[HISTORY: Adopted by the Town Board of the Town of Thompson as indicated in article histories. Amendments noted where applicable.]
Article I Clerk and Deputy Clerk
Article II Clerk's Manual
[Adopted 8-18-1981 by L.L. No. 8-1981]
There are hereby created the positions of Clerk and Deputy Clerk of the Town Justice Court of the Town of Thompson.
The positions of Clerk and Deputy Clerk of the Town Justice Court of the Town of Thompson shall be filled by appointment by the Town Board of the Town of Thompson. The term of office of the Clerk and Deputy Clerk of the Town Justice Court shall be one year.
The salary of the Clerk and Deputy Clerk of the Town Justice Court of the Town of Thompson shall be in such amount as may be fixed by said Town Board upon the appointment of the persons to fill said positions and as may be appropriated by the Town Board for each of such offices.
The offices of Clerk and Deputy Clerk of the Town Justice Court of the Town of Thompson shall be in the exempt class of Civil Service pursuant to the provisions of § 41 of the Civil Service Law of the State of New York.
[Adopted 2-10-1983 by resolution]
The following represents the Justices' instructions to the Justice Court Clerk and Deputy Justice Court Clerk of the Town of Thompson Town Court with respect to the duties of said Clerks.
The Justice Court Clerk shall be primarily responsible to see that the office is so run that the Justices' instructions are carried out and that the work to be done is completed timely. If there is any question concerning the following, Justice Ledina or Justice Meltzer should be contacted for clarification.
The items set forth below are to be handled as nearly as possible in the order set forth:
By the next day following a Court session, the calendar from the prior Court session should be reviewed and processed. This includes, without limitation:
At any time during the week, when work is left on either Clerk's desk by one or another of the Justices, such work should be completed promptly.
Mail should be opened daily and the contents stamped with the date of receipt and as follows:
Mail relating to matter to be placed on the calendar or already calendared should be handled first. Correspondence relating to a matter already on the calendar should be attached to the outside of the file so that the Justice involved will see it not later than on his Court session. If the matter is calendared for a session beyond the next Court session, it is to be advanced to the next upcoming Court session of the Justice in question and calendared for his review. On new matters to be added to the calendar, the papers should be placed in a file, docket sheet prepared, case entered in the diary and then properly filed in the calendar drawer.
When cash, checks or money orders come in, the case file should be pulled, the appropriate cash receipt should be issued, conviction stubs of drivers' licenses should be marked where necessary, and the file should be placed for docketing or, where appropriate, placed on the calendar.
Other matters involving traffic tickets should be handled next. When a guilty plea comes in on a matter where a conviction stub is required and said conviction stub is not enclosed, a notice should be sent to the defendant requesting the conviction stub, and the ticket is then to be filed in the ticket drawer. All traffic tickets, with pleas, ready for a fine or trial date to be set should be left for the appropriate Justice.
For other correspondence which cannot be handled by the Clerk and in which intervention by a Justice is necessary, the same should be left for the appropriate Justice with such papers as the Justice will require in order to frame a reply. For example, if an order for return of fingerprints and photographs comes in, a copy of the docket sheet showing the disposition should be left for the Judge. The Clerks are expected to handle all correspondence that does not require intervention by the Judge, such as an inquiry concerning a charge on an audit and control report.
Completed cases not already docketed in compliance with Subsections A(1) through (3) above should be docketed next. As docketing is done, and this applies to all items docketed, an entry should be made for the respective Justice's monthly audit and control report so that said report is, in all respects, maintained on a current day-to-day basis along with the docketing. Criminal, vehicle and traffic and civil cases are to be kept on separate pages of the audit and control report. Cases are to be docketed and are to appear on the audit and control report pages in chronological order and, on any one date, in numerical order of the receipt issued as well.
Fine notices, trial notices and replies to correspondence are to be next attended to and sent.
Traffic matters in the ticket drawers in which no appearance has been made or activity occurred for a sixty-day period are to have suspension notices prepared and sent. There should be no traffic matters pending in the ticket drawer which have gone without an answer or an appearance for 90 days or more. All such cases should have been the subject of a suspension notice and placed in the suspension files.
The following are to be accomplished on a day-to-day basis while the instructions above set forth are being complied with:
A log is to be kept of all long-distance telephone calls. Such log is to set forth the date and time of the telephone call, the telephone number to which made, to whom the call was made, by whom the call was made and the file to which the call relates. Collect calls should be made whenever possible. A sample sheet for long distance telephone calls is attached.
Editor's Note: The sample sheet for long-distance telephone calls is on file in the office of the Town Clerk.
A log should be kept with respect to all penalty assessments. The log should set forth the Judge's name, date assessed, defendant's name, the amount of the penalty assessment, the date it was paid, the receipt number and the docket number. A sample log sheet for penalty assessments is attached.
Editor's Note: The sample log sheet for penalty assessments is on file in the office of the Town Clerk.
The Clerk and Assistant Clerk are to keep daily activity sheets of the kind of work they have attended to, in the order that they attended to it. Each Clerk is to keep her own activity sheet; for example, "opening mail 9:00 to 9:30; docketing 9:30 to 10:30," etc. A sample activity sheet is attached.
Editor's Note: The sample activity sheet is on file in the office of the Town Clerk.
Disposition inquiries from law enforcement agencies are to be handled last and as time permits. Representatives of law enforcement agencies are welcome to check the Court's calendar, docket books, docketed papers, files and indexes at their leisure. They may not inspect a file unless such file is handed to them by the Clerk, and the file must be examined in the Clerk's presence and in the office. No photocopying of a noncivil matter is permitted without a Justice's consent. No sealed file may be examined without a Justice's prior written consent.
Nothing, including and without limitation the files, books, papers, records or documents or anything else, belonging to or a part of the Court's records, whether sealed or unsealed, may be removed from the Justice Court office or courtroom by anyone, except one of the Justices, unless the express written consent of one of the Justices is first obtained.
Photocopying charges in civil cases shall be $0.50 per page, to be paid in advance. Requests for copies must be accompanied by a preaddressed postpaid envelope. Any person who telephones the Court for information and who will be following up with a letter request should be advised that a preaddressed postage-paid envelope should be provided to ensure a reply.
A rubber stamp has been ordered, which will provide the following message: "Include a stamped self-addressed envelope for the return of a receipt and/or your conviction stub and/or other documents." All correspondence from the Court concerning pleas and fine notices should be stamped with such rubber stamp.
Docketing work goes in the docketing folder until docketing is completed, then in an appropriate file drawer or docket book, as the case may be.
Cash and checks go in the cash receipts book with a receipt written.
Correspondence requiring a Justice's attention is handled in accordance with Subsection A(3) above.
Uncalendared traffic matters go in the vehicle and traffic drawer.
All calendared matters go in the calendar drawer.
Warrant cases go in the respective Justice's warrant drawer.
Justice Ledina's uncalendared civil matters go in the warrant drawer, alphabetically by plaintiff's name.
Justice Meltzer's uncalendared civil matters go in the accordion civil file, alphabetically by plaintiff's name.
No papers or records are to be stored overnight anywhere except in their proper place.
All work in progress not concluded at the end of a workday shall be placed in a work-in-progress folder to be kept in the top drawer of the middle cabinet and emptied, and the work therein completed, on the next working day. The contents of the work-in-progress folder are not to be allowed to accumulate.
The workday starts at 8:30 a.m. and ends at 4:30 p.m.
In the event that the Town Board changes the regular hours during which the Town Hall shall be opened for business, said Justices will advise the Clerks as to how those different hours shall apply to the Clerks.
The Deputy Court Clerk shall take lunch from 12:00 noon to 1:00 p.m. The Court Clerk shall take lunch from 1:00 p.m. to 2:00 p.m.
A fifteen-minute coffee break shall be allowed for the Deputy Clerk between 10:30 a.m. and 11:00 a.m. and between 2:30 p.m. and 3:00 p.m., and a coffee break of 15 minutes shall be allowed to the Clerk between 11:00 a.m. and 11:30 a.m. and between 3:00 p.m. and 3:30 p.m.
Coffee breaks may not be accumulated, nor may they be added on to either the beginning or end of the lunch hour, nor may they be subtracted from the start or end of a workday or vacation period. Coffee breaks are to be used, and if they are not used during the times allowed in each day they are lost.