Traffic Court Forum: A closer look at New York’s town and village justice courts
By Shannon L. Malone, Esq.

In a recent report by the New York State Commission on Judicial Conduct, significant attention was directed toward the operation and oversight of the state’s town and village justice courts. These local courts hear approximately two million cases annually, including traffic violations, misdemeanors, and small claims, making them unique. Notably, they are the only courts in New York where judges, known as justices, are not required to be lawyers. This feature, a relic of the colonial era, presents both strengths and challenges to the administration of justice across the state.
The lay justices: Tradition meets modern challenges
Of the approximately 1,830 town and village justices currently in office, only about 700 are lawyers! Nonetheless, these justices, often referred to as “lay justices,” are tasked with adjudicating cases that can significantly impact individuals and communities. Despite their lack of formal legal training, lay justices preside over the same cases as their attorney counterparts, including traffic cases, small claims, and misdemeanors. This has led to ongoing debates about the adequacy of the justice provided in these courts.
Suffolk County has five town courts: East Hampton Town Court, Riverhead Town Court, Shelter Island Town Court, Southampton Town Court, and Southold Town Court, and twenty-seven village courts. Our town and village courts handle a heavy volume of criminal and civil cases; fortunately, all of our town and village justices are admitted attorneys. This is not so in other parts of the state north of Rockland County.
The Commission’s report highlights that while many lay justices perform their duties competently, there is a higher incidence of disciplinary issues among them compared to attorney justices. Specifically, lay justices account for 70% of the Commission’s disciplines, a statistic that reflects concerns about their adherence to judicial ethics and legal procedures. Issues such as failing to inform defendants of their right to counsel, improperly handling eviction proceedings, and delays in decision-making due to unfamiliarity with legal principles are among the recurring problems.
Enhanced training: A possible path forward
In response to these challenges, a concerted effort has been to enhance the training and resources available to town and village justices. Since 2006, the Office of Court Administration (OCA) has implemented an Action Plan for the Justice Courts, which includes increased judicial education, the provision of laptops with audio recording capabilities for all courts, and the development of a comprehensive Justice Court Manual. These measures aim to bridge the gap in legal knowledge and procedural understanding between lay and law-trained justices.
Moreover, the Commission has expressed willingness to collaborate with the Legislature and the courts to improve lay justices’ training further. This includes advocating for more rigorous courses in civil and criminal procedure, property law, and professional ethics—subjects that law-trained justices would have studied extensively in law school.
Bill introduced to require judges in high-volume New York Courts to be licensed attorneys
The town and village justice courts in New York play a crucial role in the state’s legal system, especially in rural and less populated areas. A significant piece of legislation (S.139C) has been passed to reform the qualifications for justices in the state’s busiest town and village courts. The new bill mandates that justices in the 100 highest-volume justice courts be licensed attorneys with at least five years of legal experience.
The move to require experienced attorneys as judges in high-stakes courts aims to protect defendants’ rights and uphold public confidence in the judicial process. This legislation could lead to more consistent and legally sound outcomes in the state’s busiest local courts, enhancing the integrity of the judicial system.
As the bill progresses, it will likely spark discussions about the balance between local autonomy and the need for uniform standards in the judiciary. In our next article, we will discuss the specific functions of Suffolk County’s Town and Village Courts.
Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.