I have an online Genealogical Guide to Monroe County that is an outgrowth of a book that I originally published in the 1980s. There is hardly a mention of court records in that guide. I do mention divorces and naturalizations which took place in a court. This is NOT about either of those. This is about criminal and civil court cases where one person that sues another.

This research has been VERY frustrating. There are a lot of courts and they have changed over time. In the end I still am not sure what records are available nor where they all are located. So I would like lots of comments. I have no legal training and if you know either a lawyer or even a person that works in news reporting then they may be able to offer their thoughts.

I really started this court record project two years ago. I went to the Monroe County Clerk’s office and made an inventory of what they had on their shelves. I also did a couple of days research online. I ended up getting so confused that I gave up.

Then in April Jeanette Sheliga gave four talks to the Rochester Genealogical Society at the Genealogy in Bloom event. One of her talks was about “County Courthouse Records” and she briefly mentioned court records. That set me on this search again.

Over the few last weeks I have been going to start writing this then I thought about another place and record that I wanted to get information on. In the end, there still are many unanswered questions.

I am going to start at the lowest set of courts in New York State; Town and Village Courts. You probably only know about these courts in relation to traffic violations. If you have a traffic violation, you can request a  jury trial or bench trial (no jury) in one of these courts. They also handle owner/tenant cases. They also handle small claims cases. I believe that most cases heard by Town or Village Judges are tenant related or small claims.

Greece Court Building (from Google Maps)

If a person is arrested in a Town then they will appear before a local Judge. Currently if the charge is a misdemeanor with possible punishment of a year or less than they would have a trial in the Town court. If the charge is a higher misdemeanor or a felony the local Judge will only do an arraignment and the person will be sent to County Court.

A Village can have a separate court. Brockport and Honeoye Falls both have a Court that is separate from their Town’s Court. Fairport had a Village Court until Jan. 1, 2013 when it was dissolved. Instead those case would now be heard in the Town of Perinton Court. It is possible that other Villages in the County could have had a Court in the past or may have an active Court.

In theory, Court records should be kept forever and should go back to the beginning of the Town (or Village). So they should be in the Town Hall. It is also possible that some of these records may have gone to the Town’s Historian. I haven’t tried to get any of these records nor know of anyone that has. The Town may ask you to file a Freedom of Information Law (FOIL) request. These records would probably not be extensive. Just the name of the person (or persons), a date of the case, the charge, and a result which would only amount to a few lines.

Last week there was the RGS picnic and tour at the Webster Museum. The Webster Historian showed me that she has 2 books of old court records, one of which was labeled “Police Court.” I really doubt anyone has ever asked to look at those books.

Did I get anything wrong? Do you have any suggestions about Town and Village Court records? Leave a comment or send me an email (dickhalsey@gmail.com).

Next: City of Rochester Court(s)