Justice in America doesn’t just happen in grand courthouses or on the news. It happens quietly, faithfully and consistently in small rooms tucked away in rural communities. Local justice is the foundation of our legal system. It’s where the law meets the people most directly, and where the stakes, though sometimes small on paper, can be incredibly personal.
As a lawyer, I spend a lot of time traveling to local town courts scattered throughout the county. Otsego County has more than 25 local town and village courts, all meeting on different days and times, some more often than others depending on the need. Many town courts meet in small municipal buildings, sometimes in the town garage or a multipurpose room in a basement no bigger than a public restroom. Some courts have a judge, clerk and security officer. Other courts may only have one judge who handles all tasks on his or her own.
Lawyers wear many hats in local court. We are not merely advocates. We are often educators, mediators and occasionally a source of calm during someone’s most stressful hour. In these rooms, where justice isn’t abstract but personal, our role can feel more human and immediate.
County and Supreme Court in Cooperstown are a little different. The courthouse itself is steeped in history and solemnity. The worn benches, the leather-topped tables, the ornate architectural details — all of this reminds you that you are just one small part of the system of justice in our community. Each step up the stairs and each time you walk through the door to the courtroom, you are reminded of your role and the tremendous responsibility you have with your defined purpose in the building. There is a deep sense of reverence and obligation, and sometimes humility or a little intimidation.
To contrast, town courts feel a little different but are no less important. In some ways, practicing law in town courts feels even more meaningful. In this setting you truly feel that you are participating in the living fabric of democracy. You can’t get any closer to democracy than what you experience in our local courts.
We are a government of the people, by the people and for the people, as Abraham Lincoln affirmed in the Gettysburg address in 1863. The government derives its legitimacy from the will of the citizens and exists to serve them.
So, too, does town court. The judge is elected, and he may be your retired neighbor, or she may be a dairy farmer. The clerk may be coming to court after working a full day at the school down the street. These folks have most likely volunteered to serve because they love their community. In many cases, everyone in the courtroom knows one another. The judge is elected by the community and inarguably has an interest in the lives of the people who enter the courtroom. The judge is just another member of the community in which he serves, the only difference in that he has been elected by his neighbors to moderate or resolve local conflicts.
Local justice. It is close to the people. There is potential for a more immediate, community-oriented form of legal resolution. Decisions will often reflect local values and priorities, keeping constitutional principles in mind. Local justice plays a broader role in upholding democracy at the grassroots level. Practicing law in local court can be exhilarating because of this access.
Sure, there can be drawbacks. There are drawbacks in County and Supreme Court too. It is easy to get jaded in this line of work. The system isn’t perfect, and neither are its players. But when I leave Cooperstown at 4:30 p.m. to make a Butternuts Town Court appearance in the summer, driving through the peaceful and idyllic country, there is nothing better. Not only do I have the privilege of representing my client in court, in a proceeding that is so significant it will shape the course of their life for the near future. I get to do this job in this place, in this amazing land, surrounded by these hills, the trees, the fields.
Local courts provide the opportunity to resolve an issue directly with the other party and the judge, and stop for an ice cream on the way home. What could be better than this?