Some of the courtrooms are not even courtrooms: tiny offices or basement rooms without a judge’s bench or jury box. Sometimes the public is not admitted, witnesses are not sworn to tell the truth, and there is no word-for-word record of the proceedings.Nearly three-quarters of the judges are not lawyers, and many — truck drivers, sewer workers or laborers — have scant grasp of the most basic legal principles. Some never got through high school, and at least one went no further than grade school.
But serious things happen in these little rooms all over New York State. People have been sent to jail without a guilty plea or a trial, or tossed from their homes without a proper proceeding. In violation of the law, defendants have been refused lawyers, or sentenced to weeks in jail because they cannot pay a fine. Frightened women have been denied protection from abuse.
These are New York’s town and village courts, or justice courts, as the 1,250 of them are widely known. In the public imagination, they are quaint holdovers from a bygone era, handling nothing weightier than traffic tickets and small claims. They get a roll of the eyes from lawyers who amuse one another with tales of incompetent small-town justices.
Although I went to college in New England and lived there for some years after that, and although I have some familiarity with rural northeastern village life, this article shocked me. I guess going to law school and then practicing law exclusively in San Francisco has given me a "big city" view of the legal system in this country. I found this article very surprising. And in the great State of New York, no less. Details here from the New York Times.
UPDATE: Here are Part Two and Part Three of this three-part series.
Comments (< $MTEntryCommentCount$>)
Having grown up in an area just like the rural ones highlighted, and now practicing in another rural of the state, it sadly wasn't too surprising. It's great to see attention being focused on this, from coast to coast, because (despite some quality justices) there's no assurance of competence in this system.
Posted by Todd | < $MTCommentDate$>
Posted on September 26, 2006 06:44