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January 2014

PRESIDENT: Velma Richardson(O) 516.487.0775 • [email protected]

1st VICE PRESIDENT: Julie Gansle(O) 518.782.2604 • [email protected]

2nd VICE PRESIDENT: Debra Newham(O) 631.475.2753 • [email protected]

3rd VICE PRESIDENT: Denise Cookingham(O) 914.381.7875

[email protected]

SECRETARY: Dawn Marie Klingner(O) 845.373.8434 • [email protected]

TREASURER: Dora Richter(O) 315.769.5431 • [email protected]

TREASURER EMERITUS: Dora Schultz408 Doodletown Road, Ancram, NY 12502

[email protected]

DIRECTORS (listed alphabetically):Larry Cassidy

(O) 914.631.2783 • [email protected]

Jane Curtiss(O) 518.899.6797 • [email protected]

Marie Falzone(O) 716.821.7908 • [email protected]

Gillian Koerner(O) 585.492.4479 • [email protected]

Sonia Mercado-Jimenez(O) 914.764.3983

[email protected]

Annie Raskoski(O) 845.382.1737 • [email protected]

DOCKET:

Janet Smith, Editor(O) 607.648.8565 ext. [email protected]

Stephanie Timm-Austen, Assistant Editor(O) 914.769.2027

[email protected]

For more detailed contact information please visit our website: www.nysamcc.com/contacts

The Docket is a publication of the: New YorkAssociation of Magistrates Court Clerks, Inc.

NYSAMCC members will receive The Docket as partof their membership.

Subscription information can be obtained (withoutcharge) and non-members can subscribe by sendingquestions and/or a $25.00 check to NYSAMCC, Inc.

Attn: Julie Gansle27 Rustyville Road, Loudonville, NY 12211

The Docket ONLINEThe Docket is available for downloading and to view at

www.nysamcc.com

PAST-PRESIDENTS (in chronological order)Judy Bromley


Maryann BaakeLinda McCartney


Margaret PalmerMary M. ShufeltTerri D. Bolt


Richard SzarowiczSharon WilderLynette LemckeJoyce MahoneyBarbara RinaldoBarbara [email protected]

Arnold BronstorphBonnie Reed

Sybil E. KennedyEvelyn Sivecz

NEXT ISSUE DEADLINESPRING DOCKET DEADLINE IS

APRIL 30, 2014Please send inquiries and information to

Janet Smith at [email protected] call 607-648-8565 Ext. 202

The advertisements contained within this publicationdo not reflect the opinion or endorsement of the NewYork State Association of Magistrates Court Clerks, Inc.

January 2014 - The Docket

MESSAGE FROM THE PRESIDENT

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October 2012 - October2013 — my first year ofthe two year term as

your President. What an awe-inspiring year this has been!The Presidential seat affordsme a different perspective as tohow diligently the other Boardmembers work to bring youonly the best training andeducational sessions to assistyou in doing your jobs.

I have spoken with many of you who attend theconferences and have found that you have a thirst forknowledge as to how you can meet the responsibilities ofyour jobs more effectively and efficiently.

Your demand for the courses that will help satisfy thatthirst is what keeps the Board working to build courseschedules that will help you.

The courses that were offered at the 2013 conferenceswere set up under the leadership of the 2nd Vice President,Debra Newham. Each year, beginning with the Associationof Towns and Villages Conference in February, manydiscussions take place between the Education Chair andthe Office of Justice Court Support (“OJCS”) schedulecourses that have the major interest of clerks whocustomarily attend this Conference. This schedule is theused a building block for all schedules for many of theDistrict trainings, the Potsdam Conference in July as wellas the Fall Conference. This is where you, as a court clerk,have played a major role in helping to determine what thenext year’s courses will be. Many of you filled out thecomment sheets at the conferences which now arereviewed by OJCS and the Board.

We on the Board thank you for your support. We promiseto keep our commitment to always provide courses thatwill help you to be on top of your job responsibilities.Many of you have offered suggestions and these, too, arereviewed for possible implementation.

For the first time in many years, the Board did not pursuethe selection of a Court Clerk of the Year. As I explainedat the Fall Conference, we are addressing the proceduresused in the selection processes and will have everythingin place for the 2014 year. However, you ultimately makethe selection because you, in your environment, knowwho is a worthy candidate for this award. We are lookingforward to your many selections for this award, but keepin mind the deadline for the submissions. The applicationwill be in each June issue of The Docket as well as beingposted on the website www.nysamcc.com. If you havequestions you may contact Terri Bolt @nycourts.gov.

For those of you who did not attend the Fall Conference,let me introduce you to our latest additions to the Board.Dora Richter, our Treasurer, comes to us from the Villageof Massena Court with eight years as a court clerk. Manyof you know Dora’s location is in the northern part of theState. Larry Cassidy, Village of Sleepy Hollow, inWestchester County, has been a court clerk for about

fifteen years. Marie Falzone, Village of Blasdell Court, hasbeen a clerk for about five years. Marie and Larry eachwill fill open spots on the Board as Directors and all threewill participate as vital members on several committees.I look forward to working with them throughout this year.

As we start the 2014 year, we must turn our sights onregistration for this year. The doors will open forregistration as soon as the forms are mailed to each clerkwho was registered during the record date, September 13,2013. Also, should you miss the mailing or did notregister last year, keep in mind that the registration formis always printed in The Docket or again, on the website.The annual fee is $35.00 for all members and $17.50 forretirees. Julie Gansle, the Membership Chair, will be theprimary contact if you have questions about registration.

The schedule of courses is in the preparation stage at thiswriting for the Association of Towns and VillagesConference in New York City during President’s Week inFebruary. This issue of The Docket does contain a list ofthe courses that may be offered, but so much isdependent upon the availability of instructors for thecourses. Many of the State instructors must divide theirtime between the clerks and the Magistrates who attendthis conference, primarily because the Magistrates aresubject to mandatory training for credit with the Office ofCourt Administration. The newest concentration for theclerks is the Basic training schedule that began inPotsdam last year. The concept of “Supporting theBench” was fully laid out at the Fall Conference, where aselection of basis courses is offered to new clerks or clerkswho have not attended the trainings. The idea is tointroduce these clerks to all the basic courses that everycourt clerk needs to know. These courses areWeb/DVS/Orders of Protection; TSLED; CriminalProcedure Law; Small Claims; Civils and SummaryProceedings and CDR’s.

Just as the New Year begins a new slate of promises orresolutions we make in our personal lives, the Boardresolves to look toward bringing you new and/or moreenhanced courses. Also your Board is working on thewebsite to make it more exciting and more advancedtechnologically.

I want to thank Judge Coccoma for joining us as ourKeynote Speaker at the 2013 Fall Conference. I alsothank the Magistrates, the staff at the Office of JusticeSupport, Tina Richburg and the CDR staff, and BillLeonardo and the TSLED staff who always work with usat the various sessions.

I ask that you continue to support your Association bymaking sure you join or renew your membership on time,and set your calendars to attend the District trainingsheld at various venues around the State, and/or at leastone of the Conferences either in New York City, Potsdamor Albany.

Happy New Year Everyone!

Respectfully Submitted, Velma RichardsonNYSAMCC President

DOCKET SUBSCRIPTIONS


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NOTE FROM THE EDITOR

Right now all I can think of is how cold and snowy it has been this winter. While it is pretty when it snows, it just is not my favorite season. Once

Christmas celebrations are over, I tend to look forward to spring.

And speaking of spring. That’s when we can startexpecting the launch of your association’s new website. A request for photos is currently posted on theAnnouncement page of www.nysamcc.com as well asFacebook. (You can find our Facebook page by clicking onthe Facebook logo located on each page of the website). Itmight be a good idea to add www.nysamcc.com as one ofyour favorites so you can check it out from time to time.Once the new website is launched, we plan to utilize andgrow with the many tools of technology now available sothat we may serve you better.

The AOT Training Conference registration is a littledifferent this year so be sure to review the registrationand hotel reservation instructions carefully. Checkwww.nysamcc.com for that information as well as theeducation tab for tentative class listing.

At the Albany conference, Peter Gerstenzang held hislecture on If Ye Break Faith on Wednesday morning. Forthose who were unable to attend that lecture, you willfind a great article I felt the need to publish as “WorthRepeating,” This was previously published in the January2008 issue of The Docket.

Your association has a great foundation of resources tomake this publication what it is and this issue is chock-full of information that directly impacts a court clerk.There are many different areas of specialty from theauthors and contributors and they all work hard to getyou the information needed so that you can do your jobas a court clerk efficiently and without reservation.

I would like to reach out to the current members of theNYSAMCC. If you know of a court clerk who isn’t amember, tip them off to the value of becoming a member.That your association is the voice of the court clerk and is current to the needs of the court clerk position and the tasks at hand through education and support. The bonus in will be the relationships you build with the othermembers.

Janet Smith, Docket Editor

Town of Chenango1529 NY RT 12Binghamton, NY 13901

(607) 648-8565 Ext. 202

$$ PINS AND DECALS $$Association pins and window decals are available for purchase to all members.

Purchases may be made at the conference or by sending a check made out to NYSAMCC to: 27 Rustyville Road, Loudonville, NY 12211

Name: ______________________________________________________________________________

Address: ____________________________________________________________________________

PINS $3.00 (each) WINDOW DECALS $2.00 (each)QTY TOTAL QTY TOTAL ORDER TOTAL

$ $ $

Contact: Julie Gansle, Membership Chair at [email protected]

Do you know someone who would like to receive thismagazine? The subscription rate for 2014 is $25.00for non-members or free with your paid membership

to the NYSAMCC, Inc.

Please send mailing information and payment made out toNYSAMCC, Inc. to:Julie Gansle, NYSAMCC First Vice President27 Rustyville Road, Loudonville, NY 12211


CLERK CRUCIALS

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ASSOCIATION PINS AND DECALSDisplay our Association with pride!

The purchase price is three dollars for pinsand two dollars for window decals.

Pins and decals will be available at theconference or see the order form in this issue of The Docket.

SAVE THE DATE IT’S CLASSIFIED

IT’S CLASSIFIED Looking to post a classified ad ... Look no further.Send your court’s “CLASSIFIED” information [email protected]

JANUARYThe Docket Mailing in January

FEBRUARYThe Association of Towns Conference & Training February 16 - 19

APRILThe Docket Submission Deadline April 30

CALLING ALL CLERKSThis section will be used to notify you of importantreminders and/or information that needs to bebrought to your immediate attention.

IT HAPPENED .... here

IN MEMORIAMIt is with sadness and sympathy that we note thepassing of one of our fellow clerks, June M. Flora.

June M. Flora, the court clerk for the Town ofVanEtten, for 13 years, has gone to eternal rest. Sheleft us on Sept. 22, 2013. She was a lady who woremany hats in her life, very community minded, and afriend to all who had the honor of knowing her. TheCommunity Fire & Rescue was one local organizationnear and dear to June’s heart so the ChemungCounty Court Clerks collected money to donate inJune’s honor. She will be missed by her peers andmembers of her community.

Mary DeSocio, Southport Court

BIRTHS/RETIREMENTS/CONGRATSCongratulations to one of our Association’s very ownDirectors Gillian Koerner and her husband, Andrewon the adoption of thier adorable and beautifuldaughter Emmaleigh. Gillian, from the Town andVillage of Arcade Courts, welcomed baby girlEmmaleigh Elizabeth into the world on July 23rd of2013 and finalized her adoption in Wyoming CountySurrogates Court on November 25th of 2013.

Love and best wishes go out to Gillian and her family.To see a picture of baby Emmeleigh Elizabeth and herfamily check out the picture on page 50 of this issueof The Docket.

Ann Davis, Court Clerk from the Town of CanaanCourt is retiring after 18 years of service. As Annhands over the duties to Darsi Frederick, she says,“Thanks for the memories! I’ve enjoyed almost everyminute as a court clerk, (you do know there are sometimes that make you crazy!)”

ATTENTION ALL MEMBERS REGARDINGTHE USE OF CELLPHONES

DURING ALL CONFERENCE CLASSESThe “Comment Forms” collected after our continuingeducation classes have revealed two complaints thathave been consistent throughout the different venues:cell phone usage and side conversations during class.Those comments have prompted this message:

FOR THE CONSIDERATION OF THOSE ATTENDINGCLASSES AS WELL AS THE INSTRUCTORS, PLEASESILENCE YOUR CELL PHONES AND REMEMBER TOREFRAIN FROM SIDE CONVERSATIONS

Find ‘em FAST... FORMS & RESOURCES

2014 NYSAMCC Membership Application ..........pg 37

2014 Potsdam Scholarship Application..............pg 38

2014 Tax Exempt Form ......................................pg 42

AMAROSA Product Order Form ..........................pg 53

AOT Conference Registration Information ....pg 39-40

AOT Conference Registration Form....................pg 41


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CLERK CHATTER

NYSAMCC MEMBERSHIP REPORT

As the New Year is quickly upon us, let me wish youall a very happy and healthy New Year. This meansit’s time to send in your Association membership

and dues. Enclosed in this publication is the 2014membership form for processing (see page 37.) Let meask each of you to please take the time to fill in theinformation indicating how long you have been a courtclerk and to verify that all the information I have iscurrent and accurate.

If you have received your issue of The Docket by mailthan that is a good indication that the information I haveis up to date. If you are reading this online because youhave not received your issue of The Docket by mail thanplease send me an email to double check that I haveaccurate information. The information that generatesyour mailing is based on the prior year’s membershipinformation so either that is incorrect or it might meanthat I did not receive your membership dues.

As we move forward we are looking at ways to helpstreamline the membership process. One of the optionswe are discussing and researching is the option oravailability to pay your dues online. As many of you areso diligent about sending in your dues right away, keep inmind that it does take a bit to process the bulk mailingsthat I receive, so if it takes a bit for me to get back to you,please be patient. Hopefully the “bulk mailings” will soon

be a thing of the past. Stay tunedfor updates and certainly send anysuggestions you might have to meor any member of the membershipcommittee.

Respectfully submitted,Julie GansleNYSAMCC First Vice President& Membership Chairperson

NYSAMCC CONFERENCE REPORT

The Conference Committee would like to thankDebbie Newham, her Education Committee and thestaff of the Office of Justice Court Support for the

excellent education and training program they puttogether for our Annual Fall Conference in October at theWolf Road Holiday Inn. They put much thought and manyhours in planning a program that would address therequests the clerks have for training in specific areaswhile still giving time for those topics that constitute thebulk of the work in our Courts, i.e., TSLED, FiscalResponsibilities, CDR’s, Civil Matters, etc. The mix of theold and the new worked very well and the evaluationsfrom the classes were almost universally positive. Ofcourse, when there are 100+ people in the same room,the temperature will never be the “right” setting foreveryone but that’s a minor issue. The classes and theinstructors all received high marks.

For the very first time this year, we had entertainmentevery evening after dinner – music and the opportunityfor dancing. This was courtesy of three of our vendors,FBS, nCourt and Intoxalock covered the cost for Rev Torand for two nights of the DJ and his music. We are so verygrateful to them for their generosity, help and support. Abig thank you goes to Williamson Law and SEI for againhosting the Hospitality Suite. We appreciate theopportunity to enjoy a beverage and good food whilesitting and discussing the events of the day.

Next year’s Fall Conference will be held at the AlbanyHilton at 40 Lodge Street in downtown Albany. The datesare September 28 through October 1, 2014. Mark your

calendars and get the expense in your proposed budgetright away. The cost is roughly the same as this year, butwe’ll be in a different hotel with lots of opportunities fornew experiences. If you have never attended a FallConference, try your hardest to make it next year. It’s aunique experience to be with other court clerks morning,noon and night. The learning experiences aren’t limitedto the classroom; we often learn as much from otherclerks during the course of our conversations with them.And the networking opportunities are the very best. Youwill always go home with names, phone numbers andemail addresses of state instructors as well as other clerksfrom your own area and from other parts of the state.

Linda McCartney, Past Presidentand Conference Co-chair

Judy Bromley, Past Presidentand Conference Co-chair

CHECKING IN ON LOU AMAROSA


CLERK CHATTER

6

The Association of Towns Conference is February18 – 20, 2013. Hopefully many clerks can make thistraining session.

Classes we would like to offer are:Ethics, Local Ordinances, T-Sled/E-tickets, DWI/IID/ Boating and Snowmobiles, Small Claims/Civil and Summary Proceedings, Appeals,CDR’s, Criminal Procedure Law, Access to Court Records, Fiscal Responsibility, E-Justice, and Ask The Resource Center.

As always, these topics are subjectto change due to availability ofspeakers and scheduling. Anupdated schedule will be availableas soon as possible.

Sincerely Debbie NewhamNYSAMCC 2nd Vice Presidentand Education Chairperson

NYSAMCC EDUCATION REPORT

HOSPITALITY ROOM ... A BIG THANK YOU TO WILLIAMSON LAW & SEi

For those of you who attended the conference I think we can all agree that this year was the best hospitality room, ever! Greg Chwiecko, of

Williamson Law, provided refreshments all three days andTerry Wolfe, of Service Education, Inc. provided horsd’ourves Monday night which carried over to Tuesday.What a feast!

It was such fun watching the generous hosts set up theroom getting it ready for the clerks. There was plentyof room for everyone to sit around and relax and catchup with each other, make new friends, chat about theclasses, procedures they use in their offices, and of

course, families. What a wonderful way to end a day of training.

So a “BIG Thank You” to Greg,Terry, Marty and Cathy. You guysare awesome and we appreciateyou all so much. See you at thenext conference!

Terri Bolt,NYSAMCC Past President

Unfortunately, Lou Amarosa suffered a heart attackon his way to our Annual Conference in Albany. Hehad surgery to implant a defibrillator and is now

doing well. Lou and his wife and partner, Ellen were ontheir way to the Conference when Lou experienced whatthe doctors called a v/tack (Ventricular Tachycarida) withan a-fib (atrial fibrillation) which is very serious! He wasable to get his vehicle off the road and assistance arrivedand took him to the hospital. I believe he was just outsideof Syracuse. When we all heard the news, of course, wewere all shocked but kept progress tabs on himthroughout the conference. It is reported that the doctorssaid he was very lucky!!

Lou and Ellen have been a part of your Association familysince 2001 when they took over the store from theassociation. They have attended our conferences over theyears greeting clerks with a friendly smile and alwayssupplying the store with new and innovative items. Wemissed them terribly this year but are so glad that Lou ison the road to recovery.

Take a moment to send Lou an e-mail, a card or call to lethim know you’re thinking of him and he was missed!!

Above: Lou and Ellen Amarosa.

Submitted by Terri BoltNYSAMCC Past President


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CLERK CHATTER

2014 NYSAMCC ANNUAL CONFERENCE SCHOLARSHIP WINNERS

The Association would like to congratulate our twoScholarship Winners who attended the Annualconvention held in Albany:

Terri Perl, Town and Village of Attica, Wyoming Countyand Amanda Ciccarrella, Village of Angola, Erie County

Both winners arrived on Sunday and were met by thecommittee. A tour of the hotel and classrooms followedalong with conference registration. Terri and Amandawere presented at the Annual Meeting to the membershipand attended a full day of classes both Monday andTuesday, and a half day on Wednesday.

Congratulations Ladies! We hope you enjoyed theConference and took back to your Courts informationthat will help in your daily duties.

Submitted by Gillian KoernerNYSAMCC DirectorScholarship Chairperson

CONGRATULATIONS TO JUDGE GARY GRABER!

As you know, the Honorable Gary Graber has been asupporter and educator for the Court Clerk’sAssociation and its mission. He readily accepts our

requests to teach at many conferences, as well asaccepting an invitation to speak and administer the oathjust this year at the 2013 Annual NYSAMCC Conferencein Albany.

The Century Council, a national, not-for-profit organizationand leader in the fight against drunk driving and underagedrinking, as well a promoter of responsible decision makingregarding alcohol, each year recognizes a select few peopleacross the nation for their leadership, continued interestand passion for the issue of traffic safety. I am honored toreport that this year Judge Graber has been selected as arecipient of the 2013 Kevin E. Quinlan Award forExcellence in Traffic Safety by the Century Council inhonor of his longtime leadership and accomplishments intraffic safety. Judge Graber was presented with this awardon Capitol Hill in Washington, DC on December 5, 2013 aspart of their annual Holiday event.

We congratulate Judge Graber forthis incredible honor and thankhim for all the support hecontinues to give us as well!

Submitted by Debbie NewhamNYSAMCC 2nd Vice PresidentPatchogue Village Sr. Court Clerk

Each year a number of court clerks are awarded a Certificate of Recognition acknowledging theiryears of service as a court clerk.

Many congratulations to the court clerks for their “yearsof dedicated service” and for all they contribute to theirprofession. Best Wishes on many more to come!


CLERK CHATTER

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CERTIFICATE OF RECOGNITION FOR YEARS OF SERVICE

5 YEARS OF SERVICE

10 – 14 YEARS OF SERVICE

OVER 30 YEARS OF SERVICE25 – 30 YEARS OF SERVICE

20 – 24 YEARS OF SERVICE14 – 19 YEARS OF SERVICE


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CLERK CHATTER

HONORING THE HONORABLE EUGENE W. SALISBURY

On Wednesday, August 21, 2013, the Village ofBlasdell held a ceremony to dedicate the courtroomto the late Honorable Eugene W. Salisbury. Judge

Salisbury presided over the courtroom from 1961 – 2001.He was a member of the New York State MagistratesAssociation and was President of the Association as well asnamed Magistrate of the Year in 1967.

The dedication included an unveiling of a portrait ofJudge Salisbury and a plaque honoring his achievements.Also, a plaque renaming the courtroom as the Hon.Eugene W. Salisbury Courtroom was displayed.

Judge Salisbury was known for his integrity and passionfor justice. He was a mentor to many.

Several members of the Salisbury family were presentincluding his wife, Joanne Salisbury. Judge Daniel P.Grasso, Blasdell’s current Justice, presented Mrs.Salisbury with a commemorative plaque reading “Inhonor of Village of Blasdell Justice Eugene W. Salisbury,for his decades of service, commitment and dedication tothe Village of Blasdell and his fidelity to Justice; May JudgeSalisbury’s wisdom linger in this courtroom, in which hepresided from 1961-2001.” Judge Grasso also, stated thatit is fitting the Judge Salisbury is watching over the

shoulders of the elected officials for this Village. JudgeSalisbury was a “Blasdell boy at heart.”

Submitted by Maria FalzoneNYSAMCC Directorand Blasdell Court Clerk

A leading supplier of NYS Court Record Keeping Supplies

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Receipt of Fine Case File Folders Laser Printer Receipts Marriage Service Booklets Small Claims Forms Civil Forms NYS Legal Forms Justice Cash Books

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ARTICLES

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FROM THE DESK OF TINA RICHBURG ... PROBATION TRANSFERS

How to handle Probation Transfers:Sentencing Court: Once a DP16 is signed andtransfer court is known, make a copy of the court

papers (see Page 3 and 4 of the Probation Guide found onthe T/V Resource Center website). The papers can either bemailed or scanned/e-mailed to the receiving court.Instructions for e-mailing the case file can be found on theT/V Resource Center website.

Do not change the CDR or TSLED records and notransmission is required. Fill out UCS-966 – ProbationTransfer Summary form. Set a control date for the expectedend date of the probation.

Receiving Court: Upon the receipt of the transfer case,enter bare minimum case information (name, DOB,charges) into the court’s case management system. Do notcreate a CDR or TSLED record. No transmission is required.

No other action needs to take place at this time.

Subsequent transfers: The Receiving Court sends a copyof the new Receiving Court along with the UCS-966 –Probation Transfer Case Summary Form. The newReceiving Court follows the same process as above.

Fines/Fees: If fines/fees are owed, the probationer shouldbe instructed to always pay the Sentencing Court. Uponreceipt of the fines/fees by the sentencing court, the courtwill record, receipt, deposit and update CDR/TSLEDrecords to reflect the payment and transmit. Sentencingcourt will fill out a UCS-967 – Change in Status Form toadvise the Receiving Court that fines/fees have been paid.

If fines/fees are owed and paid by the probationer to theReceiving Court, the following steps need to be followed:Record payment and classify as “Other”, receipt anddeposit monies. This will not appear on the court’smonthly financial report and will not be sent to the StateComptroller. Issue a check to the Sentencing court for thefine/fee payment. Mail the check along with the UCS-967 – Change in Status Form to the Sentencing court.Once the Sentencing Court receives payment, record and

receipt it (sending the receipt to the Receiving Courtletting them know that the monies were received).

Update the CDR/TSLED records to reflect payments andtransmit.

VOP re-sentence: If the probationer violates probationand is re-sentenced to something other than probation,the receiving court will handle it just like another otherviolation of probation transfer case. Enter the CJTN # andNYSID #, add the VOP disposition with the new sentenceand transmit the CDR.

The Receiving Court will complete a UCS-968 - Notice ofExpiration/Termination of Probation Supervision formand forward that along with the Violation of Probation andany other original paperwork to the Sentencing Court.

Records retention: The Sentencing Court files theoriginal case papers and keeps the file of records inaccordance with the applicable Records RetentionSchedule. The Receiving Court must keep a copy of thefile for a minimum of 1 year, but a 5 year retention isrecommended. The copy may be retained as anelectronic and/or paper file.

More Information: To find complete, detailed informationon Probation Transfers, including the Probation TransfersGuide, e-mail recipient directories for T/V and state-paidcourts, and fillable forms, log onto the T/V ResourceCenter website at: http://www.nycourts.gov/courts/townandvillage/judges_only/probationtransfers/

Or, from the T/V Resource Center homepage, click on“Topics A-Z,” and then click on“Probation Transfer.”

Please contact Glenn Poore,Bill Perritt or Tina Richburg if youhave any questions.

Submitted by Tina RichburgSenior Management AnalystCDR Unit at OCA

“Well there we are; the past, the present-past and thefuture. For me, I just want to say that no other personcould have had a better past and present than I had.Dora and Dora, I adore both of you!”

Love to all of you, Ramona

Photo left to right: Ramona Persan, elected Treasurerafter Dora Schultz; Dora Schultz, first Treasurer ofNYSAMCC, Inc. and Dora Richter, current Treasurer ofthe Association.

NYSAMCC TREASURES THE PAST, PRESENT & FUTURE


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ARTICLES

2013 ANNUAL CONFERENCE MASTER OF CEREMONY... NEAL SCHOEN

Good ole’ Neal, what can we say. He has been a fixtureat the conferences for the NYSAMCCs for years andyears. He’s been with the NYSDMV since 1976 so I

guess he’s a fixture there, too. In 2013, he graciouslyaccepted his second stint as Master of Ceremonies for theassociation banquet held in Albany. He was the life of theparty, again. He delivers funny, fresh material and when hespeaks of the court clerks, his colleagues and of theassociation in general, it comes from his heart.

He thanked all the people in the state agencies thatcome together throughout the year working to help thecourt clerks do their job. He also thanked the courtclerks for their service to their community and to NYS.He said that the court clerks continue to represent thevery best in public service. Every day we help NYS be abetter place to live and that is a job well done. He alsothanked the late Gene Salisbury, a great mentor andbest friend, for his tireless support and Neal asked for amoment of silence.

Out of the mouth of Neal… Ever notice how everyonedriving faster than you is a maniac and everyone drivingslower than you is an idiot!

A trooper stopped a vehicle for speeding on the thruwayand he said. “Hey buddy, where are you going so fast?”The man said, “Well, I’m a magician and a juggler and I’mon my way to the state fair, I’m doing a performancethere. I’m from out of state and I’m lost.” The troopersaid, “Oh, I love jugglers and magic! Tell you what, if youdo some juggling for me and show me some tricks, I won’tgive you a ticket.” The guy said, “But I don’t have the stuffto juggle, I sent it along ahead of me.” The Trooper said“Wait here!” and he got 5 flairs out of his trunk and litthem for the guy to start juggling. While the guy wasjuggling, another car stopped behind the trooper, gets out

of his car and climbs into the back of the patrol car. Thetrooper said, “What are you doing?” The man said,“arrest me now because I know I am drunk enough, soyou might as well take me to jail, there’s no way I couldpass that test!”

Neal then proceeded to introduce the Honorable GaryGraber, outgoing president of NYSMA. Judge Graberreminisced briefly about his time as president andexpressed his pleasure spending time in the classroomwith the court clerks. He said that while the neweducation program is entitled “Supporting the Bench,” hefelt it should be, “Saving the Bench” and thanked JudgeCoccoma for stepping up and supporting the developingeducational plans and programs

Keynote Speaker, Judge Coccoma was introduced but notbefore Neal delivered a few new jokes. Judge MichaelCoccoma is Supreme Court Judge for the Sixth JudicialDistrict and Deputy Administrative Judge for CourtsOutside New York City.

Photo left to right: Honorable Gary Graber (outgoingNYSMA, Inc. President), Honorable Michael V. Coccoma(NYSAMCC 2013 Annual Convention Keynote Speaker)and Neal Schoen (Master of Ceremonies.)

FROM THE DESK OF KEVIN REILLY

During the October 2013 New York State Associationof Magistrates Court Clerks Annual Conference andTraining Program, the “Supporting the Bench”

basic training classes were videotaped for the purpose ofbeing uploaded onto the Office of Justice Court Support’sCity, Town and Village Courts website www.nycourts.gov/justicecourts. These videos will hopefully serve as usefullearning tools for newly appointed court clerks. Theyshould also serve as helpful reference options for moreseasoned court clerks. The videos are expected to beuploaded by late January of 2014.

Back in the fall of 2013, I sent an e-mail out to all town andvillage court clerks informing them that a committee hadbeen established for the purpose of creating a Town and

Village Court Clerk Operations Manual. The e-mail alsorequested topics clerks would like incorporated into themanual be submitted to me via e-mail, and the committeewould do it’s best to accommodate such requests. I’m

happy to report that significantprogress has been made by thecommittee in developing themanual, and we expect to have itcompleted and uploaded onto the above referenced website byFebruary 2014.

Kevin ReillyManagement Analyst, Office of Court Administration


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HONORARY SPEAKER’S REMARKS TO THE NYS ASSOCIATION OF MAGISTRATES COURT CLERKS

The following speech was presented at the 2013 AnnualNew York State Association of Magistrates Court Clerk’sConference by Deputy Chief Administrative Judge(Outside NYC) Michael Coccoma.

Good evening,Thank you for your kind invitation to join you atyour Thirty-Third Annual Conference. I wish to

thank your President, Velma Richardson, as well as yourofficers and directors, for extending your kind invitation.I am very happy to be here.

I have a special connection to the Magistrates Courts.When I began my legal career practicing law in ruralOtsego County, I appeared often in our local MagistratesCourts as an Assistant District Attorney. I have fondmemories of the justices and clerks I came to know overthe years. Although much has changed in the 34 yearssince I began practicing in those courts, much remainsthe same.

Your courts still are the face of the judicial system tomany members of our community. You hear mattersranging from landlord/tenant and vehicle and trafficmatters to family offense proceedings when Family Courtis not in session, and serious felony matters as the courtwhere arraignments generally first take place.

This underscores the importance of your courts and theduties you perform. For that reason, I wanted to discussthe recent advancements in court clerk training andcontinuing education.

In the spring of 2013, under the direction of NancySunukjian, the Director of the Office of Justice CourtSupport, and with my support, the Town and VillageCourt Clerk Education and Training CurriculumCommittee was formed. This Committee includesrepresentatives from the Offices of Court Administration,the New York State Magistrates Association, and the NewYork State Association of Magistrates Court Clerks. TheCommittee has worked together and incorporated severalchanges to court clerk training, which included thecreation of a basic certification program for newlyappointed court clerks called “Supporting the Bench.”The topics that comprised the “Supporting the Bench”course of study are those topics the Committee felt newlyappointed court clerks should be familiar with at the startof their tenure. The primary presenters of these topicswere chosen from your organization and posess a keenworking knowledge of the subject matter and haveextensive teaching experience. Additionally, the“Supporting the Bench” class handouts now include

forms which clerks routinely complete that pertain to thecorresponding topic being presented.

These classes have been recorded and will soon beuploaded into our Office of Justice Court Supportwebsite. This should greatly enhance the portion of thewebsite that caters to the town and village court clerktraining. This is our attempt to reach those court clerks,as well as those judges who are without clerks, who areunable to attend major court clerk training programs.

I am pleased to report that the Office of Justice CourtSupport has also recently assembled a committeecomprised largely of members of your Association, alongwith other OCA representatives to create a Town andVillage Court Clerk Operations Manual. The committeehas already met, assignments have been distributed, andthe committee is hopeful to have the manual completedin early 2014. We believe that such a manual will serveas a useful tool for not only newly appointed courtclerks, but for those town and village judges operatingwithout the service of a court clerk. Additionally, it canbe used as a helpful reference guide for the seasonedcourt clerk as well.

The Office of Justice Court Support is in the process ofrevamping their website as well. While doing this, we areworking on improving not only the information that isavailable to judges, but to you as the clerks. Trainingvignettes are going to be recorded in our newlyestablished recording studio and posted on this site.Links to additional agencies and resources will also be onthis site. Feel free to contact the Office of Justice CourtSupport. Let them know what you would like to see ontheir website; what kind of things would be useful to you,the court clerk. And, in addition, if any of you wish toaudition for any roles in these vignettes, screen testingwill be held in the near future. In fact, it is myunderstanding that Velma Richardson, your president,will be recording opening remarks for the “Supporting theBench” program that will soon be posted on the website.

When I look at the topics of the “Supporting the Bench”fundamentals that have been prepared for your training,I am impressed, not only with the range of topics, butwith the important role and responsibilities that you, theclerks, play. No question — you are a vital foundation tosupporting the success of your judge. Being able tomanage a court which provides fair access to justiceallows better service to your community.

These efforts to improve training and access to trainingfor court clerks is something that we will annuallyimprove on. With your input and cooperation, clerksthroughout the State should benefit.


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HONORARY SPEAKER’S REMARKS TO THE NYSTAGMIC ... CONTINUED

We remain fully committed to supporting town and villagecourts. As an example, $31.5 million in JCAP fundingwhich has been provided since 1999 showed OCA’scommitment to the justice courts. JCAP grants havefacilitated upgrades in security equipment, purchase ofoffice furniture, helping the courts rebuild afterdevastating storms. JCAP applications for 2013-2014 aredue by October 15th.

Your job poses many challenges. As clerk of the court, youshare the common obligation of the judges entrusted withthe responsibility of providing a judicial process that isfair and efficient. We, you, must ensure that thecourtroom is a place where all who appear are treated

with patience, dignity, and courtesy. As in most effectivepublic, private, and non-profit organizations, ongoingeducation and training are essential to theprofessionalism and vitality of your members. There is nosubstitute for proper legal training to inform you andassist you with fulfilling your roles.

In conclusion, remember, as clerks of Magistrates Courts,we must all work together toward a goal of providing thepublic with fair and efficient courts, thereby ensuringrespect and independence of the Judiciary. Thank you foryour continued commitment to improving theadministration of justice and for your tireless efforts onthe front lines to serve the People of our State.

GOT IMPORTANT TIPS/INFO/RECALLS?let us know at [email protected]

SPRING DOCKET DEADLINE IS APRIL 30, 2014

Michael V. Coccoma was appointedas Deputy Chief AdministrativeJudge for Courts Outside New YorkCity in May 2009 by the ChiefAdministrative Judge. Theappointment was made with theapproval of Chief Judge JonathanLippman and in consultation withthe Presiding Justices of theAppellate Divisions of the Second,

Third and Fourth Judicial Departments. In his position,Judge Coccoma is responsible for managing the courts inthe 57 counties outside of New York City, which includesover 700 justices and over 5,500 non-judicial employees.

Judge Coccoma is a graduate of The Citadel and earnedhis J.D. at Albany Law School. He began his career inprivate practice and served as Otsego County Attorneyand Assistant District Attorney before being elected asDistrict Attorney in 1991. He was elected to his first termas a multi-bench judge of County Court, Family Courtand Surrogate’s Court in Otsego County in 1994. In 2004,he was re-elected to County Court. Judge Coccoma wasappointed an Acting Supreme Court Justice in 2000 andelected to the Supreme Court in 2008. He also served asa Drug Treatment Court judge for seven years. Currentlyhe presides over Felony Jury trials in Supreme Court,Schenectady County, New York and Supreme Court Civilcalendar in Otsego County, in addition to hisadministrative duties.

In addition to this experience, Judge Coccoma has servedin important state-wide committees, including the NewYork State Matrimonial Commission, charged withexamining and recommending reforms in divorceproceedings, and the Family Court Advisory and RulesCommittee, which recommended proposals for changesin family court procedure and family law to better servethe public. Recently he served as an ad hoc member ofthe New York State Bar Association’s Task Force study ofNew York’s Family Court. He also is a member of the E-Filing Planning Committee for the Unified Court System.He has served as a member of the Law Guardian Advisoryand Rules Committee for the Third Department, theFamily Court Advisory and Rules Committee, and theOtsego County Children’s Center Committee, whichcreated a safe haven for young family members of courtusers awaiting hearings.

Judge Coccoma and his wife, Ellen, reside inCooperstown, New York. His commitment to publicservice extends through to his active participation in hislocal community where he serves as a VolunteerEmergency Medical Technician for the CooperstownEmergency Squad. He also enjoys motorcycling anddistance running.

Judges and Court Clerks command no troops and,except for a Court officer, have little ability to directlyenforce their will in the courtroom. The real power of

the bench resides in the respect of the American people.In a democracy that sees even senators and presidentscalled by their first names, judges are elevated on a benchand wear a black robe. All of us, regardless of status andposition, are required to address judges by their title andin respectful tones. The most powerful politician is subjectto the jurisdiction of the smallest village court. All areexpected to treat the court with respect and to obey thecourt’s order. Given the typical American’s lack ofreverence for most authority, their regard for the courts isquite remarkable.

They trust our system to be fair. They trust that we will bewhat we are supposed to be. They walk into the courtroomnervous and apprehensive, but mostly with respect. Thisis a place where lawful authority is exercised in people’saffairs every day in every village, town and city in theUnited States of America. Their faith in our system is oursto lose. It is the duty and responsibility of every judge,court clerk and attorney to maintain their belief in thesanctity of our courts and our system of justice.

That means that we must do what we are supposed to doand we must do it both in form and substance. What dopeople see when they enter your courtroom? How do theyfeel when they hang up the phone after having spoken tothe clerk of the court? What biases do we convey thatdiminish the fairness and neutrality that our peopleexpect from our judges and the clerks who run the courts?

People are nervous when they call a court. Whether theyare defendants, or lawyers, the clerk of the court is anintimidating person. Clerks speak for and to the judge. Ifthe clerk does not like you, it is natural to think that thejudge will feel the same. If the clerk is irritable or abrupt,it causes people to think that they will be treated badlywhen they come to court. The smallest village courtexercises great power and is quite frightening.Accordingly, an expression of irritation or disfavor has abig impact.

Court clerks and judges should never lose sight of the factthat they scare people. While you must always demandrespect for the court, you should do so with moderation

and decorum. Court clerks should answer the court’stelephone with the assumption that the person who iscalling is likely to be nervous and apprehensive. Thatnervousness may make it difficult for them to understandthe information being conveyed to them. Clerks shouldnot express irritation at having to repeat informationgiven the fact that the people calling are at the very leastnervous and/or outright frightened. There are few thingsmore welcome than a friendly voice in a court’s office.

While the court clerk may think that he or she is simplyproviding directions, or the time that the court will beheld, they are actually conveying an impression of whatthe court will be like when the caller walks into thecourtroom. People presume that the court clerk’s attitudeand personality reflect that of the court itself.

The lawyers who practice in local criminal courts spend agreat deal of time talking to court clerks. An impatient orirritable court clerk can ruin their day. When a court clerkis abrupt or nasty on the phone, the caller does notassume that it is the clerk’s problem, they take theirbehavior personally as a reflection of something that theyhave done or failed to do. This is particularly the casewhere someone has entrusted their case to them and theyfeel that they have alienated the court in which that casewill be decided. Good lawyers owe their clients theestablishment of a good working relationship with theclerks and judges of the courts in which they practice.Many lawyers will decline to represent clients in courtsthat they deem hostile.

Accordingly, emotional self-discipline is one of the mostimportant qualities of a clerk or judge. The expression ofirritation, anger or other negative emotion conveys bias,and undermines people’s faith in the impartiality andfairness of the court. While the clerk of the court is not thejudge, the clerk is an extension of the judge and the clerk’sstatements and expressions of emotion are seen as thoseof the court itself.

POLICE OFFICERSSome of the finest people in our justice system havebadges and wear uniforms. While there are certainly badand abusive people in law enforcement, police officers aregenerally caring people who enter our justice system forthe opportunity of serving others.


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WORTH REPEATING ... IF YE BREAK FAITH

Every so often I like to reprint a previous article. For this issue I chose, If Ye Break Faith by Peter Gerstenzang. Peterwas kind enough to take the time to be one of the lecturing instructors at our 2013 Albany Conference. His class washeld on Wednesday and many of the clerks that had to leave early did not get the opportunity to attend. Here is histopic which all clerks should read and keep as a reference. It certainly is a motivator.


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WORTH REPEATING ... IF YE BREAK FAITH

As part of the discovery materials in a vehicularhomicide, I had the opportunity of listening to severalhours of the taped radio calls of a municipal policedepartment. Contrary to the expected litany of arrestsand complaints, what I heard were officers going to theassistance of people and helping them with a variety ofproblems from domestic situations to medicalemergencies. It was a record of human beings selflesslyrushing to the rescue of others.

Police officers present a problem because the expressionof admiration and friendly familiarity jeopardizes theappearance of neutrality and independence. The Court isnot a law enforcement agency. No matter how great yourrespect and liking, judges and clerks must maintain theirprofessional distance when the court is in session. Thismeans that they do not publicly give the police specialtreatment. People watch everything that is said or done inyour courtroom. You send a message when you havepolice officers in your chambers or court offices.Judgments are constantly being made and your friendlyconversation with an officer may impact on theperception of your court’s impartiality. In short, ourfeelings, positive or negative must not affect outprofessional obligations. The court has neither friends,nor foes. Its legitimacy is dependent upon people’s faith inits neutrality.

LAWYERS People are fond of saying that the good lawyer knows thelaw, but the great lawyer knows the Judge. Thisperception undermines the faith of our people in theintegrity of our system. It is something that we must allcombat in every way possible. We are on constant display.An idle comment becomes the stuff of a defendant’sfamily legend, passed on to friends and relatives, andrepeated as gospel to a wide group of people.

Regardless of how close a personal association you mayhave with a particular attorney, the lawyer, the clerk andthe judge have an obligation to leave those relationshipsoutside the courtroom. I appear with some regularity infront of judges whom I have known for most of my life.Some of them danced at my wedding, and a few haveknown me since I was a teenager.

In Court, however, I am an attorney appearing before ajudge. Treating a court with less than professionalcourtesy and formality is a disservice to the lawyer as wellas the court; and, most importantly, the system to whichwe are all sworn. Appearances in a courtroom are veryimportant because lifelong judgments are made bycitizens who may never appear in a courtroom again.Those impressions will be passed on. As officers of the

court, lawyers have a particular responsibility tomaintain our people’s faith in our judicial system.Accordingly, courts should not tolerate familiarity or theappearance of disrespect by attorneys who say or dothings that detract from the formality due the nature ofthe proceedings being conducted.

COURT PROCEDURESThose who enforce and administer the law must,themselves, follow the law. There are few things moredestructive than the disregard of the law by those swornto administer it. If the court does not follow the law, howcan it sit in judgment of others?

Courts should conduct proceedings in public. The courtsbelong to the people and they have a right to see and hearwhat is going on. Of course, there are statutory and caselaw exceptions, but courts should not have waiting roomsfrom which people are called one at a time to a separatecourtroom where the judge is sitting. If necessary, holdcourt in the waiting room, but the administration of justiceis a public matter and cannot be conducted in private.

Start court on time. There are often reasons why thejudge cannot take the bench on time. These should be theexception and not the rule. People take the times on theirappearance tickets quite seriously and will go to greatlengths to get to court on time. They need to know thatthe court takes being on time as seriously as they do. Ifthe judge takes the bench late, take the time to explainthat the court had to address a pressing matter beforestarting the proceedings.

Courts do not have “policies.” Each person is entitled toindividual judgment. Similar fines may be imposed forsimilar offenses, but courts should not have pleabargaining policies or other “rules of thumb’ that deprivepeople of the individual consideration of the facts andcircumstances of their case.

Many courts have a “policy” of not allowing the defense acopy of the pre-sentence report. The defense attorneymay read it in chambers and take notes, if they so desire.Since the client is facing sentencing, a good lawyercomplies with the policy without complaint. The law,however, requires the court to provide defense counsel orthe defendant with the report at least one day beforesentencing so that they may make copies for themselves.Since the court is generally reluctant to turn over its owncopy, compliance with CPL § 390.50 (2) means providingthe defense with a copy. While the statute exemptscertain narrowly specified information, the disregard ofthis statute has a negative impact because it puts thecourt in violation of the law.

IF YE BREAK FAITH ... CONTINUED


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Similarly, both the prosecution and the defense have aright to a copy of the court’s file. There are, of course,statutorily exempted items, but routine police reportsand other items such as breath and blood alcohol testresults must be turned over to both sides, or they becomeex parte communications. Letters to the court frominterested people should, also, be turned over to theparties. Many judges direct their clerks to forward suchletters to the parties, but the judge never reads thembecause they are clearly ex parte communications. Thefact that the judge does not read a document does notexcuse a failure to turn it over to the parties.

Adjournments constitute one of the most important of acourt’s functions. Neither side should be permitted to needlessly delay a court proceeding. Forcing lawyers andlitigants to come to court, however, for no other reasonthan to obtain an adjournment is an abuse of courtdiscretion. The requirement of needless appearances isboth costly and detrimental to the integrity of the process.

Both public and private attorneys are paid for their timeand services. Most private lawyers charge their clients bythe hour, or consider court appearances in setting fees.Lawyers have an ethical and moral obligation to avoidunnecessary court appearances, which consume theclient’s retainer, or run up their bill. Cases should beadjourned by telephone, fax or email. It is also importantthat the judge’s time not be expended calling cases for thesole purpose of granting a routine adjournment.

Public defenders are so overloaded with cases that we arenow looking at ways of revamping the entire system ofpublic defense in New York. Courts are charged withupholding the Constitution’s guarantee of the right tocounsel. Clerks and judges have a responsibility to ensurethat this principle is not compromised by the waste ofprivate or public lawyers’ time. In short, legal services arecostly and should not arbitrarily be squandered. Courtshave ample power to control the process throughstatutory deadlines on motions and scheduling ofhearings and trials. The denial of legitimate adjournmentscan make litigation so costly that the innocent will pleadguilty because the cost of justice cannot be borne.

CONCLUSIONLike religion, our democracy is completely dependentupon the faith of our people. That faith is nurtured or lostby what Americans experience in their contacts with ourjudicial system. Generally, the most significant contactfor people with the judicial system is their “day in court.”Those of us who have the privilege of working in ourcourts have an obligation to keep faith with the principlesof our Constitution and the people whom we serve. In thecourse of human affairs, the American republic has beenone of the brightest lights in the history of government.The ideals of this democracy have been passed to us, andwe, in turn, must pass them on.

They are quite fragile. Governments rise and fall; themighty Roman Empire, the democracy of ancient Greece, and, most recently, the Soviet Union. While allgovernment seeks to preserve itself from the threatoutside its walls, it is the loss of people’s faith within thatmost commonly causes its collapse. In our generation, wewitnessed the second mightiest power on earth implodefrom its people’s loss of faith in Soviet Communism.Today, many Americans question the actions and policiesof our government. Many have lost the faith and trust theyonce had.

Yet, the courts remain strong in the hearts of our people.They trust and rely on the courts to set things right, topreserve their Constitution, and to protect them from theabuses of government. Each case is a statement of faiththat courts will uphold the law. The courts stand up to thepolice and prosecution when they violate the Constitution.They convict and punish the criminal, no matter how richor powerful.

We, ordinary and flawed people; clerks, judges andlawyers, carry the burden of sustaining their trust. Ourlocal courts are most important because they are the onesthat people most experience. We are the American justicesystem. It is we who must keep the faith of our people;and it is we who must honor our oaths by doing what wedo, every day, to the very best of our ability.

Submitted byPeter Gerstenzang, Esq.

THE COURT IS NOT IN LAW ENFORCEMENTTHE COURT IS IN CONSTITUTIONAL ENFORCEMENT

~ Peter Gerstenzang, Esq.


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501# . . . . . . . . .Court Control Number (also CCN & CJTN)ACD/ACOD . .Adjournment in Contemplation of DismissalADA . . . . . . . .Assistant District AttorneyAEYO . . . . . . .Apparent Eligible Youthful OffenderAKA . . . . . . . .Also Known AsARI . . . . . . . . .Agency Record IdentifierATF . . . . . . . . .Bureau of Alcohol, Tobacco, Firearms & ExplosivesAW . . . . . . . . . .Arrest WarrantBBO . . . . . . . . .Bring Back OrderBJS . . . . . . . . .Bureau of Justice StatisticsBOP . . . . . . . .Bureau of PrisonsBP . . . . . . . . . .Bail Poundage Brady Act . . . .Brady Handgun Violence Prevention Act of 1993BRD . . . . . . . . .Brady IndicatorBW . . . . . . . . .Bench WarrantCD . . . . . . . . . .Conditional DischargeCDR . . . . . . . . .Criminal Disposition ReportCHR . . . . . . . . .Criminal History Record

(Request Notification Message)CHRI . . . . . . . .Criminal History Record InformationCJIS . . . . . . . . .Criminal Justice Information Services DivisionCJTN . . . . . . . .Criminal Justice Tracking Number (also CNN & 501#)COB . . . . . . . . .Close of BusinessCPL . . . . . . . . .Criminal Procedure LawCTI . . . . . . . . .Court ORICTZ . . . . . . . . .CitizenshipCCN . . . . . . . . .Court Control Number (also CJTN & 501#)CVAC . . . . . . .Crime Victim Assistance CenterDA . . . . . . . . . .District AttorneyD’Al . . . . . . . . .Driver’s DMV abstractDCJS . . . . . . . .Division of Criminal Justice ServicesDDP . . . . . . . . .Drinking Driving ProgramDF . . . . . . . . . .Deported Felon (NCIC)DIR . . . . . . . . .Domestic Incident ReportDWI . . . . . . . . .Driving While IntoxicatedDWAI . . . . . . .Driving While Ability ImpairedDOA . . . . . . . .Date of ArrestDOB . . . . . . . .Date of BirthDOJ . . . . . . . .Department of JusticeDOT . . . . . . . . .Department of TransportationDOW . . . . . . . .Date of WarrantDRA . . . . . . . .Driver’s Responsibility AssessmentFBI . . . . . . . . . .Federal Bureau of InvestigationFID . . . . . . . . .Federal Identification NumberFFL . . . . . . . . .Federal Firearms LicenseeFNC . . . . . . . . .Fine Not CollectedFNU . . . . . . . . .FBI NumberFOIL . . . . . . . .Freedom of Information Law

(courts are NOT governed by FOIL)FOP . . . . . . . . .Family Order of ProtectionFPC . . . . . . . . .Fingerprint ClassificationFYI . . . . . . . . .For your informationICE . . . . . . . . .Bureau of Immigration and Customs Enforcement IDV Court . . . .Integrated Domestic Violence Court

i.e., . . . . . . . .that isIID . . . . . . . .Ignition Interlock DeviceIII . . . . . . . . .Interstate Identification IndexIND . . . . . . .IndictmentINTERPOL .International Criminal Police OrganizationIYC . . . . . . .Integrated Youth CourtLPR . . . . . . .License Plate Reader (on back of Police Car) MCDV . . . . .Misdemeanor Crime of Domestic ViolenceNCIC . . . . . .National Crime Information CenterNICS . . . . . .National Instant Criminal Background Check SystemNFOP . . . . . .Non-Family Order of ProtectionNYSDMV . .New York State Dept. of Motor VehiclesNYSID . . . . .New York State Identification NumberOCA . . . . . .Office of Court AdministrationOFF . . . . . . .Offense OOP . . . . . . .Order of ProtectionORI . . . . . . .Originating Agency Identification NumberOSC . . . . . . .Office of State ComptrollerPCO . . . . . . .Protection Order Conditions PD . . . . . . . .Public DefenderPIN . . . . . . .Person in NeedPINA . . . . . .Person in Need of ActionPL . . . . . . . .Penal LawPNO . . . . . . .Protection Order NumberPOP . . . . . . .Permanent Order of ProtectionPOB . . . . . . .Place of BirthPSI . . . . . . . .Presentence InvestigationR’All . . . . . .Registration’s DMV abstractRAP . . . . . . .Record of Arrests and ProsecutionsRCA . . . . . . .Record of Court ActivityRDR . . . . . . .Records Disposition Request (Form)SC . . . . . . . .SurchargeSCI . . . . . . . .Superior Court InformationSID . . . . . . .State Identification NumberSOC . . . . . . .Social Security NumberSSN . . . . . . .Social Security Number STF . . . . . . .Suspension Termination Fee/Scoff Termination FeeTASC . . . . . .Treatment Alternatives for Safer Communities

(Westchester)TO . . . . . . . .Town Ordinance TOP . . . . . . .Temporary Order of ProtectionTRR . . . . . . .Thruway Rules and RegulationsTSLED . . . .Traffic Safety Law Enforcement DispositionUCS . . . . . . .Unified Court SystemUTT . . . . . . .Uniform Traffic TicketVGTOF . . . .Violent Gang and Terrorist Organization File (NCIC) VOP . . . . . . .Violation of ProbationVTL/V&T . .Vehicle and Traffic LawUCMJ . . . . .Uniform Code of Military JusticeUD/UCD . . .Unconditional DischargeVA . . . . . . . .Department of Veterans AffairsVO . . . . . . . .Village OrdinanceVIP . . . . . . .Victim Impact PanelYO . . . . . . . .Youthful Offender

UPDATED ACRONYMS (JANUARY 2014)

Maybe you’ve seen a Uniform Traffic Ticket returnedto the courthouse with the words “Refused forCauses: Violation of Due Process” scrawled across

it in red ink. Or perhaps you’ve been confronted by adefendant demanding to see the presiding judge’s oath ofoffice or the prosecutor’s license to practice law. Worseyet, maybe you’ve even been served with a federal lawsuitaccusing you and other court sta ff of having violatedsomeone’s God-given rights under the “common law” andthe United States Constitution.

If you have, you are certainly not alone, as suchconfusing and oftentimes intimidating encounters havebecome more and more common in courthouses acrossNew York State. A growing number of self-described“Sovereign Citizens,” who are far-right anarchists thatbelieve our government is illegitimate and that our lawsdo not apply to them, have become bolder in takingaction against a court system they view as corrupted. Notformally organized, and described by the FBI as“domestic terrorists,” Sovereign Citizens have committedacts ranging from the harassment of court personnel andjudges to the murder of law enforcement officers. Andcourt clerks in our City, Town and Village courts, who aremost often the first members of our court system to comeinto contact with such individuals, are finding themselvesmore and more on the “front lines” of a growing conflict.

What is a Sovereign Citizen?

Sovereign Citizen ideology can trace its origins to thewhite supremacist movement in the Pacific Northwest inthe late 1960’s, where a loosely organized far-right socialmovement known as “Posse Comitatus” (meaning “forceof the county” in Latin) arose. This movement held thatthe highest legitimate form of government was at thecounty level, and the highest legitimate law enforcementagency was the County Sheriff. State and Federalgovernments and their respective branches and agencieswere therefore viewed as corrupted and illegitimate, andthose who came to describe themselves as SovereignCitizens felt that these governments therefore had noauthority over them.

This illegitimacy of the federal government was, theybelieve, rooted in the passage of the 14th Amendment tothe United States Constitution in 1868. According to theirbeliefs, the 14th Amendment created an entirely newclass of citizens whose rights were only granted to themby the government — as opposed to Sovereign Citizens,whose rights were granted by God, and guaranteed by theFounders of the United States in the U.S. Constitution.The first of these lesser “14th Amendment Citizens” or“citizens of the United States” were, of course, those ofAfrican descent born in the United States, since the

citizenship clause of the 14th Amendment had grantedthem citizenship and served to overrule the U.S. SupremeCourt’s 1857 decision in Dred Scott v. Sanford. SovereignCitizens, however, believe that these “citizens of theUnited States” came to include not just those of Africandescent, but anyone who acquiesced in the illegitimategovernment’s various assertions of authority over them.And so Sovereign Citizens believe that by continuedparticipation in the institutions and functions of thiscorrupt corporate government (such as through thepayment of income taxes, or property taxes, or the use ofa Social Security number) these lesser citizens werewillingly subjugating themselves to a governmentoverlord, and to “corporate slavery.”

Sovereign Citizens also believe that the illegitimacy of thefederal government is evidenced by the abandonment ofthe Gold Standard in 1933. Once U.S. currency was nolonger backed by gold reserves, Sovereign Citizensbelieve that the federal government became bankruptand began to use its citizens as collateral for trade withforeign nations. As a result of this, they believe that eachcitizen is assigned a monetary value at birth based uponhis or her expected lifetime earnings, and that thegovernment deposits that amount into a secret U.S.Treasury account it has created for each person. Thesesecret Treasury Accounts are evidenced by the issuanceof Social Security numbers and birth certificates, uponwhich only capital letters are used. Because this differsfrom common grammatical practice wherein only thefirst letter of a person’s first and last name is capitalized,Sovereigns believe it indicates that a “shell” identity isbeing referenced — a “Straw Man.” By utilizing a processknown as “Redemption,” Sovereign Citizens believe thatthey can then separate themselves from this collateral“shell” identity, or “Straw Man,” and gain access to themonies in their secret Treasury Account to satisfy all oftheir debts.

The most fundamental of the Sovereign Citizens’ beliefs,and the one which puts them most directly at odds withthose who work in our courts, is that the laws of our stateand federal governments do not apply to them. SovereignCitizens are fundamentally anarchists who regularlyreference arcane language in court decisions and variousobscure statutes to support their conviction that ourgovernment and laws are illegitimate, corrupt, and neednot be obeyed. At their most innocuous level, SovereignCitizens will vigorously challenge matters as simple asUniform Traffic Tickets through the filing of voluminous,and often nonsensical motions. They may attempt to takeup as much of the Court’s time as possible by engaging inrambling monologues about the historical “common law”bases for their beliefs along with their explanations of


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why the Court has no jurisdiction over them. They mayalso file voluminous motions totaling hundreds of pages orengage in “paper terrorism,” which includes the filing offalse liens against judges and court personnel as well as thefiling of frivolous lawsuits seeking redress for what theyperceive to be violations of their divinely given rights.

At their most dangerous level, however, SovereignCitizens have turned to vigilantism and violence,murdering law enforcement officers who dared attempt toenforce our “illegitimate” laws as well as innocentcivilians. Terry Nichols — who helped Timothy McVeighplan and carry out the murder of 168 men, women andchildren by blowing up the Alfred P. Murrah FederalBuilding in Oklahoma City, Oklahoma on April 19, 1995— is among the most infamous followers of SovereignCitizen ideology, but he is by no means alone. SovereignCitizens have called for the murder of judges who’veissued decisions with which they disagreed, and theyhave even convened their own “vigilante” grand juriescalling for the arrest of judges and court officials whorefuse to go along with their demands.

How Do You Know that You’re Dealing with a SovereignCitizen?

There are a number of indicators which signify that youare, or are may be, dealing with a Sovereign Citizen.Certainly the most obvious of these is the outrightdeclaration by an individual that he or she is a SovereignCitizen. Just as clear, however, is their peculiar use ofpunctuation in their names, such as “Doe: John” or“John-James (Doe)” along with the use of odd returnaddresses which include phrases such as “Zip CodeExempt” or “Albany, New York Republic of.” SovereignCitizens will regularly make notations referencingsections of the United States Code (USC) and the UniformCommercial Code (UCC), and may also make thenotation “UCC — All Rights Reserved.” Because financialinstitutions historically utilize red ink to cancel certaincommercial papers, Sovereigns will oftentimes use redink or red thumbprints on their correspondence tocourts, and they may return court correspondence to thecourt with phrases such as “Refused for Causes: NoOriginal Jurisdiction” or “Accepted for Value, Returnedfor Value; Exempt from Levy.” They may even presentfraudulent identification to the police and the courtswhich identifies them as members or diplomats of somestrange and unknown nation or tribe.

What should you do when dealing with a SovereignCitizen?

One of the things that can make dealing with a SovereignCitizen so challenging is the fact that most often they willnot utilize the services of an attorney, since they viewthemselves as having equal authority (i.e., sovereignty) to

the courts and the government. Obviously, judges andcourt clerks must take measures to ensure that thosecases involving Sovereign Citizens are dealt with as even-handedly as any other cases on the Courts’ calendars. Buthaving said that, court personnel must also take measuresto ensure that our courts remain safe and accessible to allother individuals as well. Once a Sovereign Citizen issuspected or identified, the Court Staff of your respectiveJudicial District should be notified along with your locallaw enforcement agency or the State Police. If yours is acourt without security personnel, it may be wise to makearrangements to have a Sheriff’s Deputy or other lawenforcement officer on hand to serve as a court officer forthose times when a Sovereign Citizen’s matter is on thecalendar. While it may not be appropriate to “guard” suchindividuals as if they were prisoners in custody, the courtofficer should be prepared to enforce the directives of thejudge which relate to maintaining decorum and thedignity of the court (e.g., those being disruptive or unrulymay be asked to leave). Again, Sovereign Citizens havecommitted extraordinary acts of violence in the name oftheir beliefs, and they must not be taken lightly.

When a Sovereign Citizen’s matter is called on the court’scalendar, everything should be placed upon the record inopen court, and the Sovereign Citizen should be given thesame opportunity to address the Court as any otherlitigant. This does not mean that the Court is obligated toallow a Sovereign Citizen to speak for as long as he or shewishes, or to filibuster the Court with endless argument.But it does mean that despite the frustrations of dealingwith them, Sovereigns must be afforded the samecourtesies as all other litigants. While courts and courtpersonnel are obligated to provide Sovereign Citizenswith certain documentation such as copies of pleadingsfiled with the Court, it is not the role of the Court or ofcourt staff to respond to discovery demands or motionsfiled; that is the role of the opposing party in the action,such as the prosecutor or the opponent in a civil matter.

Since the bizarre theories and convoluted tactics utilizedby Sovereign Citizens do not tend to succeed in courts oflaw, Sovereigns are not usually satisfied with thesubsequent outcomes of their cases. Accordingly, theyhave often sought to take out their displeasure anddisappointment through further harassment andintimidation of the Judge or court personnel involved. Ifyou find yourself being confronted or harassed by aSovereign Citizen, whether their case is still pending ornot, you should not hesitate to make a police report or, ifyour safety is threatened, to immediately call 911. And ifyou have had dealings with someone whom you believe tobe a Sovereign Citizen it may be a good idea to run acredit check upon yourself to discover whether any lienshave been fraudulently filed against you. Of course, if


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20

Did you know that there is a way to collect on thoseunpaid Hunting/Fishing tickets that seem to justpile up?

While going through old tickets and seeing that multiplereminder letters were sent with no response from thedefendant, I decided to call the DEC office in my region.(Helpful hint: These phone numbers are listed in the NewYork Hunting & Trapping guide that is handed out by ourtown clerk when a person purchases a license every year).When I explained my dilemma on collecting unpaid finesthey were glad to help me. In less than a week I receiveda supply of forms in the mail. [41-12-26(3/95)-71]

I followed the directions on the top of the form and sentthem back to the DEC office. It was only a short time afterthat we began collecting the unpaid fines.

The moral of this story is, suspend their privilege and theywill pay. The title of the form that you need is: NOTICE OFFAILURE TO ANSWER A UNIFORM APPEARANCETICKET – NOTICE OF LICENSE SUSPENSION and can befound on the following page of this issue of The Docket.

Mary DeSocio, Southport Court


you are served with a lawsuit by a Sovereign Citizenrelated to your conduct as a court employee you shouldimmediately notify your municipality’s attorney orcorporation counsel so that the Sovereign Citizen doesnot obtain a default judgment against you — especiallysince the lawsuit may be an entirely frivolous action.

Conclusion

Certainly not everyone who believes that law enforcementor the government is overreaching and violating theirrights is a Sovereign Citizen, and not everyone who

represents himself or herself in court or who has strangeideas about how our laws should or shouldn’t apply to themshould be feared as a “domestic terrorist.” But those whoidentify themselves as Sovereign Citizens should be dealtwith carefully, and cautiously for the sake of you as anindividual, and for the sake of our court system as a whole.Do not be afraid to ask for help or guidance in dealing withthem, and do play it smart and stay safe.

Submitted by Daniel M. Killelea, Esq., November 2013

Daniel M. Killelea, Esq. is anattorney based in Western NewYork who regularly practices inCity, Town and Village Courts aswell as County and State SupremeCourts and who limits his practiceto the defense of those chargedwith crimes and those facingprofessional discipline. He is aformer Assistant District Attorney

who is certified as a general topics instructor by the NewYork State Municipal Police Training Council, and is aninstructor at the Erie County Central Police ServicesLaw Enforcement Training Academy. Dan lecturesregularly to attorneys, judges and court personnel onrecent developments in the law as well as on matters ofgeneral interest to the legal community. He has beennamed to the “Who’s Who in Law” list by the BuffaloLaw Journal, and is a member of both the Erie Countyand New York State Bar Associations.

DID YOU KNOW?

Resources1. Sovereign Citizens, A Growing Domestic Threat to LawEnforcement; Federal Bureau of Investigation’s Counter-Terrorism Analysis Section (http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/september-2011/sovereign-citizens)

2. Sovereign Citizens Movement, Southern Poverty LawCenter (http://www.splcenter.org/get-informed/intelligence-files/ideology/sovereign-citizens-movement)

3. Intelligence Report, Fall 2010, Issue No. 139; Southern Poverty Law Center (www.splcenter.org)

4. The Lawless Ones; The Resurgence of the SovereignCitizen Movement, 2012 Edition; Anti-Defamation League(http://www.adl.org/assets/pdf/combating-hate/Lawless-Ones-2012-Edition-WEB-final.pdf)

5. United States v. Harold Turner, ___F3d___ (2d Cir. 2013)

6. Indictment of A. Gail Prudenti, Michael V. Coccoma,CRandall Hinrichs, Allan D Scheink, Allan, D Sheinkman,Unified New York Common Law Grand Jury, October 21, 2013(http://nationallibertyalliance.org/site/docs/Presentment%2010-21-13.pdf)

7. What is a Sovereign Citizen?; J.J. McNabb, Forbes.com,February 13, 2012(http://www.forbes.com/sites/jjmacnab/2012/02/13/what-is-a-sovereign-citizen/)

8. Sovereign Citizenship, Eric Scott Rosenstiel, Discharge-Debt.com (http://discharge-debt.com/id216.htm)

9. Sovereign Citizenship (http://www.sovereign-citizenship.net/home.html)


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22

Iknow many courts havebeen working on recordsmanagement projects, and

many of these projects come withlarge price tags. This is the time

when many courts consider applying for grants. Whetheryou are converting your paper records to electronic format,building a new records room or cleaning up the one youhave, there could be grant monies available to offset thecosts associated with these projects. The Local GovernmentRecords Management Improvement Fund (LGRMIF) andThe Justice Court Assistance Program (JCAP) can be usedfor a variety of records management projects.

2014-2015 LGRMIF Grant Information

Applications are currently available.

Application Deadline is March 1st of 2014

The Local Government Records ManagementImprovement Fund (LGRMIF) is a grant offered by theNew York State Archives for records managementprojects and is awarded to local governments as a whole.In order to apply, you will need to work with your town orvillage clerk as well as your NYS Archives regionaladvisor. LGRMIF also supports Disaster Recovery Grants.The NYS Archives has developed an e-grant system whichallows online applications. If you are interested inapplying for this grant contact your town or village clerk.

The NYS Archives also offer workshops that help with theapplication process as well as workshops on specific areasof records management. You can register for these freeworkshops online. For more information about theLGRMIF Grant and workshops available in your areaplease visit the NYS Archives home page:http://www.archives.nysed.gov/aindex.shtml

Please Note: If you are awarded a grant through the NYSArchives you must follow both NYS Archive’s andUnified Court System’s Policies and Guidelines.

For a Listing of Regional Advisory Officers, go to:

http://www.archives.nysed.gov/a/directories/dir_staff.shtml#Advisory

2013-2014 JCAP Information

JCAP funds can be used for your records managementneeds, including the purchasing of filing cabinets, storageboxes, file folders and more. If you are thinking aboutconverting to electronic records, JCAP also providesfunds for the scanning of documents, software installationand also records destruction. These items can make a bigdifference for your court!

Please note if you plan to use JCAP funds for a scanningproject you must follow UCS guidelines outlined inPolicy # 9, Guidelines for Electronic Records.

To apply, go to the web address listed below and followthe instructions for submitting your application online.JCAP Application Deadline was October 25th. Don’tworry if you missed out, there is always next year!http://www.nycourts.gov/courts/townandvillage/judges_only/jcap.shtml

Disaster Recovery

Unfortunately, some courts have had to deal with disasterrecovery. If you have been affected by a disaster, youmust contact the Office of Records Managementimmediately. The Records Management Officer for yourmunicipality should also immediately contact your NYSArchives Local Advisory Officer. No matter the condition,you may NOT destroy any records without writtenapproval from the Office of Records Management.Records that appear to be damaged beyond repair, canoften times be restored. LGRMIF and JCAP may havefunds to help restore records that need to be kept.

Be prepared for disasters by keeping an inventory ofrecords and their location. Additionally, keep emergencyphone numbers off site and consider creating backupcopies of documents by scanning or microfilming them.

For more information on disaster planning, check out theDisaster Planning Manual on our website.http://www.nycourts.gov/admin/recordsmanagement/pubs_training/manualdisaster.pdf

Questions and Answers

This past fall, I was invited to speak at several town andvillage court clerk district training programs. It was greatto get out of the office and have the opportunity to meetwith so many hard working and dedicated judges andcourt clerks. While teaching at these various trainingprograms, many insightful questions were posed to me. Ithought I would share with you the questions mostfrequently asked and my responses.

Q. What methods can be used to destroy records?

A. Once records have met their retention period and youhave received approval from the Office of RecordsManagement, record destruction can include shreddingand burning, as long as the information can no longer be read. Please see Record Management Policy #5 formore informationhttp://www.nycourts.gov/admin/recordsmanagement/policies/Policy5.pdf

You may also want to check with your county todetermine if they offer free shredding services.

WHAT’S ALL THE BUZZ ABOUT IN THE RECORDS ROOM?


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Q. Can courts send records offsite for scanning?

A. Yes, a court can hire an outside company to scan courtrecords. This will usually require the records to go offsite.Be sure to use a company that has a ConfidentialityAgreement. If sealed records are being scanned, a courtorder must be issued to unseal the records for scanningpurposes.

Q. The Service Education Incorporation (SEI) CourtroomProgram now offers a scanning option. Once records arescanned into the program, can a court discard the paperrecords?

A. Courts must get approval from the Office of RecordsManagement before ANY records may be destroyed. Thecourt must submit an Electronic Certification Form, aswell as a Records Disposition Request Form, to our officefor approval. Please note SEI is providing the software andis not responsible for maintaining the electronic records.The Electronic Certification form must be signed by thecompany or IT person who will be maintaining theelectronic records. Electronic records must be maintainedaccording to the guidelines outlined in RecordsManagement Policy #9. http://www.nycourts.gov/admin/recordsmanagement/

policies/Policy9.pdf

Electronic Certification Forms can be found on ourwebsite:

http://www.nycourts.gov/admin/recordsmanagement/forms/ElectronicRecordsCertificationForm.pdf

IMPORTANT REMINDERS!

The Office of Records Management has guidelines forelectronic and micrographic records. These guidelinesare outlined on our website as Policy #3 MicrographicsGuidelines and Policy #9 Guidelines for ElectronicRecords. Many courts have recently applied for grantfunds to scan or microfilm their court records. Courtsawarded grant funds from LGRMIF or JCAP shouldcontact our office before starting a conversion project.

For more information check out:

Policy #3 Micrographics Guidelines

http://www.nycourts.gov/admin/recordsmanagement/policies/Policy3.pdf and

Policy #9 Guidelines for Electronic Records

http://www.nycourts.gov/admin/recordsmanagement/policies/Policy9.pdf

All Records Management Polices and Guidelines can befound on our website:

http://www.nycourts.gov/admin/recordsmanagement/policies.shtml.

Courts wishing to destroy ANY records must first submita Records Disposition Request (RDR) form. A separateRDR form is required for each record series title andrecord series number.

Courts looking to replace paper records with electronicrecords must submit an Electronic Certification form inaddition to the RDR form. The form must be completedby the court and the representative maintaining theelectronic records. Courts looking to replace paperrecords with microfilm must submit Microfilm QualityTesting Reports completed by a third party vendor, alongwith the RDR.

Forms can be found on our website:

http://www.nycourts.gov/admin/recordsmanagement/too_forms.shtml

Forms may be submitted by fax, mail or by scanning [email protected].

FAX: (212) 428-2880

MAIL: Office of Court AdministrationDivision of Professional and Court ServicesOffice of Records Management25 Beaver Street - Room 883New York, New York 10004

EMAIL: [email protected]

When we receive your request to destroy records, wealways try to respond as quickly as possible. Please beaware the normal turnaround time for your recordsdisposition requests is 2-3 weeks. Plan accordingly whenscheduling your records destruction day. If there is anemergency situation please contact our office. Also, besure to allow more time when requesting to dispose offiscal records as they require approval from both ouroffice and the NYS Office of The State Comptroller.

Retention schedules, forms, and training materials can befound on our website:http://www.nycourts.gov/admin/recordsmanagement/index.shtml

We value your comments and suggestions. If you havequestions regarding records management or would like to

schedule training, please contact:Kristy Connor at (518) 238-4327or [email protected].

You may contact our main office at(212) 428-2875 [email protected]

WHAT’S ALL THE BUZZ ABOUT ...CONTINUED


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ANNUAL CONFERENCE MASTER OF CEREMONY... NEAL SCHOEN


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AWARD OF APPRECIATION FOR HON. ROBERT G. BOGLE

The 2013 “Award of Appreciation” has been given to Robert G. Bogle, Village of Valley Stream in Nassau County. Thisprestigious award is given just once a year and the recipient is selected for their extraordinary and exemplary effort toprovide educational opportunities for Town and Village Court Clerks. Judge Bogle has been the recipient of numerousawards and honors throughout his distinguished career; however this is his first award from the New York StateAssociation of Court Clerks. Congratulations Judge Bogle!

HONORED ... THE COLOR GUARD AT THE CONFERENCE

The Association would like to thank themembers of the Town of Colonie PoliceDepartment’s Color Guard for theirparticipation in this year’s AnnualInstallation Banquet held in October at theHoliday Inn. Pictured from left to right are:Ptl. Joseph P. Parker; Ptl. Richard M. Barber; Inv. Jason M. DePaulo and Sgt. Robert S. Donnelly, all of the ColoniePolice Department’s Honor Guard.


2014 ANNUAL CONFERENCE & TRAINING

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IN THE ETHICS CORNER

GOT IMPORTANT TIPS/INFO/RECALLS?let us know at [email protected]

NEXT ISSUE DEADLINE IS APRIL 30, 2014

As we continue to receive notifications ofopinions issued from the Advisory Committeeon Judicial Ethics from MaryRita Dobiel, Chief

Counsel for the Committee, we must take notice thatsome of these opinions affect the court clerks incarrying out the responsibilities of our positions in thetown and village courts.

Though the ultimate responsibility of your court’s funds isthe judge’s`, we all know as court clerks we are the onesreceiving, receipting the money daily and usually havethe responsibility of getting the funds transported to thebanks in a timely manner.

I hope opinions 10-93 and 12-89 referenced on pages 30and 31 of this issue of The Docket will be helpful to yourcourt in complying with the judge’s judicial dutiesregarding the transporting of your justice court funds tothe bank for deposit.

For any clarification regarding these opinions, your Judgeshould contact the Advisory Committee and/or theResource Center.

We are still looking for ethical questions or concerns fromthe court clerks. We will do our best to reach out toMaryRita and the Resource Center to try and get thecorrect answer for you.

Always remember there is a veryfine line between giving outinformation on procedure and ongiving out legal advice. We do notgive out legal advice.

Submitted by Denise CookinghamNYSAMCC Third Vice President Ethics Committee ChairTown of Mamaroneck Court Clerk


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COURT CLERK CONDUCT AND ETHICS FOR COURT CLERKS

Opinion 10-93

June 10, 2010

Digest: A town justice should not permit a town employee who is not subject to the town justice’ssupervision and control to transport funds the court receives to the bank for deposit.

Rules: 22 NYCRR 100.3; 100.3(A); 100.3(C)(1) and (2); 214.9(a); Opinions 09-116; 04-135; StateFinance Law §99-a(1); Town Law §27(1); Village Law §4-410(1)(b); Uniform Justice CourtAct §2021(1); 1983 Ops St Comp No. 83-174.

Opinion: A part-time town justice asks whether it is permissible to permit a town employee who isnot subject to the town justice’s supervision to transport funds the court receives to thebank for deposit. According to the judge, transporting funds the court receives to the bankfor deposit is now the court clerk’s responsibility. However, to cut administrative costs, thetown board proposes to have one town employee who is not subject to the town justice’ssupervision transport all funds received by town offices to the bank for deposit.

A judge’s judicial duties take precedence over all the judge’s other activities and include allthe duties of a judge’s office prescribed by law (see 22 NYCRR 100.3[A]). In performingthese duties, a judge must diligently discharge his/her administrative responsibilities (see 22NYCRR 100.3 and 100.3[C][1]).

With respect to bank deposits, the Uniform Rules for the Trial Courts require everytown justice to “deposit, as soon as practicable, all monies received in his or herjudicial capacity in a separate bank account in his or her name as such judicialofficer...” (22 NYCRR 214.9[a]).

The New York State Comptroller has advised that a town justice is personally responsible formonies that the justice court receives (see 1983 Ops St Comp No. 83-174 [opining that it istherefore “obvious” that a justice must have direct supervision and control over the receiptand handling of the funds]). Such monies must be deposited into the town justice’s separatebank account within 72 hours after receipt (see 22 NYCRR 214.9[a]) and must then be paidto the State Comptroller within the first ten days of the month following collection (see StateFinance Law §99-a[1]; Town Law §27[1]; Village Law §4-410[1][b]; Uniform Justice CourtAct §2021[1]). In light of this statutory scheme and the town justice’s personalresponsibility for the monies received, this Committee previously has advised that a townjustice should not permit the town supervisor, mayor, treasurer or village clerk to be asignatory on the town justice’s bank account (see Opinions 09-166; 04-135).

For similar reasons, it is the Committee’s view that the inquiring town justice should notpermit a town employee who is not subject to the town justice’s supervision to transportfunds the court receives to the bank for deposit. Such deposits should be made only by thetown justice or a court employee subject to the town justice’s supervision and control (cf.22 NYCRR 100.3[C][2] [a judge shall require staff, court officials and others subject to thejudge’s direction and control to observe the standards of fidelity and diligence that applyto the judge]; 1983 Ops St Comp No. 83-174 [“only court personnel subject to thedirection and control of the justice should receive, handle and deposit court monies”]).

ADVISORY COMMITTEE ON JUDICIAL ETHICSC/O OFFICE OF COURT ADMINISTRATION4 EMPIRE STATE PLAZA, SUITE 2001ALBANY, NEW YORK 12223-1450

George D. MarlowCHAIR

Betty Weinberg EllerinJerome C. GorskiVICE CHAIRS

COMMITTEERichard T. AulisiArnold F. CiaccioVito DestefanoDavid ElliotDebra L. GivensYvonne GonzalezMichael R. JuvilerBarbara R. KapnickBentley KassalE. Michael KavanaghJames J. LackYvonne LewisDaniel J. LoughlinRichard B. Lowe IIIJudith McMahonThomas E. MercureDenise F. MoliaRobert C. MulveyE. Jeannette OgdenJohn M. OwensStanley ParnessDavid J. RomanThomas J. Sheeran

CHIEF COUNSELMaryrita Dobiel

SPECIAL COUNSELEdward P. BorrelliRaymond S. Hack

STAFF COUNSELJeremy R. FeinbergAdina C. GilbertJuliana MaugeriJonathan Zimet

518-474-74691-866-795-8343 Toll Free

Samuel J. SilvermanCHAIR: 1987 - 1996

Thomas P. FlahertyCO-CHAIR: 1996 - 2007

HONORARY MEMBERSLouis C. BenzaLawrence J. BrackenHarold J. Hughes

ETHICS FACULTYRobert G. BogleShirley Troutman

JUDICIAL CAMPAIGN ETHICS CENTER

STAFF COUNSELLaura L. SmithDeborah E. Edelman

1-888-600-5232


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COURT CLERK CONDUCT AND ETHICS FOR COURT CLERKS

Opinion 12-89

June 14, 2012

Digest: While it is not inherently unethical for a town justice to use a bonded armored car service totransport court funds to a bank for deposit, the judge must comply with applicable laws andregulations.

Rules: State Finance Law §99-a(1), (3); Town Law §27(1); Village Law §4-410(1)(b); UniformJustice Court Act §2021(1); 22 NYCRR 100.2(A); 100.3(C)(1); 101.1; 214.9(a); Opinions 12-43; 10-93; 09-116; 04-135; 1983 Ops St Comp No. 83-174; 1979 Ops St Comp No. 79-285.

Opinion: A town justice states that his/her town is contracting with an armored car service totransport money collected by town departments to the bank for deposit. The judge advisesthat the armored car personnel will be armed and bonded. The judge further advises thatcurrently, the town court clerks transport the money collected by the court to the bank fordeposit. According to the judge, the amount of money transported is significant. The judgeasks whether it is ethically permissible for him/her to use the armored car service totransport court funds to the bank. In the judge’s view, it would be safer to use the armoredcar service. Also, the judge indicates that he/she can do so and still comply with the ChiefAdministrative Judge’s Rules that govern the deposit of court funds.

A judge must respect and comply with the law (see 22 NYCRR 100.2[A]) and must diligentlydischarge his/her administrative responsibilities (see 22 NYCRR 100.3[C][1]). In particular,a town or village justice must deposit all money received in his/her judicial capacity in aseparate bank account no later than 72 hours from the day of receipt, exclusive of Sundaysand holidays (see 22 NYCRR 214.9[a]). In addition, within the first ten days of the monthafter such money is collected, the town or village justice must pay it to the New York StateComptroller or, if so directed, to the municipality where he/she presides (see State FinanceLaw §99-a[1],[3]; Town Law §27[1]; Village Law §4-410[1][b]; Uniform Justice Court Act§2021[1]).

The New York State Comptroller has advised that a town justice is personally responsiblefor money the justice court receives (see 1979 Ops St Comp No. 79-285 [village justice ispersonally liable to pay fine money apparently stolen overnight from a file drawer inhis/her office]) and, therefore, must have direct supervision and control over the receiptand handling of such money (see 1983 Ops St Comp No. 83-174).

Consequently, the Committee previously has advised that a town justice should notpermit the town supervisor, mayor, treasurer or village clerk to be a signatory on the townjustice’s bank account and that a town justice should not permit a town employee who isnot subject to the town justice’s supervision to transport court funds to the bank fordeposit (see Opinions 12-43; 10-93; 09-116; 04-135).

Although the Committee believes that using an armored car service to transport courtfunds to a bank for deposit is a safer practice, and not inherently unethical, based on thestatutes, rules and opinions cited, it is unclear to the Committee whether a town justiceis legally permitted to do so. As the Committee cannot resolve a legal question (see 22NYCRR 101.1), the Committee recommends that the inquiring judge contact the City,Town and Village Courts Resource Center for legal advise.

In addition, the Committee calls upon the Office of Court Administration and the NewYork State Comptroller to clarify or seek the necessary changes in the governing statutesand rules to allow town and village justices to use an armored car service to transportcourt funds to a bank for deposit.

ADVISORY COMMITTEE ON JUDICIAL ETHICSC/O OFFICE OF COURT ADMINISTRATION4 EMPIRE STATE PLAZA, SUITE 2001ALBANY, NEW YORK 12223-1450

George D. MarlowCHAIR

Betty Weinberg EllerinJerome C. GorskiVICE CHAIRS

COMMITTEEDaniel AngiololloRichard T. AulisiArnold F. CiaccioVito DestefanoDavid ElliotDebra L. GivensMichael R. JuvilerBarbara R. KapnickBentley KassalJames J. LackYvonne LewisRichard B. Lowe IIIRobert M. MandelbaumJudith McMahonThomas E. MercureDenise F. MoliaRobert C. MulveyE. Jeannette OgdenJohn M. OwensStanley ParnessDavid J. RomanThomas J. SheeranMargaret T. Walsh

CHIEF COUNSELMaryrita Dobiel

SPECIAL COUNSELEdward P. BorrelliRaymond S. Hack

STAFF COUNSELJeremy R. FeinbergAdina C. GilbertJuliana Maugeri

518-474-74691-866-795-8343 Toll Free

Samuel J. SilvermanCHAIR: 1987 - 1996

Thomas P. FlahertyCO-CHAIR: 1996 - 2007

HONORARY MEMBERSLouis C. BenzaLawrence J. BrackenHarold J. Hughes

ETHICS FACULTYRobert G. BogleE. Michael KavanaughDaniel J. LoughlinShirley Troutman

JUDICIAL CAMPAIGN ETHICS CENTER

STAFF COUNSELLaura L. Smith

1-888-600-5232 Toll Free


ARTICLES

32

MY SIDE OF TOWN

Nestled in the north central portion of BroomeCounty in a little town called Port Crane is thehome of the Town of Fenton Justice Court. Our

town borders the Town of Colesville to the east, the Townof Chenango to the west, the Town of Barker to thenorthwest, the Town of Dickinson to the southwest andthe Town of Kirkwood to the south. We often times act asnearest arraigning magistrate for our neighboring towns,in addition to felony compliant arraignments. Althoughwe are far from having the magnitudes of vehicle andtraffic tickets that the interstates of Barker, Chenango,Dickinson or Kirkwood adjudicate, we pack a lot of punchin our little town. Interstate 88 or as we fondly refer to itas the Warren Anderson Expressway runs directlythrough our small town and is often traveled by motoriststraveling to New York State’s capital city of Albany. In1989, Fenton was the scene of the car accident that killedNY Yankee famed baseball manager Billy Martin. For asmall country town, the media made it the home of athree ring circus. Our historian claims that a coin wasflipped to determine which of the two Fenton judgeswould preside over the misdemeanor trial of William J.Reedy charged with driving while intoxicated. Specialaccommodations were made in the town hall to secureand keep the media at bay. I found it interesting when Iwas recently asked to conduct a records search of the filethat twenty-four and half years later, that “famous” caseput our little town on the map. Yes, the case file is stillretained under the retention schedule!

While there is never time off for an immediate arraigningmagistrate, it’s hard to determine how my Mondaymorning may look. As the sole clerk, sadly, a busy start tomy work week means more traffic violations and morecrime, but I love the challenges of managing a busy officeefficiently. Since my hire in June of 2005, I have seen atremendous amount of growth and improvement for mytown. I was hired by the Honorable John E. McEnaney andworked with him until his retirement in December of2008. We were fortunate enough to receive a JCAP grantin the amount of $18,724.00 in 2007 to update hiscourtroom, and so the remodeling began. The completiondate of construction fell just weeks prior to JudgeMcEnaney’s retirement, although it did allow for him tograciously sit on the bench a few times. From hazardousfolding orange metal chairs emerged beautiful refurbishedand stained pew benches that were no longer needed at anearby Catholic church. The prior bench was overlookedby almost every defendant that stood before your honor asit stood low to the ground with only a minor elevation. Itwas replaced with a much higher and more secure benchconstructed of solid oak. The bulk of construction of the

bench, as well as the attached witness stand and desk ofthe court clerk, were built off premises by a hired cabinetmaker. Since then, the Honorable Ambrose P. Madden hassucceeded the former judge and since January of 2008, henow sits on the beautiful updated courtroom bench. Sincethat time, he has added more updates to the courtroom inwhich he now calls his own. These updates include a jurybox, railing, updated lighting and technology including aTV monitor and DVD player for use during courtproceedings. Judge Madden has worked hard on applyingfor JCAP grants and securing monies since taking thebench. He has also secured funds to update the justiceoffices. The Judge’s chambers, as well as the office thatwas created for me, has allowed me the opportunity to finetune my court clerk duties working in a desirable and safespace. I never dreamed that a new workspace and filingsystem could allow for so much growth in efficiency! It’s awork in progress and with color coded reminders on casefiles, I have been given the tools to keep not only myselforganized, but I have enabled the Judge to work his waythrough a case file with ease. Another addition was a labelmaker that enables me to quickly scan a case file underthe bar code scanner. I’m always looking for ways to makemy job easier, I don’t easily embrace a new venture that Imay speculate will create more work for me. Don’t wehave enough to keep track of? It seems like there issomething new coming down the pike every day! With asimple barcode scan, up comes the case and you’re readyto make notes, review case history or report finaldispositions. Do you take advantage of all that yoursoftware program has to offer including, bail options, otherplayers, and archive letters? We are exploring the idea ofdual computer monitors. Although I am a littleapprehensive, I keep hearing that I will never go back,once I’ve given it a try. I will admit that I’m excited withthe thought of having the SEI program visible while beingable to be on the NYS Department of Motor Vehiclewebsite to verify information or immediately being able tolift a suspension. All of this takes money, I understand.Judge Madden continues to apply for additional JCAPgrants to increase the security for both of us and anyupgrades that can make our jobs simpler. In an everchanging world we need to take every precaution whileadjudicating justice. We have partnered with our Townand are grateful for what the Justice Court AssistanceProgram has done for our municipality. Are you taking fulladvantage of applying for these grants? The Town ofFenton is a fine example of what can be accomplished andwe’re not done! The attached pictures are a testament tohow, safe, secure and professional your court can look. It’sup to you to do the rest! Efficiency and how you dress andconduct yourself with the people comes within your scopeof duties and responsibilities. I’ve always had tucked away


33

ARTICLES

MY SIDE OF TOWN...CONTINUED

in the back of my mind something that I’ve learned andcarried with me every day I come to work. Spoken byPeter Gerstenzang, Esq. “The court is not in lawenforcement, the court is in constitutional enforcement.”The new decorum of our courtroom and offices allow usthe opportunity to look pristine and professional. Inaddition, the upgrades were completed with security inmind. From there, we take it upon ourselves to treat thepublic with the utmost respect while remaining impartial.Although it may sometimes be easy to cross the line andanswer questions that are not ours to answer, we continueto remind ourselves of the headgear that we wear whileperforming our duties as court clerks and judges. I alwayskeep in mind that I’m just the “pusher of the paper” andthe “keeper of the record,” a duty that I hold with highregard. The clerical decisions are mine, let your Judgemake any and ALL judicial decisions on your courtrecords. Speaking of records, this year’s application for theJCAP grant is in hopes to be granted assistance inupdating our records room. Presently, our records are heldin a damp, cold and depending on the time of year, humidroom that is scattered with other town records. With thehelp of Judge Madden’s aggressive approach to keeping upwith technology, we hope to streamline the recordretention process to become paperless and more efficient.Keeping tidy your old records is just as important askeeping your new ones organized and precise. How manytimes have you conducted a records search and mumbledto yourself “what were they thinking?” Do you want to beremembered or referred to as that kind of clerk or judge,or do you want to make every effort for improvement?

Whether it’s making improvements to your work space,making improvements to your organizational skills orwork ethics — take the step to improve! Everyone thatworks in our field has full knowledge of the changes thatso often occur. Embrace the challenge to keep up with thenew laws, the anticipated obligations and the newchallenges of your job responsibilities. Climb to thehighest level of your ethical responsibility and carry outyour duties conducting yourself in your workspace, withintegrity and professionalism. When the day is done, beproud of what you do and what you have accomplishedand most of all, network to help others! We’ve done it herein the Town of Fenton and you can too!

Submitted by Maureen A. RobertsTown of Fenton Court Clerk

I’ve written several articles in the past regarding tips oncollecting various forms of payment; it has taken me sometime to gather the information (and several rewrites) to

talk about the use of web payments or electronic payments toprocess court fines. Credit cards are a form of electronicpayment but I will address credit card payments through apayment services vendor. My court has used web paymentsfor parking since 2007 and web payments for court finessince 2011. In this article, I will present some factualinformation on the use of this payment option.

The use of web payments specifically with a third partyvendor has sparked controversy among many clerks whoquestioned if this payment method is permitted by The Officeof Court Administration (OCA) According to Nancy M.Sunukjian, Director — Office of Justice Court Support, “OCAdoes not endorse any particular vendor. However, if courtsare making these online payment services available tolitigants, the court should be sure to indicate to the users thatthe vendor(s) may impose additional fees and service chargesthat are not attributable to the court.”

The Hon. Charles Apotheker, Supervising Judge, 9th JudicialDistrict Justice Courts stated it was acceptable as long ascourts did not push it as the sole form of payment but listedit as just one of several payment options the public mayutilize to satisfy fines due to the court.

There are several different companies that offer credit cardprocessing services to courts and municipalities. In thisarticle, I will focus on two companies GovPayNet and nCourtfor the sole reason that they are widely used in many courtsin this region. This in no way is intended to be anendorsement of these particular vendors.

In recent months these vendors and others have come to theattention of many clerks in part due to their wide spreadcampaign to introduce their services to new governmentcustomers in this state. Many of you may have seen or visitedtheir booths at recent training conferences.

GovPayNet also known as Government Payment Service, Inc.and nCourt both offer credit card processing at no costs tothe court; the defendant pays a fee based on a percentage ofthe fine. Monies are deposited in the courts account within in72 hours and both vendors will assume responsibility for anychargebacks or disputes. I spoke with representatives fromboth GovPayNet and nCourt who say their services areflexible and can be modified to meet the needs of individualcourts. They also provide email notifications of payments andreconciliation reports.

Debby Dengel, Vice President director of Marketing forGovPayNet says her company offers three ways to pay;online, by phone or on site at the court using Gov$wipe (acountertop device)

“Gov$wipe” said Ms. Dengel is a great choice because itprojects an easy-to access Internet payment capability intothe local office environment without requiring ethernet orwireless capabilities for agency systems. It is basically a cardreader that allows the cardholder to swipe their credit ordebit card to connect with our payment website. They arepaying the fine as directed by the court; there is no need toshare any case information. We can also take multiple credit,debit and pre-paid debit cards to combine one payment. Thisoption can be helpful when dealing with large bail amounts.”

GovPayNet payment is processed using only the paymentinformation supplied by defendant to the website or to thephone line operator with website access. “We never handlethe card” says Ursula Plock of Milan Justice Court “Theperson paying the fine swipes it. I like that we don’t take anyof the credit card information. We have used GovPayNetsince 2006; we have not had any problems.”

Court clerk Colleen McGarry of Clinton Town Justice Courtlocated in Rhinebeck who has also used GovPayNet for oversix years agrees. “We like the ease of use with this system;we don’t have to upload any information to their website.After payment is made for our court, we sign onto theGovPayNet website using a special password, locate anypayments for our court, and confirm the record informationprovided by the defendant. We check accept and a lump sumis deposited to the court account as an ACH transfer in twoto three business days.”

nCourt also processes payments online and by phone butdoes not offer a card terminal. It recently partnered withService Education, Inc., (SEi) in order to offer an integratedservice that works with the CourtRoom program.

Basically, the court uploads only the fine due information tothe nCourt website; the Court can control what cases are sentup. My court prefers to exclude suspensions but nCourt iscapable of processing scoffs. After receiving a fine notice fromthe court, the defendant or motorist goes to the nCourtwebsite, enters the required information; they usually mustenter case or ticket number in addition to their name andother identifying information. The person using the websitepays a service fee based on a percentage of the fine. The courtpays nothing for this service. The court receives an e-mailnotice that someone has posted a payment and downloadsthe payment to SEi courtroom program. Once downloadedthe fine/ fee payment information gets applied to the case, a prompt then appears for the next receipt number. The DMV data screen is also updated and the case is disposedof in seconds. The payment is deposited to the court fineaccount in the same fashion as a credit card payment. Areconciliation report is e-mailed to the court listing the datesand amounts of electronic payments processed.


ARTICLES

34

THE FACTS ABOUT ONLINE PAYMENTS


35

ARTICLES

THE FACTS ABOUT ONLINE PAYMENTS ... CONTINUEDSonia Mercado-Jimenez of Pound Ridge likes the integratedsystem — “I considered it (nCourt) to be like an extra set ofhands. This is just another payment option for people to use.The people who use it are often out of state and feel moresecure entering their credit card information online insteadof sending it through the mail.”

There is a security concern that an outside party can nowhave access to the court records. Terry Wolfe, CEO of SEisays this is not correct: “It is a common misconception thatnCourt somehow has access to the courts data files. In factonly very carefully selected subset of the case data is sent tonCourt by ‘The CourtRoom Program.”

Cases are divided into three categories: VTL movingviolations, parking tickets and penal law cases. Each courthas control over the types of cases that they will send tonCourt for payment; sealed cases are never sent (if case issent to nCourt and later ‘sealed’, the program sends amessage to immediately delete the case information from thenCourt system.) The selection of case types is based on setupoptions selected by the court.

According to GovPayNet, they too have the capability to of anintegrated system but the stand-alone online, by phone orGov$wipe countertop alternative is the more is the morewidely used option for 95% of their clients.

nCourt also offers a freestanding version of their on linepayment service that is not integrated with SEi. CollinDougherty, regional director for nCourt explains, “With ourfreestanding or Express service, John Doe can go to the webor call our live call center, input all the information, name,court, citation number and amount. Once the informationgiven is confirmed as accurate, the clerk gets an e-mailnotification and can either accept or decline the payment.The clerk can visit the nCourt website and go to what we callthe “Dashboard” where the clerk can view the payments andsend a comment that a payment is under paid and additionalmonies are due or is an overpayment. nCourt then handlesthe entire refund process and/or correspondence with theticket holder indicating that an additional amount is due. Thefreestanding option basically allows the court/clerk toexperience online payments without the full integration. In

other words, it allows the clerk to fly the plane before turningon autopilot” (meaning the integrated option thru SEi).”

Jackie Ricciardi, clerk with Town of Harrison is signing upwith nCourt using the freestanding system. “The reason weprefer to use the freestanding system because is it’s nothooked with the courtroom program. We wanted to try thisservice due to our concern over credit card charge backs.When credit cards were introduced into the courts, none ofthe clerks were trained on lost prevention. The fact that if acourt loses a dispute over a chargeback we could be chargedas much as $500. I like that nCourt guarantees all feescollected regardless of any chargebacks.”

GovPayNet also guarantees that the court will keep any finepayments in the event of a chargeback. “With our service, thecourt can avoid all fee liability.” Says Debby Dengel ofGovPayNet.

The goal of this article is to provide some details andcomments about the use of these services in order to helpclerks explore what options are best for their court. Thisinformation should not be taken as endorsement for any ofthe vendors mentioned or as a recommendation that yourcourt should use this type of service. Not every service or toolwill be a good fit for every court. However, as our reliance ontechnological tools increases so does the need to providemore payment options to the publ ic. As clerks, we shouldseek out additional guidance and information to ensure weare using the right tools to manage our courts efficiently.

Submitted by Stephanie Timm-AustenAssistant Docket EditorTown of Pleasantville Court Clerk

SUBMISSIONS ... LET US KNOW WHAT’S IMPORTANT TO YOU

Do you have a story to share, question to ask or something that you want every court clerk in the state to know?

Do you have useful ideas, photos to share, recall information, proceedure, location and/or contact info changes?

please let us know at [email protected]

SPRING DOCKET DEADLINE IS APRIL 30, 2014

You will do a double take at these lookalike clerks wespotted at the fall NYSAMCC Conference in Albany. Theuncanny resemblances might make you wonder if theywere separated at birth.


36

APPROVED AMENDMENTS TO ASSOCIATION BY-LAWS

MEMBERSHIP

At our most recent NYSAMCC’s 2013 Annual FallConference, the following amendments wereapproved by unanimous vote by our membership

and will be added to our Association’s By-Laws.

Current ARTICLE III – Membership

(1) Qualification for Membership(b)(2) Honorary Membership shall be extended toPast Presidents and limited to those Clerks of a Courtwho served the Corporation as President and haveretired and/or discontinued such employment.

APPROVED CHANGE TO ARTICLE III – 1b2:(b)(2) Honorary membership shall be extendedto Past Presidents and Past Treasurers whohave served a minimum of three (3) full termsas Treasurer and limited to those Clerks of aCourt who served the Corporation as Presidentand Treasurers who have served a minimumof three (3) full terms as Treasurer and haveretired and/or discontinued such employment.

Current EXCLUSIONS: (Membership)

(d) Honorary Past President members shall not beexcluded from their participation as a member of theBoard of Directors, including voting, unless they areexcluded from voting as stated in Article III (1)(a).

APPROVED CHANGE TO ARTICLE III – Exclusions (d)

(d) Honorary Past Presidents members and/or PastTreasurers who have served a minimum of three (3)terms as Treasurer members, shall not be excluded fromtheir participations as a member of the Board ofDirectors, including voting, unless they are excluded fromvoting as stated in Article III (1)(a).

Respectfully submitted on behalf of the ParliamentaryCommittee: Denise Cookingham, Parliamentary Chairperson;Committee Members: Judy Bromley, Julie Gansle andAnnie Raskoskie

SEPARATED AT BIRTH

Photo to right: left to right:

Denise Cookingham& Julie Gansle

Photo to left: left to right: Beverly Pashley & Carolyn Harklerode

Photo to right:left to right:

Rori Zirman &Nancy Popper

Photo above: left to right: Julia Parry & Wendy Leach Photo to right: left to right:

Patti IIgner & Janet Smith


37

NEW YORK STATE ASSOCIATION of MAGISTRATES COURT CLERKS, Inc.

www.nysamcc.com

INVOICE: ANNUAL MEMBERSHIP DUES: JANUARY — DECEMBER 2014

FIRST NAME ______________________________________ LAST NAME_______________________________________

TOWN OF __________________________________ or VILLAGE OF ___________________________________COURT

COURT ADDRESS ____________________________________________________________________________________

CITY ________________________________________________________, NY ZIP _______________________________

COURT INFORMATION

COURT PHONE __________________________________________ COURT FAX _______________________________

EMAIL ADDRESS ____________________________________________________________________________________

COUNTY OF ________________________________________________________________________________________

Please complete this section ONLY if you are joining the Association for the first time.

DATE/YEAR YOU BECAME A COURT CLERK____________________________________________________________

NAME OF CLERK YOU REPLACED ____________________________________________________________________

ARE YOU THE CLERK IN MORE THAN ONE COURT? YES NO

NAME OF OTHER COURT(S) YOU ARE CLERK IN ______________________________________________________

DESCRIPTION ANNUAL $ DUE TOTAL PRICE

FULL MEMBERSHIP $35.00Annual membership dues for NYS Association of Magistrates Court Clerks, Inc.

RETIRED MEMBERSHIP $17.50Annual membership dues for Retired Members of the NYS Association of Magistrates Court Clerks, Inc.

TOTALMake checks payable to NYS Assoc. of Magistrates Court Clerks, Inc. or NYSAMCC, Inc.Please return this statement with your payment.

Mail to: 27 Rustyville RoadLoudonville, NY 12211

For questions or information please contact: Julie Gansle, Membership Chair at (518) 782-2604 orSandra Schweit, Treasurer at (631) 691-3303

COURT CLERKS encourage respect for the law and the administration of justice; Observe rules governing privileged communications and confidential information; Promote and exemplify high standards of loyalty,

cooperation, and courtesy; Perform all duties of the profession with integrity and competence.

Payment of dues will be accepted from January 1, 2014 through the “fixing of the record date.”

AS

S’N

. MA

G

ISTRATE COURT CLER

KS,

IN

C.

NEW YORK STATE

MEMBERSHIP


EDUCATION AND TRAINING

38

NYSAMCC POTSDAM SPECIAL MAGISTRATES 100TH YEAR DEDICATION SCHOLARSHIP APPLICATIONThe New York State Association of Magistrate’s Court Clerks will annually award a FULL scholarship package toattend the summer Potsdam Conference in honor of the Magistrates Association’s 100th year dedication which wasin 2009. Interested applicants must be designated and appointed Court Clerk for either the Town or Village Courtwithin New York State and must be financially unable to attend the Potsdam summer conference by virtue of nomunicipal funding. Only one applicant per court can apply, any previous winners will be reconsidered after 5 yearwaiting period. The applicant need not be a member of the association, but should be prepared to be approached aboutsuch membership. The application must be completed and signed by the applicant, complete with all requiredattachments, and forwarded to the Scholarship Committee for review. The Scholarship Committee will forward theirrecommendation to the Board of Directors prior to the Potsdam Conference. The scholarship award will cover allexpenses, except for personal incidentals at the conference. The decision of the Board of Directors will be consideredfinal and will not be subject to any review or appeal process In keeping with the mission of our organization, we offerthis scholarship to further the education of the town and village court clerks throughout the State of New York.

PLEASE READ AND COMPLETE THE APPLICATION

1. Name:_________________________________ Address: ______________________________________________________

2. Town/Village of: _____________________________________County of: ________________________________________

3. Length of Service:________ Are you a Member of NYSAMCC, INC.? yes no

4. Are you a Member of County Association? yes no. If yes, which county __________________________

5. Have you attended any prior Conferences? yes no. If yes, when & where __________________________

6. Have you attended any District Trainings yes no. If yes, when & where ____________________________

7. Phone number and email address: ______________________________________/________________________________

8. In order to have a complete application, you must have your judge attach his/her recommendation AND a

letter from the Chief Fiscal Officer of your municicpality to verify non-municipal funding.

Please sign and date the application and submit all documents prior to July 1, 2014 to: Gillian Koerner, Scholarship ChairArcade Justice Court17 Church StreetArcade, NY 14009

or call

(O) 585-492-4479

Dated this______day of _______2014 _________________________________________Applicant Signature

2014 SUNY POTSDAM: SCHOLARSHIP APPLICATION


39

EDUCATION AND TRAINING – AOTASSOCIATION OF TOWNS

RESERVATION & REGISTRATION INFORMATION

Registration Fees and Deadlines: $100 per member and$125 (non-member) before Jan. 27, 2014. Registrationspostmarked between Jan. 27, 2014 and Feb. 5, 2014 willbe processed at the on-site registration rates of: $135members; $160 non-members. Registrations will not beaccepted in our office after Feb. 5, 2014. Any registrationnot postmarked by Feb. 5, 2014 received in our office willNOT be processed. You will need to register on-site afterthat date. No exceptions.

2014 JUSTICE/COURT CLERK SESSIONS WILL BE HELD AT THE HILTON MIDTOWN NY

Justices and Court Clerks attending classes and staying ateither the Hilton Midtown or the Sheraton must pay the member/non-member registration fee (see above)accordingly.

Online Registration: Save time and paper by registeringonline at our website at: www.nytowns.org. Onlineregistration begins Nov. 4, 2013. Only Visa andMastercard will be accepted for online registration.

If you choose to do manual paper registration:

1. Completely fill in name, title, municipality, day phone,fax number, and e-mail address. Form on .

2. Make out a check payable to the Association of Townsfor the correct registration amount. Vouchers will NOTbe accepted.

3. Mail form and registration check to Association ofTowns, 150 State Street, Albany, NY 12207.

Hotel Reservations: Starting this year, the Association ofTowns will NOT be booking hotels for attendees throughmail registration ONLY. If you register for the AnnualMeeting through the mail with the formon Page 41 of thisissue of The Docket, you will also need to make theappropriate accommodations at the hotel of your choice.

Special room rates will still be available for AnnualMeeting attendees at the Hilton Midtown and theSheraton. The Sheraton is no longer accepting vouchers/purchase orders at the front desk. Please contact JamesFiltz (contact info on following page) for arrangements.

If you choose to do mail registration, please call:

1-800-HILTONS (1-800-445-8667) to book your roomat the Hilton or 1-800-325-3535 to book rooms at theSheraton. Hotel reservations can still be made throughonline registration.

Cut-off dates to book your rooms:Hilton Midtown – Jan. 15, 2014 (Parking $51 up to 24hours; $61 for SUVs and larger vehicles up to 24 hours).

Sheraton – Jan.24,2014 (Parking $52/day)

A “Breakfast with theAssociation” ticket is included with each paid registration.Additional breakfast tickets can be purchased at theAssociation’s registration desk up until Tuesday morning.

Cancellations must be postmarked or faxed to theAssociation of Towns by 5 pm on Jan. 31, 2014 for arefund. ALL CANCELLATIONS WILL BE CHARGED A$10 PROCESSING FEE. Each person is responsible forcanceling his/her own hotel reservation. You must have aconfirmation number to cancel.

Procedures for Bus Groups Attending the 2014 AnnualMeeting are as follows:

If you have eight or more people in your group, pleasefollow the group reservation procedure for the Hilton andthe Sheraton.

Cots or extra beds cannot be provided; it is against fireregulations in New York City.

The hotels will try to reserve all the rooms listed on theGroup Reservation Forms on the same or consecutivefloors to keep your group together, but such arrangementscannot be guaranteed.

To expedite your group’s arrival, please follow these steps:

1. Advise the hotel of your estimated time of arrival.NOTE: check-in time is 3 p.m. at all hotels. Due toheavy check-out on the Sunday of our arrival, there islittle chance of an early check-in.

2. Instruct your transportation (bus, mini-bus, or taxigroups) to arrive: Sheraton: on 53rd Street at theSheraton New York’s side entrance. Hilton: on 54thStreet Entrance across from the Ziegfeld.

3. If you are delayed and will not arrive at the scheduledtime, hotels may not have personnel curb side to meetyour group. In this case, please instruct the group towait on the bus while the group director goes to thehotel lobby and advises the bell captain of your arrival.

* Please call 800-Hiltons (1-800-445-8667) to confirmsleeping room accommodations.

Please Note the Following General Rules for Hotel Lobbies

• No eating of any kind is permitted in/around the lobby.

• Congregating in large groups must take place away fromthe guest elevators and/or the reception desk duringbusy times.

• For all groups, there is a mandatory baggage handlingcharge: Sheraton: $7.74 per bag/round tripHilton: $16.08/per person/2 bags/round trip

CONTINUED ON NEXT PAGE

February 16 – 19, 2014


EDUCATION & TRAINING – AOT40

• The baggage handling fee must be paid prior to arrivaleither by credit card or by check. When paying bycheck, please note that payment must be received 10days prior to arrival. Checks should be mailed to theattention of your convention services manager (madeout to the appropriate hotel):

Sheraton: James Filtz, Convention ManagerSheraton New York Times Square811 7th Avenue, New York, NY 10019

212-841-6549 • Fax: 212-489-9511

Hilton: Parker Burton, Sr. Event ManagerHilton Midtown1335 Avenue of the Americas, New York, NY 10019

212-261-5707 • Fax: 212-261-5921

CHECK-IN:

Check-in time at the hotels is 3 p.m., so please scheduleyour arrival accordingly. The hotels will make everyattempt to accommodate early arrivals; however, roomsmay not be ready in which case your group’s luggage willbe stored on a comp basis until the rooms can be assigned.

If you require bellmen to assist with the delivery of yourbags from the storage area to your rooms, they will behappy to do so.

CHECK-OUT:

Check-out time is 12 p.m. at all hotels. Late check-outscannot be granted due to occupancy.

Bag Pull: Please indicate on your sheets if you wish toschedule a bag pull at least one week prior to check-in.

Once a bag pull has been scheduled (normally baggagepick-up is scheduled one hour prior to bus departure), itis the responsibility of the group director to instruct eachgroup member to leave their packed luggage inside theirroom at least 15 minutes prior to the scheduled bag pulltime. Please note that all luggage should be labeled.

Please visit the NYC Welcome Desk next to the 2nd floorAOT registration area for a special package, which willinclude information and discounts on sightseeing, dining,theatre and more. We are happy to bring you these offersin conjunction with NYC & Company, New York City’spremier marketing and tourism partner.

Please register online through our Web site: www.nytowns.org and follow the links. If you register via mail with theform on the following page, YOU MUST BOOK YOUR OWN HOTEL ROOM FOR THE MEETING.We have contracted with the hotels listed below for special Training School rates. In order to keep meeting costs to aminimum, the Association has entered into a contract with the Hilton Midtown and Sheraton NY Times Square. If youchoose to make your sleeping room reservations outside of the Association’s group block, such as through an Internetreservation system or with a discount coupon, the Association can suffer significant financial penalties.

HOTEL HILTON MIDTOWN SHERATON NY TIMES SQUAREADDRESS 1335 Avenue of the Americas 811 7th Avenue

(6th Ave. & 53rd St.) (7th Ave. at 52nd St.)CUT-OFF DATE Jan. 15, 2014 Jan. 24, 2014SINGLE $256 $225 (plus $30 for each add’l person)DOUBLE $276 $225 (plus $30 for each add’l person)TRIPLE $296QUAD $316EXECUTIVE/CLUB $276 Single • $316 Triple $275 Single • $275 Double

$296 Double • $336 Quad (plus $30 for each add’l person)Based on Availability*

SUITES Singles or Doubles are available 1 Bedroom - Single/Double $575Please call 1 (800) HILTONS 2 Bedroom - Single/Double $750(1-800-445-8667) for rates.

* Check-in for the Executive Tower Rooms at the Hilton is in the Main Lobby of the Hotel**Check-in for the Club Tower Rooms at the Sheraton is at the main check-in desk on the lobby levelNOTE: Rooms will be automatically released after the cut-off dates and additional reservations or changes will besubject to availability.All reservations must be guaranteed by a major credit card. Room cancellations within 72 hours of reservation date and“no-shows” will result in a penalty of one night’s room charge.Hotels will accept only credit cards for the one-night deposit; they will not accept personal checks or vouchers fordeposits. Vouchers can be used for check out.** Please Note: FOR THE HILTON ONLY, a one-night deposit will be charged to your credit card immediately uponmaking your reservation.

Questions? Please contact Executive Meeting Coordinator Patty Kebea at the Association offices at 518-465-7933.


41

EDUCATION & TRAINING

February 16 – 19, 2014Hilton Midtown

1335 Avenue of the Americas, New York, NY 10019

Hotel Reservations: Starting this year, the Association of Towns will NOT be booking hotels for attendees throughmail registration ONLY. If you register for the Annual Meeting through the mail with the following form, you will alsoneed to make the appropriate accommodations at the hotel of your choice.

Registration fees: $100 (members)$125 (non-members) per person prior to Jan. 27, 2014. Paper registrations postmarked between Jan. 27, 2014 and Feb. 5, 2014 will be processed at on-site registration rates:$135 (members)$160 (non-members). Any registrations received in our office that are not postmarked by Feb. 5, 2014 will not be accepted, and you mustregister on site.

One registration form required per each meeting attendee.

1. Please print or type:

Name____________________________________________________________________________________________________

Title______________________________________________ Municipality __________________________________________

County___________________________________________ Phone _______________________________________________

Address ________________________________________________________________________________________________

2. Please book your own hotel reservation• Call 1-800-HILTONS (1-800-445-8667) to book rooms at the Hilton. Reference Hilton code “Towns” OR• Call 1-800-325-3535 to book rooms at the Sheraton. Reference “Association of Towns”

3. Mail completed registration form with a check for the appropriate registration fee to:Association of Towns150 State Street, Albany, NY 12207

4. Questions? Contact Executive Meeting Coordinator Patty Kebea at the Associ ation of Towns at (518) 465-7933.

ASSOCIATION OF TOWNS REGISTRATION FORM


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DISTRICT & COUNTY REPRESENTATIVES

44

The NYSAMCC is looking for CountyRepresentatives from the followingCounties:

Albany County – Third DistrictFranklin County – Fourth DistrictHamilton County – Fourth DistrictDelaware County – Sixth DistrictOntario County – Seventh DistrictSteuben County – Seventh District

Anyone interested? It is a great way to get toknow your fellow clerks in your County. There isno set requirement to become a County Rep.Basically, we are looking for clerks that are willingto try and help the association get valuableinformation out to the courts in your respectiveCounties. Equally important is to try and set up some kind of network, support system withinyour County to help each other with issues that will arise. This can be done via e-mail or by setting up meetings and trainings for your County throughout the year. We are aware thatgeographically it is easier for some Counties tohave these meetings and trainings for their clerks,while in other areas it just is not feasible for clerksto get together in one area for a County meeting.If your County is vast and covers a large area,there can be a rep from the northern part and arep from the southern part. Our goal is to have atleast one representative from each County, so wecan have all Court Clerks-no matter how large orsmall your court is or how often you hold Court-be informed about any new requirements we ascourt clerks must abide by and follow. It is veryhelpful for all County Reps to try and reach out to any new clerks in your area and offer your assistance if needed. Also, if you can gather any general information about the court personnelin your County, i.e. births, retirements, transfers,appointments etc., is always welcome to besubmitted as an article or update for an issue of The Docket. If anyone is interested or has any questions about becoming a “CountyRepresentative”, please don’t hesitate to contactanyone of the County Chapters committeemembers listed below. It is really a nice way tomeet and be in contact with the other clerks inyour area. If there is already a County Rep for yourCounty and you are also interested, please contactus. There can be more than one representativeand we are always open to new ideas.

Third District Becky Letko [email protected] Dora Shultz [email protected] Kim Leggio/Sandra Kiley [email protected] Debbie Coppola [email protected] Arlene Needleman [email protected] Maryjean Carroll [email protected] Donna Fuentes [email protected]

Fourth District Jane Curtiss/Dora Richter [email protected]/[email protected] Pam St. John [email protected] Cindy Anslow [email protected] Donna ColemanFulton Rebeccca Selee [email protected] Charlotte SmithMontgomery Heather Rose [email protected] Jane Curtiss [email protected] Audrey Osterlitz [email protected] Lawrence Debbie Coppola [email protected] Nancy Earl [email protected] Lisa Ringer [email protected]

Fifth District Terri Luke/Sandi McKee [email protected]/[email protected] Wendy Leach [email protected] Diane Gregory [email protected] Aimee Murphy [email protected] Sylvia Crandall [email protected] Sandi McKee/Mary Upwood [email protected]/[email protected] Susan DeMong [email protected]

Sixth District Theresa Reuter (UCS) [email protected] Robin Kratz [email protected] Mary DeSocio [email protected] Diane Gregory [email protected] Margaret Capp [email protected] Kim Howard [email protected] Victoria Robbins [email protected] Carmella Hoffman [email protected] Cheryl Adams [email protected] Cindy Vicedomini [email protected]

Seventh District Terri Bolt [email protected] Vicky Coraci [email protected] Norma Geary/Kathy Watkins [email protected]/[email protected] Dawn Rejewski [email protected] Sue Ricci [email protected] Terri Sandifur [email protected] Elizabeth Dibble [email protected] Tammy Hullings

Eighth District Gillian Koerner [email protected] Penny Coleman [email protected] Denise Richards [email protected] Wanda Crossley [email protected] Maria Burns [email protected] Pam Yasses [email protected] Jackie Teixeria [email protected] Stacy Silker [email protected] Gillian Koerner [email protected]

Nineth District Debbie Bart (USC) [email protected] Ursula Plock [email protected] Wendy Michaels [email protected] Pat Genna [email protected] Marie Cush/Joan Will [email protected]/[email protected] Sonia Mercado-Jimenez [email protected]

Tenth District Linda McCartney [email protected] Debbie Newham [email protected] Velma Richardson [email protected]

ATTENTION!! ATTENTION!! COUNTY REPRESENTATIVE POSITIONS AVAILABLE!!

Current County and District Representatives: Please lookover the County/District Rep listing and notify me of anyname or e-mail changes. If anyone knows that a namelisted is no longer a clerk, again please let me know.

A big “Thank you” to all the County/District Reps thatwere able to attend and participate in our 8:00 ammeeting which was held before classes at this year’sAnnual Conference. Your input is always helpful andvaluable and is greatly appreciated. It’s also always nice tosee all of you-the county reps are great bunch of women!(see pictures in this issue).

Respectfully submitted by Denise CookinghamCounty Representative Committee Chair

Committee Members: Marie Falzone, Gillian Koerner,Sonia Mercado-Jimenez and Larry Cassidy

Below is a list of the District Administrators and theircontact information:

District #3: Becky Letko – [email protected]

District #4: Jane Curtiss – [email protected]

Dora Richter – [email protected]

District #5: Terry Luke – [email protected]

Sandi McKee – [email protected]

District #6: Teresa Reuter – [email protected]

District #7: Terri Bolt – [email protected]

District #8: Gillian Koerner – [email protected]

District #9: Debbie Bart – [email protected]

District #10: Debbie Newham – [email protected]

Linda McCartney – [email protected]


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ATTENTION!! ATTENTION!! ... CONTINUED

DO YOU RECOGNIZE YOUR DISTRICT REPRESENTATIVES?

3RD JUDICIAL DISTRICT (LEFT)REP COUNTY TOWNDonna Fuentes Ulster County Town of Plattekill

4TH JUDICIAL DISTRICT (RIGHT)REP (left to right) COUNTY TOWNJane Curtis Saratoga County Town of MaltaDora Richter Saratoga County Town of Massena

5TH JUDICIAL DISTRICT (LEFT)REP (left to right) COUNTY TOWNWendy Leach Herkimer County Town of SchuylerMary Upwood Onondaga County Town of Camillus

6TH JUDICIAL DISTRICT (RIGHT)REP (left to right) COUNTY TOWNKim Howard Madison County Town of SullivanCindy Vicedomin Tompkins County Town of Groton

Village of FreevilleRobin Kratz Broome County Town of ColesvilleMary DeSocio Chemung County Town of SouthportCheryl Adams Tioga County Town of Oswego



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DO YOU RECOGNIZE YOUR DISTRICT REPRESENTATIVES?

6TH JUDICIAL DISTRICT (RIGHT)REP (left to right) COUNTY TOWNRobin Kratz Broome County Town of ColesvilleCheryl Adams Tioga County Town of OswegoMary DeSocio Chemung County Town of Southport

7TH JUDICIAL DISTRICT (LEFT)REP (left to right) COUNTY TOWNTerri Sandifur Seneca County Town of RomelusVicky Coraci Cayuga County Town of Aurelius

Town of OwascoKathy Watkins Livingston County Town of Groveland

8TH JUDICIAL DISTRICT (RIGHT)REP (left to right) COUNTY TOWNStacy Silker Orleans County Town of RidgewayGillian Koerner Wyoming County Town/Village of ArcadeWendy Seely Allegany County Town of Scio

Town of Wellsville

8TH JUDICIAL DISTRICT (LEFT)REP (left to right) COUNTY TOWNWendy Seely Allegany County Town of Scio

Town of WellsvilleMarie Falzone Erie County Village of Blasdell

9TH JUDICIAL DISTRICT (RIGHT)REP (left to right) COUNTY TOWNJoan Will Rockland Village of PiermontSonia Mercado-Jimenez Westchester Town of Pound RidgeDenise Cookingham Westchester Town of Mamaroneck


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THE T-SHIRTS ARE BACK

T-shirts that say what we are really thinking: Don’t we all wish we could wear T-shirts like these in our courts? Theseclerks have clever T-shirts for Monday thru Thursday but they need another witty one for Friday. How a ’bout“Sorry, the complaint department is downstairs next to Lucifer’s office.” What are your ideas for a T-Shirt caption?

Joining the “T-Shirt Squad” this year is Debbie Dennis, Town of Mentz. Debbie; Wendy Bates, Town of Weedsport; TinaCox, Town of Ira and Angela Skellington, Town of Brutus created a theme in honor of fellow T-Shirt Squad member andCourt clerk of the Year Vicky Curaci whom is lovingly called “The Reverend Mother” in her county. It’s all in humorand certainly sparks court clerks into conversation at the conference. Of course they mean more when you read themon the T-Shirt rather than on paper but for those not in attendance…• Thou shalt not lie to thy Court Clerk, for thou shalt be busted and harshly reprimanded.• Thou shalt be subjected to my sarcastic tone, for it is illegal to smack thou.• Thou shalt answer thy summons or thou shalt be scoffed.• Thou shalt not blame others for thy transgressions, for thou art 37 years old & it’s time to put on thy big boy knickers.• Thou shalt not subject thy Court Clerk to thy never-ending personal problems, for she careth not.

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12th Judicial District

1st Judicial District

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3rd Judicial District


1st District:New York County

2nd District:Kings CountyRichmond County

3rd District:Albany CountyColumbia CountyGreene CountyRensselaer CountySchoharie CountySullivan CountyUlster County

4th District:Clinton CountyEssex CountyFranklin CountyFulton CountyHamilton CountyMontgomery CountySaratoga CountySchenectady CountySt. Lawrence CountyWarren CountyWashington County

5th District:Herkimer CountyJefferson CountyLewis CountyOnieda CountyOnondaga CountyOswego County

6th District:Broome CountyChemung CountyChenango CountyCortland CountyDelaware CountyMadison CountyOtsego CountySchuyler CountyTioga CountyTomkins County

7th District:Cayuga CountyLivingston CountyMonroe CountyOntario CountySeneca CountySteuben CountyWayne CountyYates County

8th District:Allegeny CountyCattaraugus CountyChautauqua CountyErie CountyGenesee CountyNiagara CountyOrleans CountyWyoming County

9th District:Dutchess CountyOrange CountyPutnam CountyRockland CountyWestchester County

10th District:Nassau CountySuffolk County

11th District:Queens County

12th District:Bronx County

Have you ever wondered what Judicial District your Court is in? The map below shows the twelve Judicial Districts for NewYork State. Below is a breakdown of the Districts and the Counties that are in them.


DISTRICT NEWS

48

WANT TO KNOW “WHAT’S YOUR JUDICIAL DISTRICT?”

TELL US WHAT’S GOING ON IN YOUR COURT OR YOUR DISTRICTPart of our mission has been “to provide continuing education and training for the Court Clerks in all the state’stown and village courts” and our Association is committed to the “sharing” of knowledge making our successpossible. Please continue this strong tradition of communication and sharing of knowledge by sending yourquestions, answers, updates and any other FYI’s, even the fun ones, to [email protected]

ARE THERE ANY CHANGES IN YOUR COURT?Send your information on changes in staff or court information to: [email protected]

New Court Clerk:______________________________________________________________________________________

Retired Court Clerk: __________________________________________________________________________________

New Court Address: __________________________________________________________________________________

Other: ______________________________________________________________________________________________

Joanne Dixon and Dora Schultz were recentlyrecognized for their many years of service by theColumbia County Magistrates Association.

Joanne has served some 40 years as Court Clerk for boththe Town of Ghent and the Village of Chatham Courts.Dora Schultz served 36 years as Court Clerk for the Townof Gallatin and the Town of Livingston.

Both Joanne and Dora are Charter Members of the NewYork State Association of Magistrates Court Clerks andwere not only instrumental in the organization of thegroup in 1974, but also served as officers for the firstExecutive Board. Joanne acted as Secretary in the earlyyears of the Association while Dora served as Treasurer.Both spent numerous hours assisting in the growth of theState Association.

The presentations were made by the Columbia CountyMagistrate’s Association President, Honorable Dr. Carrie A.O’Hare and the New York State Third Judicial DistrictAdministrative Judge, Honorable Thomas E. Mercure.

Dora was a past recipient of the Court Clerk of the YearAward (1994). Both court clerks still actively hold theirpositions in Columbia County.

Honorable Dr. Carrie A. O’Hare (left) recognizes DoraSchultz (middle) and Joanne Dixon (right) for theirmany years of service.

Submitted by Amy Harter, Retired, Past Docket Editor


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AROUND THE ASSOCIATION & DISTRICT NEWS

MEET THE NYSAMCC, INC. BOARD

3RD JUDICIAL DISTRICT NEWS

PRESIDENTVelma Richardson

1st VICE PRESIDENT Julie Gansle

SECRETARYDawn Marie Klingner

Larry Cassidy

Sonia Mercado-Jimenez

2nd VICE PRESIDENT Debra Newham

3rd VICE PRESIDENT Denise Cookingham

TREASURERDora Richter

TREASURER EMERITUS

Dora Schultz

Marie Falzone

Gillian Koerner

DOCKETJanet Smith, Editor

Stephanie Timm-Austen, Assistant Editor

DIRECTORS (listed alphabetically):

Jane Curtiss

Annie Raskoski


DISTRICT NEWS

50

4TH JUDICIAL DISTRICT NEWS

Gillian Koerner from the Town and Village of Arcade Courts and her husband, Andrew, recentlywelcomed a newborn baby girl into their home.

Emmaleigh Elizabeth was born on July 23rd weighing 7 lbs,4 oz and was 19 ½” long. Although she was able to go homefrom the hospital with her new parents, her adoption wasjust finalized in Wyoming County Surrogates Court onNovember 25th. Congratulations!

Submitted by Gillian Koerner, NYSAMCC Director Court Clerk Town and Village of Arcade Wyoming County Representative

On October 29, 2013 the Moreau Town Court hostedthe Saratoga County Magistrates & Court ClerksAssociation meeting at their new facility. A tour of

the new Court was given by the Judges and Clerks beforethe meeting and impressed everyone with the amount ofattention given to space, security and efficiency indeveloping the Courtroom and offices. Cindy Dort fromCornell Cooperative Extension was present to give anoverview of the new Distracted Drivers Program that isbeing offered in Saratoga County along with an update ofthe Alive @ 25 Program that was initiated earlier thisyear. Also present were Steven Bayle, Probation Director;Mickey Mahoney, Probation Supervisor and SueCostanzo, Probation Supervisor of the Saratoga CountyProbation Department who spoke on the re-organizationof their department and explained the COMPAS program,which is a comprehensive risk andneeds assessment tool that their department is utilizingto determine thesupervisory needs of their probationers.

Submitted by Jane CurtissNYSAMCC Director Town of Malta Court ClerkSaratoga County Representative

Above, left to right (sitting) Honorable Jeffrey McCabe andHonorable Timothy Alden. Standing, left to right CourtOfficer Tom Garehty; Court Clerk Susan MacMore, CourtClerk Coleen Nichols; Court Clerk Ron Belisle, CourtClerk Linda Blackburn and Court Clerk Jennifer Miller.


Rachel Brown, Court Clerk for the Town of Carolinefor 15 years retired on September 30, 2013. Rachelrecently moved to North Carolina. She will live

there during the winter days and during the summer, shewill return to the Central New York area spending herdays at her summer camp.

Taking Rachel’s place is Kirstine Armstrong. Kirstine wentback to school after being a stay-at-home mom. Shegraduated from TC3 with a paralegal degree in 2012.

Submitted by Cindy VicedominiTown of Groton Court Clerk6th Judicial District Representative



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Velma Richardson . . . .Winning the game does not mean you have reached the summit; the bar now is raised a littlehigher.

Dawn Marie Klingner . .There’s no next time. It’s now or never.

Dora Richter . . . . . . . . .Never judge a book by its cover. Some of the best ones are old and worn on the outside.

Jane Curtiss . . . . . . . . .As I have approached the one year mark of being a member of the Board of Directors of ourAssociation, I would like to say thank you for the opportunity to work with such hard-working,dedicated individuals. In this past year I have gotten to see first-hand how hard the Board ofDirectors works to ensure all Court Clerks have the ability to obtain the education and trainingthey need to do their jobs. I am proud to be part of such a worthwhile organization.

Linda McCartney . . . . .I read a great book over the weekend called My Beloved World by Justice Sonia Sotomayor … shows what you can do if you really want to.

Terri Bolt . . . . . . . . . . .A true friend walks in when everyone else walks out.

Annie Raskoski . . . . . .On the last day of a suspension: I’d like to be able to say “Lack of planning on your part doesnot constitute an emergency on mine!”

Janet Smith . . . . . . . . .All court clerks have to be cognizant of what they say. I heard this from Robin Kratz, Town ofColesville at one of our local court meetings, and she says she sticks to it… “You can’t get introuble for what you didn’t say, but you can get in trouble for what you did say. It’s akin toMark Twain – It ain’t what you don’t know that gets you in trouble; it’s what you know forsure that ain’t so.”

Larry Cassidy . . . . . . . .Q: What did the dad buffalo say to his son on the first day of school? ... A: Bison

Denise Cookingham . . .“Be the leader of kindness and watch how others follow”. (unknown)

Gillian Koerner . . . . . . .Take a moment and enjoy what you have.

Judy Bromley . . . . . . . .Walk to the edge, listen hard, practice wellness, laugh, play with abandon, continue to learn,appreciate your friends, choose with no regret, live as if this is all there is – live withintention. A quote from Maryanne R. Hershey

Mary Shufelt . . . . . . . . .Always believe in yourself!

Ramona Persan . . . . . .Working or retired, here are three really good things to incorporate into your life and lifestyle.1. Talk less and listen more, 2. Look for a silver lining, and3. Learn to meet your own needs.


DISTRICT NEWS & ONE LAST THING ...52

ONE LAST THING ...

The Nassau-Suffolk Court Clerk’s Associationawarded a scholarship to Danielle Fernandez fromthe Village of Amityville in Suffolk County to attend

the Annual NYSAMCC Conference in Albany, NY. Anappointed committee reviewed the applications andawarded the scholarship to cover the cost of food, traveland lodging. The education and training given at annualconferences is invaluable and a necessity for court clerksto keep up with so many changes in laws and procedures.Many clerks are unable to attend the conferences andmeetings because their town or village is unable to supplyfinancial support. This was Danielle’s first conference andwe were proud to be able to give this opportunity to oneof our court clerks.

Congratulations to Danielle!

Scholarship winner:Danielle Fernandez

Submitted by Debbie Newham,NYSAMCC Past President,NYSAMCC 2nd Vice President, Nassau-Suffolk Court Clerk’sAssociation


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