Town Justice – Town of Murray

Town Justices are elected to four year terms. Most towns have two judges that preside over their courts. Town justices take turns as the “on-call” judge, where they are available to conduct arraignments on a 24 hour / 7 days per week basis.

Town courts are local courts with jurisdiction over all criminal and traffic matters arising within their borders. They have jurisdiction over civil matters up to $3,000.

Town Courts deal with the following types of cases:

Alcohol Beverage Control Law
Civil Practice Law & Rules
Contract Law
Criminal Jury Trials
Criminal Procedure Law
Domestic Relations Law
Environmental Conservation Law
Family Offenses (Spousal Abuse)
Local Laws & Ordinances
Marriage Ceremonies
Mental Hygiene Law

Navigational Law
Parks & Recreation Law
Penal Law
Personal & Property Torts
Public Health Law
Real Property Actions & Proceedings Law
Small Claims
Tax Law
Thruway Law
Transportation Law
Vehicle & Traffic Law

Town and Village Courts are: “The Courts closest to the people”

Types of Court

SMALL CLAIMS

Parties can sue individuals in Small Claims cases in where amount in controversy does not exceed $3,000. The person being sued must reside in the Town of Murray, or do business in the Town of Murray. The party being sued can then file a counterclaim against the plaintiff. The counterclaim can be filed prior to the hearing date. However, the defendant can wait to file the counterclaim on the night of the small claims trial. If the defendant waits to file the counterclaim on the night of the trail, then the plaintiff is entitled to an adjournment to review and prepare to defend against the counterclaim. Anyone being sued in a small claims matter is entitled to a jury trial. Normally, small claims cases are conducted without an attorney. However, if a jury is requested, it is recommended that both parties have an attorney. A free pamphlet on Small Claims matters is available from either Town Court Clerk.

The cost is ten dollars $10.00 for claims of $1,000.00 or less and $15.00 if the claim exceeds $1,000.

CIVIL CASES

Town Courts have regular civil jurisdiction of matters involving damages up to $3,000. These cases frequently involve parties that are represented by attorneys, since the regular rules of pleadings apply. These cases can involve discovery procedures, wherein the parties exchange information about the case to the opposing attorneys. The regular rules of evidence are enforced by the judge. Parties are entitled to both bench and jury trials.

LANDLORD TENANT CASES

These cases normally involve actions by landlords against tenants for unpaid rent. In addition, landlords usually request that the court grant them a warrant of eviction, which permits a landlord to have Orleans County Sheriff Deputies remove the tenant from the premises if the tenant does not leave as directed. The landlord may also be entitled for a judgment for unpaid rent, attorneys fees, cost expenses, and interest on the debt. There are specific rules for service of the Summons and Petition, and there are time periods which must be taken into account, when seeking a court date. Representation by an attorney is not required, but may be recommended.

The cost is twenty dollars ($20.00) for eviction proceedings.

APPEALS

WEDDINGS

Town Justices are authorized to perform wedding ceremonies throughout New York State. In order for a Town Justice to perform a wedding, the couple must a Marriage License issued by any Town Clerk in New York State. The license must have been issued more that 24 hours prior to the commencement of the ceremony. However, it must not have been issued more than 60 days prior to the commencement of the ceremony. At least one witness is required to be present at the ceremony and must sign the marriage license. You can obtain further information by contacting the Town of Murray Clerk at 638-6570 x100 or in person.

Generally, each judge has a standard civil ceremony that is used. The law does not require any particular ceremony be used, although the judge uses the standard civil ceremony, that ceremony may be altered, additions to the standard ceremony, to accommodated the wishes of the couple. It is suggested that you contact the Town Justice with questions sufficiently in advanced of your wedding date and to assure the Judge’s availability on that date.

VEHICLE AND TRAFFIC MATTERS

Some vehicle and traffic matters, such as speeding violations, are violations and not criminal matters. Nevertheless, they can involve fines and loss of driving privileges. Defendants are advised to consider consulting an attorney, when their license is in jeopardy of revocation.

VIOLATION	POINTS
Speeding 1 to 10 mph over posted limit	3
Speeding 11 to 20 mph over posted limit	4
Speeding 21 to 30 mph over posted limit	6
Speeding 31 to 40 mph over posted limit	8
Speeding more than 40 mph over posted limit	11
Reckless Driving	5
Use of Mobile Phone/Texting	5
Failure to stop for School Bus	5
Following to Closely	4
Inadequate Brakes	4
Failure to Yield Right of Way	3
Traffic Signal, Stop Sign or Yield Sign	3
Improper Passing / Lane Change	3
Leaving Accident Scene: Property / Animal	3
Child Safety Restraint	3
Any other moving violation	2

Legal Representation; although you are not required to hire a lawyer to represent you in a traffic infraction matter, however based on the infraction, it may be in your interest to do so.

In addition to fines on traffic infractions, the State of New York imposes a surcharge on moving violations and equipment violations in the amounts of $93.00 and $63.00, respectively.

The court does accept credit / debit cards in payment of any fines. The court does not accept partial payments toward fines. Fines can also be paid by cash, cashiers check available at banks or money order.