|Danby, NY Community : Town Court||2018-09-26 02:34:26.08|
|Town Justices||As of Date: 20180926|
(Employed by Town)
(Elected Town Office, 4 year term)
Court Jurisdiction and Staffing
The Town of Danby Court serves the community by adjudicating a wide variety of cases. Most of the cases are Vehicle and Traffic Law infractions, but the court also handles DWI/DUI violations, DEC violations, as well as traditional criminal or civil matters.
The court is staffed by a part-time court clerk, James Herson, and two part-time judges, the Honorable Theresa Klinger and Honorable Garry Huddle. Most Town Court proceedings are open to the public. Everyone is welcome to attend court sessions and may ask questions after the session has ended.
Court is held every Tuesday evening, beginning at 7pm and continues until all cases have been heard, except the first Tuesday of each month. The first Tuesday is District Attorney Night, and begins at 7:30pm. Court sessions begin with the Judge hearing all traffic violations, followed by criminal and civil cases.
Trials and Small Claims are scheduled throughout the week, based on the schedules of the the Judge, the Prosecutor, the Attorney availability, and State Mandated Time Schedules.
Generally, the court's jurisdiction is limited to events occurring within the Town of Danby, including West Danby. There are exceptions; for example, either of the Danby Justices can arraign a defendant on criminal charges arising in surrounding communities, if the judge from the home jurisdiction is unavailable. The Danby Town Judges will do an arraignment, at any hour, if called upon.
Small claim proceedings are meant for individuals to present their case to the court, but either side may hire an attorney to represent them.
New York State small claim limit for justice courts is $3,000.The Town Justices have jurisdiction over small claims, provided that the defendant(s):
- Resides in the Town
- Has/have an office for the transaction of business within the Town
Is regularly employed within the Town.
A more complete description of the process is provided online by the Ithaca City Court. Anyone filing a small claim must visit the court clerk for a Small Guide Booklet and the required forms to fill out.
If a ruling is made in favor of the plaintiff, the court will send a Notice of Judgment to both parties. The defendant will have 30 days to make good on that judgment. If the Debtor (the losing defendant) fails to pay, the Creditor (the winning plaintiff) may take steps to collect or execute the judgment by getting a Transcript of Judgment from the court and then file a lien with Tompkins County Court. The court does not collect judgments.
Fines, Surcharges, and FeesFines are assessed by the Judge, based on fine ranges recommended by New York State. Surcharges are mandated by the New York State, and vary per the degree of the offense.
|Small Claims Fees|
|Claim Amount||Filing Fee|
|Up to $1,000||$10|
(limit for small claims)
|Summary Proceedings, Evictions, Civil Fees|
Reporting and Disposition of Monies
A monthly audit of reported cases is sent to the New York State Office of Court Administration.
All monies collected are given to the Town of Danby's Chief Administrator, the Town Supervisor, by the 11th of the month following every reporting month.
All bail money received by the court is retained in a non-interest bearing account until a case is disposed of or released by the judge.