Webster Town Court
WEBSTER TOWN COURT - OPEN FOR BUSINESS 24/7
By: Hon. Thomas J. DiSalvo
Webster Town Justice
Town Courts Judges are part-time employees of the municipalities that they serve. However, they must be available to their local police departments, county sheriff’s departments and New York State Police on a full time basis. In fact, Judge David T. Corretore and I take turns being the “on-call” or “duty judge”. Thus even though we both have our regular court calenders every month, we alternate being available to the police via our pagers twenty four hours a day and seven days a week on an every other month basis. I am the duty judge on odd numbered months and Judge Corretore is the duty judge on even numbered months.
The duty judge is responsible for performing arraignments of individuals arrested by the various police agencies serving the Town and Village of Webster. Because arrests can take place at any time, the arraignment can take place at any time of the day or night. Once the defendant has been taken into custody he or she is photographed and finger printed by the police. The town justice is then called in, even in the middle of the night, to arraign the defendant. At the arraignment the defendant is formally advised of the allegations and the specific charges that are before the court. The defendant is asked if he or she understands the charges. The court must then determine if the defendant will be hiring an attorney or if the court must assign an attorney to represent the defendant, if the defendant cannot afford to hire an attorney. In addition, the town justice must decide if bail should be set or if the defendant should be released on his or her own recognizance.
Many times the charges lodged against the defendant involve allegations of violence. The arrest may also involve domestic violence issues when family members are involved. In either event the complaining party may be requesting an order of protection, which the Town Justice will issue at the arraignment. That order of protection may be a “stay away” order requiring the defendant to stay away from the alleged victim. In the alternative, the town justice may issue a “no offensive conduct” order, which would not require the defendant to stay away from the complaining party, but would require the defendant not to engage in any illegal conduct directed at that complaining individual.
Lastly, at the arraignment the town justice must adjourn the case to another date for the initial appearance of the defendant’s attorney. That adjourned date will be on one of the court’s regular court dates. In many instances, the defendant can remain in custody through that next court appearance.
Remember, even though the lights at the Town Hall may be off, the Town’s Justice Court is just one police call away from being in session.