What's happening
This bill allows the towns of Erin and Chemung to temporarily share a single town court and judge despite procedural errors.
Why it matters
Temporarily validates past procedural errors. The bill retroactively legalizes actions taken by Erin and Chemung to create a joint town court, despite their failure to follow standard legal procedures, ensuring that any court rulings or decisions made during this period are not invalidated due to technicalities.
Ensures continuity of local justice services. By officially recognizing the shared court and judge until December 31, 2017, residents maintain uninterrupted access to a functioning town court, avoiding potential confusion or legal limbo.
Sets a clear path for future compliance. The bill does not make this arrangement permanent, but allows the towns to pursue a more formal and legally compliant shared court structure in the future, providing a timeline and legal clarity for how they can do so after January 1, 2018.
Allows for flexibility despite geographic separation. The legislation explicitly permits these two non-adjacent towns to share a judge, which could set a precedent for other rural or sparsely populated areas seeking similar resource-sharing solutions.
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Who cares
Erin and Chemung town governments
The bill would temporarily validate their prior steps to create a shared town court, from the act’s effective date through December 31, 2017, despite failures to follow required procedures.
Sitting Erin and Chemung town justices
Each justice in office when the act takes effect would serve as a justice of the temporary shared court.
Erin and Chemung voters
The towns could arrange an election for a single town judge despite not being adjacent, provided they meet all other statutory requirements.
People with cases in Erin and Chemung town courts
The bill would recognize a single court with jurisdiction in both towns temporarily and allow a shared court under the regular statutory process no earlier than January 1, 2018.
Headline styles
One Court for Two Towns
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.270
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.668
- Substituted for A3022A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.2191
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Merge Erin, Chemung Town Courts
Assembly Floor Calendar · Sponsor Christopher Friend
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6770
2017-2018 Regular Sessions
IN SENATE
June 16, 2017
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to establish a single town court to serve the towns of Erin and Chemung
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. (a) The legislature hereby finds and declares that:
(i) In 2016, the towns of Erin and Chemung, in Chemung county, acted in concert in an effort to establish a single town court having jurisdiction in both towns; and
(ii) in undertaking this effort, the two towns inadvertently failed to comply with the necessary provisions of law - subdivision 1 of section 106-a of the uniform justice court act, as amended by chapter 205 of the laws of 2016 - setting forth the process that must be followed in order to establish a single town court serving the two towns, and section 106-b of the uniform justice court act, as added by chapter 87 of the laws of 2008 - setting forth the process that must be followed in order to provide for the election of a single town justice for the two towns.
(b) Notwithstanding any law to the contrary, such steps as the towns of Erin and Chemung have heretofore taken to establish a single town court having jurisdiction in both towns shall be deemed sufficient to constitute such single town court solely for the period from the effective date of this act through December 31, 2017. Each of the town justices of the towns of Erin and Chemung, in office on the effective date of this act, shall be and shall serve as a town justice of such single town court.
(c) Nothing in this act shall prevent the towns of Erin and Chemung from establishing a single town court having jurisdiction in both towns pursuant to the provisions of section 106-a of the uniform justice court act, provided, however, such a court shall not be established prior to January 1, 2018.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07672-04-7
S. 6770 2
(d) Notwithstanding that the towns of Erin and Chemung are not adjacent to each other, the two towns may provide for the election of a single town judge by complying with all other requirements of section 106-b of the uniform justice court act.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to establish a single town court to serve the towns of Erin and Chemung
Purpose or general idea of bill
To permit the town boards of the towns of Erin and Chemung in Chemung county to establish a single town court.
Summary of provisions
Section 1 amends subdivision 1 of section 106-a of the uniform justice court act, as amended by section 2 of part
Justification
It is the desire of all levels of government to increase local government efficiencies and to reduce the number of duplicative agencies. The Erin and Chemung court buildings are very close to each other, and they are costing tax payers more money than they can generate. Both towns are seeking to consolidate their courts in order to reduce waste, unfortunately since the town of Erin and Chemung do not physically adjoin they are unable to consolidate. This legislation addresses this issue, and permits the town of Erin and Chemung to consolidate their courts.
Prior legislative history
None.
Fiscal implications for state and local governments
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.