It was an early Thursday morning. In a small securely locked room just off the Wayne County Jail entrance the judge for the early CAP (Centralized Arraignment Part) Court was preparing for the morning’s two defendants.

CAP Court is five years-old in Wayne County, but the new way arraignments are be held is just beginning in nearby Monroe County.

On this particular Thursday morning, the attending judge is Palmyra Town/Village Justice Terry Rodman. Judge Rodman is one of 31 Wayne County town and village justices that make up the County CAP Court.

Wayne County Public Defender Andrew Correia stated "That about two years of discussion and debate between the Magistrates Association, the Office of Court Administration, the Public Defender, Sheriff Virts and Undersheriff Fosdick of the Wayne County Sheriff’s Office and many other members of local law enforcement, the Centralized Arraignment Part (CAP) started hearing arraignments at the jail on April 1, 2019. This was nine months before bail reform went into effect. With the ongoing support of the Correctional staff at the jail and the commitment of the magistrates, the CAP continues to run smoothly to make sure people have lawyers when they first appear in front of a Judge."

CAP Court is held twice per day at 7 a.m. and 7 p.m. seven days a week, without exception. Justices choose the days and times they will appear in CAP Court, scheduled every quarter during the year. Judges with seniority have first picks for the quarter. 

The scheduled judge calls in about an hour before the proceeding to see if and how many defendants will appear. On some days the judge is lucky and there are no defendants arrested before their assigned shift. On other days multiple arraignments are held and CAP Court can take endless hours.

CAP Court judges are paid by the state. 

Also attending the morning and evening CAP Courts is a member of the Public Defenders Office, paid through a grant obtained by the Wayne County Public Defender’s Office. They too are assigned in a rotating schedule that includes Correia as well.

A District Attorney representative is normally not present since there are no funds for reimbursement. A District Attorney Representative is, however, available by phone for any recommended bails.

One-by-one the jailed defendants are brought into the secured room for their appearance. Most, under New York law, are released on the cashless bail system (to be defined later in this story). Some, under special conditions have bail assigned to their release.

Once arraigned, defendants are taken back to jail for processing out, or for incarceration until the bail requirement  is met. Sometimes the Wayne County Preventive Services intervenes on behalf of the defendant, and they are released without bail.

The scheduled judge assigns dates for the county, town, or village where the defendant committed the alleged crime. In some case, especially in domestic crimes, the attending judge, upon the wishes of the victim, can order a Court Order of Protection. 

According to Wayne County District Attorney Christine Callanan: "These arraignments also allow for the swift issuance of orders of protection, which is crucial for the safety of victims, particularly those involved in serious, violent crimes. The ability to quickly put protective measures in place can help prevent further harm and provide victims with the immediate legal support they need during such a traumatic time.

Court Orders of Protection can take  several forms. The most common are  ‘Refrain From’, meaning the defendant must stop the activity that led to his/her arrest. "No Contact" Order of Protection, means the defendant is prohibited for  any and all contact with the victim, including by presence, voice, e-mail, social media, or third party.

Upon conviction, a Court Order of Protection can be deemed temporary, or permanent.

A defendant of a Court Order of Protection can be charged with Violation of the Order in the Third Degree, leading to another violation that increases the Violation in the Second Degree, both of which are a misdemeanor. 

A Third Violation of the Court Order of Protection moves the crime into a more serious felony status.

Story continued on Page A5 in this weekend's edition