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Update: Hamburg Village Court last night. Wednesday 9-24-14
SAFE Act sign case
The judge did everything he could to prevent giving Scott a trial on the charge.
He tried to issue a Summary Judgment on the charge, which is not allowed in a "criminal" matter. This is something that is done in civil actions.


The judge was reminded of this by Scott's attorney. The judge stated that he had already issued his ruling on the motion and there was no need for a trial. When Scott's attorney insisted that he be given a trial, the judge scheduled it for Friday morning, at 9AM, giving only 38 hours for trial preparation to Scott and his attorney.


The Judge also figured that with the short notice he would not have to deal with a crowd of interested people that may show up to show support at 100 Main St., Village of Hamburg.


Because this judge wants to throw someone in jail, any interested spectators are reminded to be on their best behavior and not to do anything that can be considered as contempt.

More to come...................
 

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Is it a "criminal" or a "civil" matter?

You are correct, there can be no summary judgement on a criminal matter.
 

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R.I.P. to our friend PY-3-21-2016
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Are you keeping SCOPE posted?

SCOPE is having meet the candidates night tonight at the Chicken Coop, are you attending? I can't make it but will be watching for SCOPE email alerts. My son has off on Friday. I'll wait to see what SCOPE posts.
 

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This would be a civil matter. They are usually decided on papers, no trial. Not sure what the OP even means.
 

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This would be a civil matter. They are usually decided on papers, no trial. Not sure what the OP even means.
I believe a trial by jury can be demanded. I know it can in small claims.
 

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This would be a civil matter. They are usually decided on papers, no trial. Not sure what the OP even means.
It's a local Erie County/Town of Hamburg thing. There may be a mustering of minutemen to fill the courtroom and let the judge know FYS. Judge is a wimp and trying to pull a fast one.
 

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This ought to very interesting to say the least ! This would be.worth the drive into the city just to watch this circus unfold ! I'm betting this will be a huge circus !
 

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Sadly, common sense is seriously lacking these days, and if he is convicted, this will prove it.
 

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At the SCOPE meet the candidates night tonight it was announced that SCOPE is calling for member attendance in the court room. No signs, quite observers but in mass. Friday morning 9/26/2014. 9am (0900) at the Hamburg VILLAGE Court. 100 Main Street, Hamburg NY 14075.
 

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That's different. A criminal matter entitles the defendant to a trial, no doubt about it, although probably not a jury trial. At least there is a record for appeal.
Yeah it seems to me the judge is going to move to dismiss the charges, at least that's how it appears based on the info within the OP's article. The judge himself seemed somewhat confused on the criminal vs. civil matter of the case. Frankly I believe a violation of a town ordinance should be a civil matter, but know that many ordinance violations are treated as criminal matters. It's sort of a gray area though.
 

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It's a local Erie County/Town of Hamburg thing. There may be a mustering of minutemen to fill the courtroom and let the judge know FYS. Judge is a wimp and trying to pull a fast one.
Sounds to me like the "judge" is just a village justice, probably with very little legal training and he is trying to get out of this mess without being removed from his position entirely. This is the same guy that had the Art 78 filed against him for the sua sponte order to remove the sign, right? I have no idea if the judge is a wimp, but it sure seems like he is *way* in over his head in terms of basic legal procedure here.
 

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The justice system should be dealing with criminal matters that impact the town not petty civil matters and politics.
 
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