Meet the Village Justice and learn why he is sometimes called to court in the middle of the night

Village Justice Michael Curti along with candidates for Village Trustee Jeremy Wise, Ken Mazer and Jeremy Gans are on the ballot for election on Tuesday March 19, 2024Scarsdale's Village Justice Michael Curti is on the ballot for election on Tuesday March 19, 2024. Find out more about him below and remember to vote for Curti and the candidates for Village Trustees on Tuesday March 19 at Scarsdale Library from 6 am to 9 pm.

Tell us how you came to serve as Scarsdale’s Village Justice and why you would like to continue to serve?

In early 2022, after Justice Alemany announced his retirement, I saw a notice advertising for the position of Associate Village Justice. I had applied previously for the position and had been interviewed by the Judicial Qualifications Advisory Committee but never expected to be selected since we had two terrific judges in Justice Alemany and Justice Dunne. With Justice Dunne’s appointment to Village Justice, there was a vacancy in the Associate Village Justice position. Thereafter, I was interviewed by Mayor Veron and the then Board of Trustees and subsequently appointed as Associate Village Justice. In 2023, I was reappointed as Associate Village Justice by Mayor Arest and the current Board of Trustees. With Justice Dunne’s retirement in late 2023, I was appointed to serve the remainder of her term.

There are three reasons why I am standing for election to serve a full term as Village Justice. First, I am very passionate about public service. I have spent most of my career in local government and always achieved the most personal and professional satisfaction in the daily problem solving and solution building that comes with the territory of working in the public sector. Second and equally important is the people at the Court. Scarsdale is fortunate to have an exceptional team in our clerks, stenographer and court officers and I’m privileged to be their colleague. I have practiced in a lot of local courts in this county and I can say, without reservation, that we have the best Court staff. They work tirelessly and have a commitment to their craft that is inspiring. We are always working on improving our court processes to stay on top of the latest trends in the law. Apart from spending time with my family, going to Court is the highlight of my week. Lastly, I enjoy the subject matter that the Court handles. My law practice is primarily municipal law and I’ve lectured at Pace Law School and around our state on topics that routinely come up when I sit. Until I became a judge, my time in the state court system as a law clerk was the most intellectually fulfilling of my career. Once again, I get to think, research, and write about the law. I find that to be professionally rewarding.

What did you do earlier in your career?

I went to law school right after college. Following law school, I worked in corporate law for a time but really wanted to be in the courtroom. I was fortunate to be appointed a Westchester County assistant district attorney. I spent most of my tenure handling cases in the various local and city courts in Westchester County, which was great training for what I do today. In fact, many of the lawyers who appear before me are former colleagues or adversaries. From the District Attorney’s Office, I served as a law clerk in New York State Supreme Court. Thereafter, I was appointed first as Deputy Corporation Counsel of the City of Yonkers and a few months later, Corporation Counsel. I’m the second former Corporation Counsel to serve as Scarsdale Village Justice in the last 40 years (Justice J. Radley Herold was the first). Among my duties as Corporation Counsel was overseeing many of the types of matters that come before our Court.

Is the position a full-time post? Can the Village Justice also engage in other professional activities?

The position is part-time. I sit on Wednesdays all day. The criminal calendar begins at 9:30 a.m. At 11:00 a.m., I hear landlord/tenant matters or matters pertaining to village code violations. At 1:00 p.m., we have the traffic calendar. At the conclusion of the traffic calendar, we have trials or hearings. Small claims are heard once a month on a Thursday. Occasionally, we schedule additional days for traffic and civil court as needed. My administrative duties are handled throughout the week in the morning or evening hours.

Local magistrates, like a Village Justice, are permitted to practice law since the position is not full time. I’m presently a partner in a law firm.

Have you been called in to court in the middle of night? Does this happen often and why is it necessary to bring suspects to court after hours?

Yes, including weekends and holidays. The frequency is not consistent. For example, I recall handling two arraignments on Veteran’s Day followed by no calls for a week or so. In addition to Scarsdale cases, I also serve as an “accessible magistrate” for the Youth Part of the County Court. Two weeks out of the year, I perform arraignments for that part when that Court is not in session.

One of the cornerstones of our justice system is the right to due process. Due process is the steps the government must take before depriving one of their fundamental rights, like the right to liberty. When someone is accused of a crime, it is important that they be brought before a magistrate (e.g. the Village Justice) as promptly as possible so they can be told the charges against them and what their rights are, like the right to have an attorney appointed for them if they don’t have the resources to hire one. The Village Justice must also decide whether that person should be released from custody on their own recognizance or whether a reasonable bail or remand is necessary.

Some cases take more than a year to be heard in Court. Can you explain why the long delay?

This is a great question. We hear almost 5,000 cases a year in our Court. Most cases that started in 2023 were closed in that same year. However, there are cases which take a little longer and there’s a few reasons for that. Some cases are complicated, involving novel legal issues which lend themselves to more intense discovery, motion practice and hearings. Some defendants have cases in other courts and there’s a desire to have a global disposition which addresses those other matters. That takes coordination and time. In the criminal part, a lot of what we do is pleas and sentences. I gave a lecture on this topic in Syracuse this past fall to the New York State Magistrates Association. In our state court system, unlike the federal courts, the judge, defense counsel, and the prosecutor are all active participants in the plea-bargaining process. Sometimes one of the parties won’t agree to proceed with a plea until a sentence condition, like a community service obligation or substance abuse treatment program, is near completion. That may, for good reason, delay the final resolution of the case.

I heard there was a jury trial in Scarsdale last year. How often do these occur and why was this one held in Village Hall?
There was a jury trial in the Fall of 2022. They are rare occurrences but do happen from time to time. Non-jury trials in the small claims and landlord/tenant parts, and hearings in the criminal part, are far more common. All our court proceedings are conducted in Rutherford Hall.

Why do you enjoy living in Scarsdale?

My wife had fond memories growing up and living in the Village and always wanted our children to share in that experience. I grew up in Westchester County and knew that this was an extraordinary place to live. It has not disappointed. The commitment to volunteerism and the public good shared by our friends and neighbors is inspirational. This community is filled with warm, decent, and generous people and we count ourselves truly blessed to live here.