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[T] People v. Ventura5/6/2004
ton Pushing Judge to Relent, N.Y. Times, Mar. 22, 1996, at A1. Subsequently, in a written response to Rep. McCollum, the White House disavowed any intent to ask for Judge Baer's resignation, saying that the issues should be resolved in the courts. See Newman, The Judge Baer Controversy, supra, at 160. Then-Senate Majority Leader and Presidential candidate Bob Dole joined the fracas by saying that if Judge Baer did not resign, he should be impeached. See id."
Every legal decision is interpretative and every judge who writes a decision is interpreting. The common law is interpreted from the customs and practices of a society. The common law does not remain static anymore than society does. A judge writing a decision does not necessarily do so as a pure reflection of tradition but may be in a position where a novel question is presented and where society through its customs and practices has not presented a clear solution to the problem. The judge, while a member of society, is compelled to find a legal answer to a legal question. Of necessity the problem may have to be analyzed from a historic and public policy standpoint. As such, the legal answer may be a reflection of existing policies, mores, customs and practices or it may attempt to find a legal solution by considering a number of issues instead of a narrow one as presented. The diversion from the narrow question presented into the realm of philosophy, history and public policy is often referred to as dicta. However, the dicta may explain the rationale for the decision with historic references, metaphors and analogs. In this case the narrow question presented may have been: "Was there probable cause for the issuance of a search warrant by an Associate Village Justice?" The answer might be a simple yes or no. So-called strict constructionists might favor that. This Court does not believe that such a simplistic question or answer furthers the path of the law by inadequately analyzing the problem and not finding a solution to it. The problem, legal and otherwise, is not simply about search warrants and illegal dwellings but also has to do with immigration; human and civil rights; privacy; the shortage of housing; absentee landlords and slumlords; habitable and safe housing; the preservation of one-family neighborhoods; overcrowding; taxation; code enforcement; discrimination and the costs of municipal services. A legal decision, even one by this humble Village Court, must consider these issues in a case of this genre. More importantly the Court has the opportunity, through its decision, to show the litigants and the rest of the community that it has further considered all of the dimensions of the problem for the benefit of the entire community and not purely from a strict code enforcement standpoint. It is easy to give law enforcement power, it is much harder to take it away. This is why this Court pauses before it extends the power of law and code enforcement. While this Court may not be able to provide a legal solution effecting all aspects of the problem, it can at least show that it has given thought and consideration to the permutations of it.
By this decision this Court does not mean to give aid or comfort to the slumlords of our communities who exploit the poor on a grand scale by illegally renting rooms and even beds in single family dwellings. The living conditions that the poor endure are abhorrent and dangerous, creating health and safety hazards that may be deadly to them and possibly their neighbors as well. This Court does not question the honesty and good faith of law enforcement; the Building Department; or the prosecutor for seeking to enforce the Village's Building Code in order to insure the safety of our residents. See U.S. v. Leo
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