Increasing costs and changes in court procedures that make the system more efficient were cited by Cortlandville Town Supervisor Tom Williams to justify a plan to eliminate one of two part-time town justice positions.
Williams made his case for voters to decide in a Nov. 7 referendum in the town’s fall edition of Cortlandville’s town newsletter, “Talk of the Town,” released last week, saying the move would work because the caseload has decreased in the last few years, making the cost of two justices unjustifiable.
However, Justice Mary Beth Mathey, whose job would be eliminated if the public backs the proposal, said Tuesday there is no financial justification for the move. She is running unopposed for another term, should voters decide to keep the position.
“Do you see anything in the newsletter about finances and how they would save money?” Mathey asked. “I thought they would tell us.”
The second town justice post was created in 2013 primarily due to the burden of after-hours arraignments handled by the one judge, stated Williams, who said much of that work has been eliminated by the state’s bail reform in 2020, which eliminated bail for many criminal cases, and the creation of Cortland County’s Central Arraignment Process in which justices take turns handling after-hours arraignments at the county Sheriff’s Office.
“Also, in 2020 the state radically changed the bail process for individuals charged with a crime, which also has had a dramatic effect on local courts,” Williams said.
However, in a statement included in the town’s fall newsletter, Town Chief Court Clerk Margaret Capps said the change in court procedures and arraignment processes will not affect the caseload. Mathey agreed Tuesday
“Bail reform has no impact on either our caseload or our revenues,” Mathey said.
“The justice system was not put in place to be a financial source of revenue for municipalities,” Capp said in the newsletter. “It is to deter crime and to keep people safe in their community. Having two judges in the Town of Cortlandville has not caused a financial loss to the town. It has provided the town with a positive way to conduct justice to the constituents of this community. The state has implemented many new rules and regulations on the court system that have put an added expense to municipalities. This is where the cost has increased to maintain the courts in all jurisdictions throughout New York state.”
“In reviewing the court’s financial history, it has shown that year after year the expenditures far outweigh the revenue brought in by the court,” Williams wrote. “The expenditures include salary, contractual, and everyday operating expenses. By far, the largest expense incurred by the court is their salary line. In the past seven years, the court’s expenditures have exceeded the revenue by an average of $87,420.00 per year.”
Capp pointed out that the town board and Williams did not take her up on her offer to visit the court and speak to staff before deciding to schedule the referendum to eliminate the post. She extended the same offer to town residents who want to inform themselves before the November vote.
“Come to the court during court sessions, speak to the court clerks regarding their daily duties,” Capps said. “You, the people of the town of Cortlandville, need to understand what this vote means for your Township and how it will affect you.”
The town court caseload is 25% higher than all of the other town courts in the county combined, Capps said, and eliminating a justice position will slow the process.
When the town created the position a decade ago, then-Supervisor Dick Tupper said the town needed the second justice to complement former Justice Fran Casullo, the town’s sole judge from 2003 to 2013. He was joined by David Alexander in 2014. Alexander has since become a Cortland County Court judge. Mathey is joined by Justice Robert T. DeMarco.
In 2012, Tupper said, the town court handled about 6,000 traffic tickets and between 750 and 1,000 criminal cases. In 2022, the court handled 8,761 cases, Mathey said in March.
Town justices also oversaw 201 arraignments in 2022 the state Unified Court System reports, and are expected to earn a $55,000 salary in 2023, according to the town’s employee pay schedule for 2023.
Nearly six months after public attention prevented a town board vote on the issue, the town board met Aug. 7 to discuss a resolution to propose the elimination of one town justice position. The agenda included only the cryptic description: “Agenda item C1, Results of privileged conversation held between the board at the supervisor’s request concerning potential changes at the town hall.”
Town officials would not discuss the matter afterward, and Williams said he would explain the board’s position in the town newsletter.
