Narrative of Resolution:
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Approving and Supporting the Establishment of a Centralized Arraignment Part in Sullivan County, New York
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RESOLUTION INTRODUCED BY LUIS A. ALVAREZ, CHAIR OF THE PUBLIC SAFETY AND LAW ENFORCEMENT COMMITTEE TO APPROVE AND SUPPORT THE ESTABLISHMENT OF A CENTRALIZED ARRAIGNMENT PART IN SULLIVAN COUNTY, NEW YORK
WHEREAS, Sullivan County is a rural county in the State of New York, served by numerous town and village courts responsible for the conduct of local criminal court arraignments; and
WHEREAS, under current practice, arraignments are conducted by individual town and village justices who are contacted on an on-call basis at all hours of the day and night, including weekends and holidays, placing significant burdens on the local judiciary, law enforcement agencies, local defense bar and other county resources; and
WHEREAS, the right to counsel at first appearance in a criminal proceeding is guaranteed under the New York State Constitution and codified at CPL §§170.10(3) and 180.10(3), and was reinforced by the Court of Appeals of the State of New York in Hurrell-Harring v. State (2010), which directed the State to ensure that defendants receive the assistance of counsel at first appearance; and
WHEREAS, the New York State Office of Indigent Legal Services, pursuant to Executive Law §832(4)(a), has directed that counties ensure counsel is present at all first arraignments, and the establishment of a Centralized Arraignment Part (CAP) is an efficient mechanism by which counties such as Sullivan County can fulfill this obligation; and
WHEREAS, a Centralized Arraignment Part has been proposed and developed for Sullivan County through an extensive collaborative process convened by the Supervising Judge for the Town and Village Courts of the Third Judicial District, with the participation of representatives of the local judiciary, the defense bar, the Sullivan County District Attorney's Office, the Sullivan County Sheriff's Office, the New York State Police - Troop F, and local law enforcement agencies; and
WHEREAS, the Sullivan County CAP Plan provides for two daily arraignment sessions - a morning session and an evening session - to convene every day of the year, including weekends and holidays, at the Sullivan County Jail / Sheriff's Law Enforcement Center, located at 58 Old Route 17, Monticello, New York; and
WHEREAS, the CAP facility at the Sullivan County Jail will include a dedicated courtroom with a judge's bench, public seating, separate holding cells, attorney-client private consultation rooms, security screening, and digital recording and computer equipment to be provided by the Third Judicial District; and
WHEREAS, the Sullivan County CAP will be staffed on a rotating basis by participating town and village justices serving as CAP judges, with guaranteed defense counsel coverage at every session, ensuring constitutional compliance at every arraignment; and
WHEREAS, the CAP will apply to all custodial arraignments in local criminal courts, as well as appearances on bench and arrest warrants returnable to a local criminal court pursuant to CPL §410.40(2), excluding arraignments of Adolescent Offenders and Juvenile Offenders as provided under CPL Article 722; and
WHEREAS, the participating law enforcement agencies - including the Sullivan County Sheriff's Office, the New York State Police - Troop F, the Fallsburg Town Police Department, the Liberty Village Police Department, the Monticello Village Police Department, and the Woodridge Village Police Department - will enter into Memoranda of Agreement formalizing their participation in and support for the CAP; and
WHEREAS, the Sullivan County CAP will promote more efficient utilization of law enforcement resources by permitting arresting officers to deliver defendants to the Sullivan County Jail and return to patrol, with assurance that arraignment will occur at the next scheduled CAP session without the need to locate and convene an individual justice; and
WHEREAS, the Sullivan County Magistrates Association has adopted a resolution approving the Sullivan County CAP Plan and committing to the participation of town and village justices in its operation; and
WHEREAS, the Sullivan County Legislature finds that the establishment of a Centralized Arraignment Part serves the public interest by protecting the constitutional rights of defendants, improving the efficiency of the criminal justice system, supporting law enforcement operations, and ensuring that Sullivan County meets its obligations under state law;
NOW, THEREFORE, BE IT RESOLVED that the Sullivan County Legislature hereby approves and supports the establishment of a Centralized Arraignment Part in Sullivan County, New York, in accordance with the Sullivan County CAP Plan as developed through the collaborative stakeholder process convened by the Supervising Judge of the Town and Village Courts of the Third Judicial District; and
BE IT FURTHER RESOLVED that the Sullivan County Legislature authorizes and directs the County Manager and all appropriate county departments and officials, including the Sullivan County Sheriff's Office, to cooperate fully with the implementation of the Sullivan County CAP Plan, to execute such Memoranda of Agreement and other documents as may be necessary to effectuate the CAP, and to make available the CAP facility at the Sullivan County Jail for the conduct of arraignment sessions as contemplated by the Plan; and
BE IT FURTHER RESOLVED that the Sullivan County Legislature expresses its appreciation to the Supervising Judge of the Town and Village Courts of the Third Judicial District, the members of the Sullivan County Magistrates Association, the Sullivan County District Attorney's Office, the Sullivan County Sheriff's Office, the New York State Police, the local defense bar, the local law enforcement agencies, and all other stakeholders who participated in the development of the Sullivan County CAP Plan; and
BE IT FURTHER RESOLVED that the Clerk of the Sullivan County Legislature is hereby directed to transmit a certified copy of this Resolution to the Supervising Judge of the Town and Village Courts of the Third Judicial District, the Chief Administrative Judge of the New York State Unified Court System, the Sullivan County Sheriff, the Sullivan County District Attorney, and the Sullivan County Magistrates Association.