharges on many of the infractions, violations and misdemeanors. Effective July 6,2009 there was also an increase in the scoff lift fee from $35 to $70. This is a fee collected by the courts on license suspensions due to failure to answer a summons or a failure to pay a fine. The Department of Motor Vehicles has much more information on their website. http://www.nysdmv.com

A Town Court handles a wide variety of cases, though most are Vehicle and Traffic Law Infractions. On the first Thursday evening of each month Assistant District Attorney, Neal McClelland comes to Bristol Town Court to represent "The People of the State of New York." In this capacity he reviews cases and sometimes makes a recommendation to the court.

When the Court receives an "accusatory instrument" (usually a ticket) alleging an offense has been committed, there is a presumption of innocence until proven guilty (or a guilty plea is entered). Defendants have a right to retain an attorney at any and all stages of the proceedings.

The defendant may plead "Not Guilty" and exercise the right to a public trial at which the People of the State of New York represented by the Assistant District Attorney, must prove guilt beyond a reasonable doubt. At the trial the defendant has the right to hear, see and challenge the evidence submitted. The defendant has the right to have witnesses testify and may, but is not required to testify as well. In a bench trial the Court will determine, after hearing all the evidence submitted at the trial, whether or not the people have proven guilt beyond a reasonable doubt, and then will render an appropriate verdict. if the defendant has been charged with a misdemeanor, a jury trial may be requested.

By pleading "Guilty" the right to a trial is waived and the proceeding moves to sentencing by the Judge.

The defendant may request to meet with the the Assistant District Attorney who may negotiate an agreement to plead guilty to a legally authorized offense. Any proposed agreement is subject to approval of the Court. Upon a plea of guilty to the agreed upon offense, the defendant is sentenced by the judge.

The Judge may function as officiate at weddings. Marriage licenses are issued by the Town Clerk and the wedding ceremony may be officiated by the Town Justice anywhere within New York State.

If you have any questions you may call the office 229-4523 Wednesday, Thursday, Friday 9 AM until Noon. We cannot give you legal advice, but we can answer procedural questions. Court is Thursday at 7:30 PM and is open to the public. Email: brcourt@frontier.com