Second Amendment Legal Update: July, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

For a complete PDF copy of this month's update, click here.

Schuyler Officials Support Proposed Youth Hunting Law

Sheriff William Yessman, Undersheriff Breck Spaulding, County Clerk Theresa Philbin and County Attorney Steven Getman have all endorsed a Local Law that approves a pilot program in Schuyler County allowing 12 and 13 year old youths to hunt deer through 2023.

The Resolution and Local Law are on the agenda for introduction at the Schuyler County Legislative Meeting at 6:30 pm on Monday May 10, 2021 in Montour Falls.

The proposed local law finds that “deer hunting is a valued tradition for many Schuyler County families, providing quality food to county residents and reducing the negative impacts of overabundant deer populations on our agriculture, forests, and communities.”

Under the proposed law, youth hunters aged 12-13 will now be allowed to hunt deer with a firearm or crossbow under the supervision of an experienced adult hunter. Currently, young hunters that are 12 or 13 years old can already hunt big game using archery equipment and can hunt small game with a firearm; however, until now, New York had been the only state to not allow these young hunters to hunt big game.

Schuyler County moving forward with centralized arraignment plan for local criminal courts

Schuyler County has received notification that New York State Chief Administrative Judge Lawrence Marks and the Office of Court Administration Administrative Board have given final approval to the county’s Centralized Arraignment Part plan for after-hours arrests. The county is currently targeting Monday March 30 for the first day of operations.

The plan is part of the county’s ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

The plan was endorsed by the Schuyler County legislature at its February 10 meeting. All legislators in attendance voted for the measure.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the legislature’s resolution of support noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution supporting the plan is available here.