We had a record turnout at the conference this year. It was standing room only at our Installation Dinner. I was pleased that there were four generations of my family in the audience, including my four grandchildren. And of course, I was pleased that there were so many of you there as well. It was great that Judge Michael V. Coccoma, our Deputy Chief Administrative Judge Outside the City of New York, administered my oath. What follows, for those of you who were not able to attend, are the remarks I made at our Installation Dinner.
In 1999, the Honorable Malcolm Knapp, the only person I knew on our Executive Committee, asked me to apply to become a member of it. It took 2 tries, as I wasn’t selected the 1st time. But as a result of his encouragement, particularly the 2nd time around, here I am. It took 10 years, and has been an amazing journey. Thank you my fellow judges, for making it possible. And thank you Judge Knapp, for leading me to a road I would never have otherwise have traveled. A road filled with challenges, worthwhile things to do, and many, many new friends, for which I will be forever grateful.
Human beings instinctively work to make the world a better place for those that come after. My parents worked long and hard, so my brother and I could have a better life. My wife and I did the same for our kids. We are now watching our kids do the same for theirs. I believe, that in addition to dispensing the best justice we can in our respective courts, so to, should we spend time improving our local justice system, not just for us, but for those that come after us. We need to pass it on, better than we found it. Being a member of the Executive Committee puts you in a good position to work at that, which is why I applied. So if you have the time, and you are so inclined, submit an application next year, come and help us.
“Figuratively speaking,” in 2006, it appeared that the barbarians were at the gate, some still are. Worked into a frenzy by the shamefully biased and misleading New York Times Article, they sought to eliminate us, and the local court system we love and serve. It soon became apparent that they knew little about us or the system they sought to destroy. They criticized “us” for finding jury trials challenging, but made no mention that the right to a Jury trial in the City of New York, was determined to be so challenging, it was taken away from accused persons, for misdemeanors having jail sentences of 6 months less; checkout section 340.40 of the CPL.
They criticized “us” for having a few naughty judges, but failed to mention a conclusion of the “Commission of Judicial Conduct” in it’s 2005 Annual Report, issued just a year before the Times Article went to press, that since 1987, disciplinary sanctions entered, for town & village judges and state paid judges, had mirrored their percentages in the system. We had the same percentage of naughty judges as the state paid judges. Shame on them,
We knew there were improvements needed. We judges don’t determine the funding made available to our courts, the other 2 branches of government make those decisions. It wasn’t our fault that requests for funding to implement changes had generally fallen on deaf ears, year after year. When I testified before the Senate Judiciary Committee, I opened with: “We are excited about the States newly found interest in Town and Village Courts, we have been struggling, almost alone, for a long time.” People like Senator John DeFranciso, the then Chair of the Judiciary Committee, listened and provided the needed funding to improve, not destroy or eliminate, our local court system.
My fellow judges, finally, we no longer struggle alone, in our efforts to improve the local justice system. OCA, at it’s highest levels, has committed to helping us and our system to be the best that we can be, at crafting justice in each and every case that comes before us. The 1st high level person out of OCA that I’m aware of, to run to the front lines when we were attacked proudly announcing: “I’m with them,” was the Honorable James Tormey, Administrative Judge for the 5th Judicial District. I want to publicly thank him for boldly taking up our causes when it was an unpopular thing to do. I am appreciative of his leadership, his support, and his risk taking on our behalf. With the support of Chief Judge Jonathan Lippman, and the Chief Administrative Judge, Ann Pfau, we have advanced light years ahead, in just a few.
Despite the significant progress we have made in just a few years, we and system we serve are still in harm's way. The opt-out bill has taken much of our time & energy this past year, and is still a clear and present danger. It promises to wreak more potential damage on our local justice system than most, including its sponsors, can imagine. It is a bill proposed by a Senator and Assemblyman who both reside in and represent constituents in “The City of New York.” Yet, it only affects communities outside the City. Let me be clear, I don’t believe the sponsors are promoting the bill to intentionally harm our system of justice. They just don’t understand the ramifications of the bill, because they don’t know or understand us, or the system we serve.
President Roberg sent out a 4 page letter detailing many of the reasons this bill would be a bad law. It wasn’t 4 pages in length because he is wordy, it’s 4 pages long because there are so many reasons why this bill would be a bad law for the communities outside the City of New York. We are joined in our opposition by the Association of Towns and the Conference of Mayors. Both have passed a Resolution in opposition to this Bill. You can find them and President Roberg's letter posted on our web site.
We need to continue in our efforts to expose this bill for what it is. It is my hope that the Senate & Assembly folks in the City will see the light, and will not impose their will on communities outside the City. By the way, I and this Association support Section 214.2 of the Uniform Rules for New York State Trial Courts, which requires each justice to participate equally in the duties of the court, and is in direct conflict with the opt out bill.
Now, on a different topic, I’m going to mention just a “few” of the initiatives I will promote as your President. There are many financial disincentives for local judges with a law degree, and their relatives to the 6th degree. Imagine someone's grandkids, who happen to also be attorneys, being barred from an income producing activity, like appointments in other courts because their grandfather or grandmother chose to serve their community as a town or village justice. It just doesn’t seem right. I will assign a committee to review that problem, to see if there are prohibitions that could be softened, without increasing the potential for conflict. When we identify them, we will see if OCA will help us with this issue.
It is customary for incoming presidents to have a theme, mine will be: “Staying Connected” with you, local judges. “United we stand, divided we fall,” staying connected will help keep us united. Our County Associations are the main building bock of this Association, we need to keep them strong. Tomorrow, at the 1st meeting I chair as President, I will establish a new “County Association Committee,” to facilitate progress and oversight for some new programs and initiatives I will propose.
I will establish a new column in “The Magistrate” likely titled: “About My County Magistrates Association.” It will be a platform for county presidents and members, to crow about their Associations, explain how they operate, things they do to promote attendance, special events, and so on. It will provide ideas for other counties to consider. We can learn from each other.
Many of our Counties do not have a seat at the table during our Executive Committee meetings. On the theme of “staying connected,” I will invite the Presidents of several of these associations to attend Executive Committee meetings held near them.
It is a tradition that the President of our Association, attend as many other County Association meetings as possible, in an effort to get to know our membership and have them get to know him or her as well, and of course, stay connected. I intend to continue that tradition. Call, and if possible, I’ll be there. 3 Counties have scheduled me so far. Tomorrow, I will charge the “other” officers of your Association, to also go forth and be among you as well, in a new “Adopt a County Association” program. I will ask each of them to adopt a couple of counties near them, that do not have a seat at the table, and hang out with the members of those counties by attending 1or 2 of their regular county meetings, where they can get to know you, and you can get to know them, before they become president. It will facilitate “staying connected.”
In closing, I love being a judge, because of the work that we do. For us, it is a labor of love, and an honor to serve. And I love being a judge, because it identifies me with you, town and village judges from across our state. What an honor it is, and how proud I am, to be identified with you. Thank you for this opportunity.
