County legislators ask state to create District Court in Orleans

By Tom Rivers, Editor Posted 29 January 2025 at 10:05 am

Issue could ultimately go to public referendum

Photo by Tom Rivers: Debbie Berry, a retired chief clerk for the Surrogate Court in Orleans County, speaks on Tuesday against a district court in Orleans County. She said the 10 local town courts are serving the people well.

ALBION – Orleans County legislators, with two dissenting, are reviving a push for a district court in Orleans County.

The issue was going to a public referendum last November but was pulled when county officials were notified of a procedural flaw. In order to bring the issue to a public vote, the county first needs approval from the State Legislature with its support of a District Court.

County legislators, in a 4-2 vote on Tuesday, passed a resolution requesting the State Legislature to establish a countywide district court in Orleans.

“This is just the first step,” said Legislator John Fitzak, R-Carlton.

He supported the resolution along with Legislature Chairwoman Lynne Johnson, R-Lyndonville; Legislator Bill Eick, R-Shelby; and Legislator Ed Morgan, R-Murray.

Legislators Don Allport, R-Gaines, and Fred Miller, D-Albion, opposed the resolution.

Miller said there was significant opposition to the proposal during public hearings in May and June last year from local town justices and town officials, who say the current system is cost effective and responsible to the community.

The local Magistrates Association said a district court would ultimately be more costly, even if the state takes on the salaries of the judge, clerks and security.

Allport doesn’t have confidence the state would assume the costs of a district court. Even if it does initially, it could push the expense to the county and towns if the state is feeling a budget crunch in the future, Allport said.

“This is not the correct time to approach the state on this,” Allport said, citing what he said are $40 billion in budget shortfalls in Albany. “I’m not sure there is a right time.”

Fitzak said the vote to request state support is another step in a process that could be drawn out. He and Johnson said it is unknown if and when the State Legislature would vote on the issue.

“I wouldn’t hazard a guess on the timetable,” Johnson said.

She said a district court would be beneficial to the county in many ways, offering a streamlined system with full-time hours that would benefit people in the court system.

She cited a report from local officials looking at the costs of the local court system. Joe Cardone, the now retired district attorney, helped push the issue and prepare the report.

Cardone, during public hearings last year, said state aid should cover most of the cost of a district court. The county would provide the facility with the state is expected to cover the salaries for judges, clerks and security.

Cardone said having the cases be handled by a full-time court would move matters more expeditiously through the courts system. He said it would be a savings for the District Attorney’s Office, Public Defender and law enforcement by having a centralized court, rather than a patchwork of 10 town courts.

Legislator Ed Morgan said county residents will get a vote on the issue if the State Legislature backs the proposal.

“The Orleans County taxpayers will have the final say,” Morgan said.