Wallkill, NY - Judge Tosses Out 70 Tickets

Wallkill, NY - Town Justice Ray Shoemaker dismissed about 70 traffic tickets written by troopers, a move that could land him in a higher court - as a defendant, all in response to a new state police policy that bans troopers from reaching plea bargains when they prosecute traffic infractions.

Both the chief lawyer for the state police and Orange County District Attorney Frank Phillips think Shoemaker's wrong. "Step one is to contact the judge, to try to explain to him that his decision is in error," Phillips. "Our next step would be either an appeal or an Article 78 proceeding (a civil suit) to prohibit him from doing this in the future. In my opinion, he's clearly acting in excess of his authority."

Shoemaker's move was the most dramatic response, some judges have postponed trials because Gov. George Pataki is considering whether to sign a bill that would return plea bargaining power to troopers and avert fears of late nights in court caused by an abundance of trials.
Troopers who showed up for trials in Wallkill Town Court told their superiors that Shoemaker dismissed the tickets after declaring that the new policy, which took effect on Sept. 1, made troopers witnesses, not prosecutors. 
Shoemaker confirmed that account after court. "I'm not going beyond that," he said. The tickets were dismissed without prejudice, meaning they could be refilled. "They were just dismissed for failure to prosecute," Shoemaker said.

If Shoemaker's decision is overturned on appeal, the 70 tickets that he tossed would be reincarnated in his court.