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SUPPORT\Warren County Counsel at First Appearance Plan—11-6-17
RESOLUTION IN SUPPORT OF WARREN COUNTY'S PLAN
FOR COUNSEL AT INITIAL APPEARANCE FOR
ARRAIGNMENTS IN LOCAL COURTS
RESOLUTION NO.: , 2017
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Warren County is submitting a plan for counsel at initial appearance
coverage for arraignments in local courts, and
WHEREAS, the plan provides for a central arraignment part conducted twice a day at the
Warren County Municipal Center rather than at the town or city location of the arrest, and
WHEREAS, this plan requires the cooperation of the various local town and city justices
and judges, and
WHEREAS, State funding is available to provide for the expenses of the justices and
judges as they travel to Queensbury, and
WHEREAS, this program will promote efficiencies among the town and city courts and
justices and judges, as well as in County operations providing for mutual cooperation of the
County's municipalities,
NOW, THERFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby indicates its support for Warren
County's plan for counsel at initial appearance coverage for arraignments in local courts, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
certified copy of this Resolution to the Warren County Attorney's Office and the Town Supervisor
and/or Town Clerk take such other and further action as may be necessary to effectuate the terms of
this Resolution.
Duly adopted this 6th day of November, 2017 by the following vote:
AYES
NOES
ABSENT:
WARREN COUNTY ATTORNEY'S OFFICE
WARREN COUNTY MUNICIPAL CENTER
1340 STATE ROUTE 9
LAKE GEORGE,NEW YORK 12845
MARY ELIZABETH KISSANE TELEPHONE NO.
ACTING COUNTY ATTORNEY
(518)761-6463
BENJAMIN M.BOTELHO
ASSISTANT COUNTY ATTORNEY FAX NO.
(518)761-6377
October , 2017
Town Supervisor and Town Justices
Town of XX
Street Address
Warren County Town,NY 12XXX
RE: Warren County Counsel At First Appearance Plan
Dear Mr.(Ms.) (Supervisor) and Justice XXX:
As you may be aware,the New York Court of Appeals ruled in Hurrell-Harring v. State,
15 NY3 d 8 (2010)that criminal defendants are entitled to legal representation at their first
appearance in town and village courts throughout New York. In an effort to comply with this
requirement, Warren County's Public Defender's Office, District Attorney and Sheriffs
Department have been expending tremendous resources to ensure that a qualified lawyer from
the Public Defender's Office is present to advise and represent all criminal defendants at"off-
hours"arraignments. Such arraignments currently take place in Glens Falls City Court and any
of the town courts in the county at night and on weekends.
To relieve the pressure on all involved, Glens Falls City Court Judge Gary Hobbs,the
supervising judge for town justices in Warren County, in cooperation with Public Defender
Marcy Flores, District Attorney Jason Carusone, Sheriff Bud York,the Board of Supervisors
(acting through Supervisor Ron Montesi) and the Warren County Magistrates' Association have
prepared a plan for centralized arraignments in a remodeled courtroom at the Warren County
Municipal Center. Under the plan, "off-hours"arraignments would occur not at local courts,
with the attendant need for three agencies to travel to each court involved, rather at the central
facility in the Municipal Center, allowing the county agencies and the defendant to make the
short trip and meet the assigned city judge or town justice for arraignments for all courts in the
county that are needed that morning or evening. The state Judiciary Law has been amended to
allow the sitting judge, from whatever town court is "up" on the rotation, to preside at the
arraignment for any other local court in the county.
In consideration of the justice's additional authority and workload, each judge who agrees
to preside at such arraignment sessions will be compensated by the State on a per day basis.
There will be no additional cost to the city, the towns or the town courts.
I have enclosed a DRAFT version of the plan that Judge Hobbs intends to submit to the
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State Office of Court Administration for approval. If the State approves the plan,the statute
requires and Judge Hobbs advises that all costs for implementation will be reimbursed to the
County by the State.
To implement this important plan, Judge Hobbs, the Public Defender,the District
Attorney, the Sheriff and the Board of Supervisors need to know that each participating town is
agreeable with the plan.
To that end, I am writing to each of you to ask for an expression of support for the plan,
either by letter or enacted resolution of your governing board or council. I have taken the liberty
of including a draft model resolution for your convenience. Please feel free to use the model as
written or revise to your satisfaction.
If you have questions about the implementation or consequences,please contact Judge
Hobbs,Marcy Flores, Jason Carusone or me.
Thank you for your attention.
Very truly yours,
Mary Elizabeth Kissane
MEK/abm
Enc.
Cc: Hon. Gary C. Hobbs
Marcy Flores, Esq.
Jason Carusone, Esq.
Hon. Ron Montesi
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•
RESOLUTION IN SUPPORT OF WARREN COUNTY'S PLAN FOR'COUNSEL AT
INITIAL APPEARANCE FOR ARRAIGNMENTS IN LOCAL COURTS
WHEREAS,Warren County is submitting a plan for counsel at initial appearance coverage
for arraignments in local courts,and `,R AF T•
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WHEREAS, the plan provides for a central arraignment part conducted twice a day at the
Warren County Municipal Center rather than at the town or city location of the arrest, and
WHEREAS,this plan requires the cooperation of the various local town and city justices and
judges, and
WHEREAS,this plan should assure consistency in representation, as well as in the
after hours schedules of the various town and city justices and judges,and
WHEREAS,State funding is available to provide for the expenses of the justices and judges
as they travel to Queensbury, and
WHEREAS, this program will promote efficiencies among the town and city courts and
justices and judges,as well as in County operations providing for mutual cooperation of the County's
municipalities, now, therefore, be it
RESOLVED,that the of hereby indicates its support
for Warren County's plan for counsel at initial appearance coverage for arraignments in local courts.
cri) 1,-. v.,
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