BILL NUMBER: S7579A

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the town law, in relation to authorizing the towns of
Mina and French Creek in Chautauqua county to elect a single town
justice to preside in the town courts of such towns

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to authorize the towns of Mina and French
Creek, in Chautauqua County, to elect a single town justice to preside
in town courts of both towns.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: allows for a single town justice to be elected and preside in
the town courts of Mina and French Creek.

Section 2: provides that the act shall take effect immediately.
              

 
JUSTIFICATION:

The Town of French Creek is a rural town with a population of approxi-
mately 900 people. For several years the town has been unable to recruit
willing and qualified individuals to serve as town justice (and to
impose, collect, remit, and keep accurate records of the wide range of
fines, surcharges, and fees generated by a town court). As a conse-
quence, the town has entered into an agreement pursuant to which a
substitute justice from a town 25 miles away, but in the same county,
presently covers the town's court. This is an expensive and inconvenient
burden on the town's population, particularly when the expense of main-
taining the court is compared to the volume of matters handled by the
court.

The Town of Mina, also a rural town, has a slightly larger population,
approximately 1000 people, and, at least for the time being, a more
stable justice situation. When the office has been vacant in the past
there has been little competition for the office and recruiting and
convincing qualified individuals for the position of Town Justice.
Maintaining the justice court imposes significant administrative and
financial burdens upon the town of Mina and its residents as well.
Consolidating the courts of the two contiguous towns will increase the
likelihood of being able to attract qualified candidates to fill vacan-
cies as they arise, reduce the costs of maintaining two court systems
(one in each town despite the small population and volume of matters of
each town), and streamline the administration of the courts, while
ensuring that each town continues to maintain excellent judiciary
services for its residents.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.