A Primer on Our Local Courts

At the Larchmont-Mamaroneck Local Summit’s February 13 program, two local justices and a youth officer provided the audience with insights into what our local courts do, and how juvenile cases fit into the court system.

The Honorable Daniel Gallagher, a Village of Mamaroneck Judge for 16 years and a Local Summit board member, led off the program by explaining that each of the three courts in our tri-municipal area – the Village of Larchmont, the Village of Mamaroneck, and the Town of Mamaroneck – has similar jurisdiction.

All criminal matters – felonies, misdemeanors, or violations – that occur in a court’s jurisdiction come before that court. While criminal cases are a large component of the courts’ responsibilities, Judge Gallagher pointed out that each of our local courts handles a wide variety of other matters including landlord-tenant issues, code violation cases, small claims cases, and traffic and parking tickets.

Citing examples of cases that the audience might be more familiar with, Judge Gallagher noted that for small claims cases, which are civil cases with a limit of $3,000 recovery, no lawyers are required and claimants may simply file a one-page description of their claim with the court. Examples of such cases include a landlord not refunding a security deposit and clients not paying for completed work.

Landlord-tenant proceedings are another fairly common area of work for our local courts, and one that presents “the single biggest structural problem for local courts” according to Judge Ronald Meister, who has been a Town of Mamaroneck Judge since 2012. Because landlord-tenant issues are not a criminal matter, defendants do not have a right to counsel, which puts them at a disadvantage. Judge Meister noted that there is an initiative in Westchester County to provide legal services to tenants, which he says will be a huge benefit to both the tenants and the courts.

To give the audience an idea of how busy our local courts are, Judge Gallagher shared that the Village of Mamaroneck court is one of the top 35 busiest courts among 1200 town/village courts in NYS according to the NYS Comptroller’s office. In 2023, it handled approximately 7,400 cases excluding parking tickets (15,000), landlord-tenant matters, and Village code violations. Judge Meister noted that there has been “an epidemic of DWI cases in Westchester, which was made worse by the pandemic” and expressed frustration with the general treatment of DWI. He suggested that it might be a surprise to people that a DWI charge results in no points on one’s license while using a phone while driving is five points, penalties that are not determined by the judges.

Besides presiding at court sessions, which are typically held 1-2 evenings per week, depending on the court, our local justices are on call 24/7 for arraignment of defendants arrested after-hours and to issue search and arrest warrants. The judges noted that they try very hard not to have anyone in unnecessary overnight lock-up, which means that not infrequently, they are summoned in the wee hours of the night for after-hour arraignments.

In addition to our local courts, Judge Meister explained that there are also specialized courts in Westchester County to handle certain kinds of offenses. Referred to as “diversion courts,” they are intended to enable defendants to get the help they need without the stigma of a criminal conviction and include a Veterans Court, a Drug/Mental Health Court, and one for domestic violence. While judges can refer defendants to these specialized courts, they are used infrequently because this requires the consent of the parties and most defendants prefer to remain with the local court.

Detective Frank Maresca, a Youth Officer and Domestic Violence Officer, explained how juvenile cases are handled in the court system. Youth 7-11 years of age cannot be charged with a crime unless it is a really severe offense like a homicide. Youth 12-17 years old are considered juvenile delinquents and are referred to the White Plains Family Court. Under the relatively new Raise the Age law, 16 and 17 year-olds charged with a felony are considered Adolescent Offenders, meaning their cases are handled in the Youth part of the Supreme or County Court.

Detective Maresca emphasized that his job as a Youth Officer is “to try to keep juveniles out of trouble.” The four youth officers in our tri-municipal area work closely together with each other, with the Mamaroneck and Rye Neck School Districts, the French/American School, and the Westchester Day School as well as the families of the youth offenders. They make every effort to mediate and resolve issues before they escalate and require more serious actions.

The Larchmont-Mamaroneck Local Summit is an informal community council that seeks to make a better life for the community by keeping it informed of major issues of concern. The next meeting will be IN PERSON, on March 12th, 8 am, at the Westchester Jewish Center in Mamaroneck, to discuss recreational spaces in our community. Visit the Local Summit online: https://www.localsummitlm.org/ LMC Media: https://lmcmedia.org/.