The Court System in Westchester County
Like all New York state courts, the Westchester County court system has many courts serving different legal needs. Which one you will use depends on the kind of problem that brings you to the court - but the system can be confusing for people without a lot of legal experience. This site is intended as a guide to the Westchester County court system for people who may be going to court for the first time.
In most of upstate New York, including Westchester County, the lowest courts in the system are village, town and city courts. These courts typically hold trials for misdemeanors and lesser infractions like traffic violations, as well as preliminary hearings for felony trials. They may also hear smaller lawsuits claiming no more than $15,000, including small claims. In Westchester County, we have city courts for the cities of New Rochelle, Mount Vernon, Rye, Peekskill, White Plains and Yonkers.
The higher Westchester County Court hears felony trials and lawsuits worth up to $25,000. If you are involved in a civil lawsuit claiming a larger amount of money, you will go to the Westchester Supreme Court. The Supreme Court is the general trial court in the state of New York; it is not the state's highest court. In addition to civil trials, the Westchester Supreme Court also has jurisdiction over divorce; a kind of lawsuits called declaratory judgments; and certain claims against government officials. The Westchester County Court and Westchester Supreme Court are both in downtown White Plains, in the judicial and government complex at 111 Dr. Martin Luther King Jr. Boulevard. Also located there is the Westchester Surrogate's Court, which handles matters related to wills and estates.
If you have a matter related to families or minors, including child custody and support as well as criminal matters, it will be heard in Westchester Family Court. The Family Court hears cases of crimes committed by juveniles under 16; domestic violence, child abuse and child neglect; adoption; paternity; and child support, visitation and custody. There are three Family Courts in Westchester County - one in the White Plains judicial complex, and two others in New Rochelle and Yonkers. Families are assigned to the courts according to where they live, with most towns assigned to White Plains.
You are permitted to represent yourself in Westchester courts, and an attorney may be appointed for you if you are accused of a crime. But in contested cases where the outcome is important to you, experts recommend that you seriously consider hiring an attorney, particularly one who practices regularly in Westchester County. All experienced attorneys in the state of New York understand state law - but only by hiring a local attorney can you find someone who is also very familiar with the institutions and people who make up our local courts. Regularly practicing before the court can give an attorney valuable insight into the preferences and personalities of its judges and juries - which can change the outcome in an important or fiercely contested case.