MEMO

TO: Cheryl Shiber, Village Manager
FROM: Michael Davidoff, Village Attorney
SUBJECT: Village Justice
DATE: November 24, 1997

In regard to your recent inquiry concerning the abolition of the Village Justice Court, please be advised that a Village may abolish the office of Village Justice by Resolution or Local Law, subject to permissive referendum and judicial work arising after such abolition would have to be performed by the Town Justice of the Town in which the Village is located (Village Law Section 3-301(2)(a) opinion of the State Controller [sic] 81-202.)

Once the Village Board passes either a Resolution or a Local Law abolishing the office of Village Justice, that Resolution or Local Law would then be subject to a permissive referendum pursuant to Village Law Section 9-902. If within 30 days after the adoption of the Resolution and/or Local Law there is filed with the Village Clerk a petition signed and acknowledged by the electors of the Village in a number equal to at least 20% of such electors protesting against such act or Resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval, the Resolution and/or Local Law will not become effective until a special election is called for the purposes of voting on this Resolution or Local Law. The act or Resolution of the Board abolishing the position of Village Justice will become effective 30 days after its adoption if there is not filed with the Village Clerk such a petition.

The abolition of the office of the Village Justice would then take effect at the expiration of the then current term of office with the work being performed by the Town Justice Court.

Adequate time should be made available for the Village Justice to dispose of any pending cases prior to abolition of the office. Any judicial work arising after abolition of the office of Village Justice would, of necessity, have to be performed by the Town Justice of the Town in which the Village lies.

I hope this answers your inquiry. If you have any further questions please let me know.

cc:
Mayor James Kenny
David Rosenberg, Village Trustee
Monis Brafman, Village Trustee
Michael Levinson, Village Trustee
Gary Sommers, Village Trustee
Hon. Robert Kesten, Village Justice