[Amended 12-4-2006 by L.L. No. 2-2006]
Binghamton City Court is a New York State run court of record with both civil and criminal jurisdiction as provided in the Uniform City Court Act (Judiciary Law/UCCA §§ 101 through 2301).
[Amended L.1968, c.240; 12-4-2006 by L.L. No. 2-2006]
A.
Two full-time judges serve the Court and are chosen by election every 10 years. Each full-time judge takes office on the first day of January following such election. Salary is fixed by the New York State Legislature by statutory enactment. Each judge must be a resident of Binghamton and have been admitted to practice for five years. A full-time City Court Judge shall not engage in the practice of law, act as an arbitrator, referee or compensated mediator in any action or proceeding, or engage in the conduct of any other professional business that interferes with the performance of his or her judicial duties.
B.
One part-time (1/4) City Court Judge serves the Court by appointment of the Mayor for a six-year term. The Judge, by statute, must be a resident of the City in which he/she is appointed and be an admitted attorney, practicing law in this state for at least five years. The next appointment date is December 28, 2007, and every six years thereafter.
C.
An Acting City Court Judge and/or a JHO (Judicial Hearing Officer) may be appointed by order of the Administrative Judge of the Sixth Judicial District. The extent of the appointment and duties pursuant thereto shall be delineated by the Administrative Judge.
D.
In the event of temporary disqualification of a City Court Judge, i.e., illness, accident or disability, the Administrative Judge of the Sixth Judicial District may assign City Court Judges, duly elected or appointed, from other jurisdictions in the Sixth Judicial District or justices of a town or village court in the County of Broome to fill the vacancy.
E.
In the event of a permanent vacancy, i.e., retirement, death or removal of a City Court Judge, the Mayor of the City of Binghamton shall appoint a qualified replacement until a special election can be held the November following the vacancy.
[Amended 12-4-2006 by L.L. No. 2-2006]
City Court Judges, both full-time and part-time, are compensated by New York State legislative enactment (Judiciary Law § 221-i). Acting City Court Judges and Judicial Hearing Officers, appointed by the Administrative Judge, are paid on a per-diem basis.
[Amended 12-4-2006 by L.L. No. 2-2006]
The Judges of the City Court shall possess all the powers and exercise all the jurisdiction in all matters, suits and proceedings conferred by the laws of the State of New York under the Uniform City Court Act, §§ 101 through 2301, and the Code of the City of Binghamton, including the power to punish for contempt, both criminal and civil, conferred by the laws of the State of New York. The Senior City Court Judge, in consultation with the other full-time Judge, shall supervise the business of the Court. She/He shall, under the guidelines of the New York State Office of Court Administration and the consent of the Administrative Judge, prescribe the hours and scheduling of the Court's business.
[Amended 12-4-2006 by L.L. No. 2-2006]
A.
The Chief Clerk of the Court shall supervise the Court employees under the civil service laws and the directives of the Office of Court Administration. The Chief Clerk is responsible to keep the official records of the Court and to maintain the financial accounts of the Court, including the taking of bails, fines, surcharge and any penalties or all monies for which the Court is responsible. The Chief Clerk shall distribute these monies in accordance with the law and keep all records concerning the same. The Chief Clerk shall have the authority to delegate his/her responsibilities to the Deputy Chief Clerk and any clerk employed by the court for that purpose. Other duties of the Chief Clerk include, but are not limited to:
(1)
To keep the seal of the Court and affixing the same to such papers and documents, as required by law.
(2)
To keep, store and maintain any and all books, accounts, papers and records of the Court as prescribed by law and the Office of Court Administration.
(3)
To schedule employees to attend to the business of the Court and assist the judges in their duties.
(4)
To issue and sign subpoenas, transcripts of judgments, executions, commitments and certificates of conviction.
(5)
To perform such other duties as are inherent in the Office of Clerk and also as he/she shall be directed to perform by the City Court Judges.
B.
The Chief Clerk, and all subordinates, including Chambers Staff, shall be selected and paid in accordance with the law as prescribed by the New York State Legislature (New York State Civil Service Law) and the rules of the Chief Judge.
[Added 12-4-2006 by L.L. No. 2-2006]
As a state court in the Unified Court System, Binghamton City Court falls under the purview of the Chief Judge of the Court of Appeals (NY Constitution Article 6, § 28).
A.
The Chief Judge of the Court of Appeals shall be the Chief Judge of the State of New York and shall be the chief judicial officer of the Unified Court System. There shall be an administrative board of the courts, which shall consist of the Chief Judge of the Court of Appeals as Chairperson and the presiding justice of the Appellate Division of the Supreme Court of each judicial department. The Chief Judge shall, with the advice and consent of the administrative board of the courts, appoint a Chief Administrator of the courts, who shall serve at the pleasure of the Chief Judge.
B.
The Chief Administrator, on behalf of the Chief Judge, shall supervise the administration and operation of the Unified Court System. In the exercise of such responsibility, the Chief Administrator of the courts shall have such powers and duties as may be delegated to him or her by the Chief Judge and such additional powers and duties as may be provided by law.
C.
The Chief Judge, after consultation with the administrative board, shall establish standards and administrative policies for general application throughout the state, which shall be submitted by the Chief Judge to the Court of Appeals, together with the recommendations, if any, of the administrative board. Such standards and administrative policies shall be promulgated after approval by the Court of Appeals.
[Added 12-4-2006 by L.L. No. 2-2006]
The Chief Judge of the Court of Appeals in compliance with the Constitution has promulgated the following rules:
A.
Salary schedules for nonjudicial officers and employees allocated to salary grades; promulgation; placement thereon.
(1)
The chief administrator of the courts shall promulgate salary schedules for state-paid positions in the Unified Court System, allocated to salary grades, in accordance with law.
(2)
This subsection shall apply to each nonjudicial officer or employee of the Unified Court System in a position allocated to a salary grade and paid pursuant to a salary schedule, who moves to another position allocated to the same salary grade, provided:
(a)
His or her former position is in a collective negotiating unit established pursuant to Article 14 of the Civil Service Law and his or her new position is in another collective negotiating unit or not in any such unit, or
(b)
His or her former position is not in a collective negotiating unit and his or her new position is not in a collective negotiating unit and his or her new position is in such a unit.
(3)
Each such nonjudicial officer or employee shall receive a basic annual salary upon such movement, to be determined as follows:
(a)
Where his or her new position is paid pursuant to the same salary schedule as his or her former position, such nonjudicial officer or employee shall be paid the same basic annual salary in his or her new position as he or she received in his or her former position.
(b)
Where his or her new position is paid pursuant to a salary schedule ("new salary schedule"), which is different from the salary schedule pursuant to which he or she was paid in his or her former position ("former salary schedule"), he or she shall be placed on such new salary schedule and paid a basic annual salary on such new salary schedule which shall equal a rate that represents the same proportion of the maximum salary of his or her grade on the new salary schedule, as his or her basic annual salary under the former salary schedule represented of the maximum salary of his or her grade on such former salary schedule.
B.
All state-paid positions in the competitive, noncompetitive and labor classes in the Unified Court System shall be allocated to a salary grade by the administrative board of the judicial conference and shall be paid in accordance with this section. In the discretion of the administrative board any or all state-paid exempt class positions may also be so paid, within the appropriation available therefor.
C.
Additional increment.
(1)
Notwithstanding any inconsistent provision of this chapter, when an employee holding a position allocated to a salary grade prescribed in Subsection A of this section has reached, on or after April 1, 1999, a salary equal to or in excess of the maximum salary of the grade of his or her position and thereafter has rendered continuous service in such position, or in a position in the same salary grade, he or she shall be entitled, on the first day of the fiscal year following completion of four years of such service, to an additional increment of the grade to which his or her position is allocated and, following completion of eight years of such service, to a second additional increment of such grade. The salary of such employee shall not be increased, pursuant to the provisions of this subsection, to an amount in excess of the maximum salary of the grade of his or her position plus one additional increment of such grade or, upon qualifying for such second additional increment, to an amount in excess of the maximum salary of the grade of his or her position plus two additional increments of such grade.
(2)
For the purposes of this subsection:
(a)
An employee who has reached a salary equal to or in excess of the maximum salary of the grade of his or her position and whose position, on or after April 1, 1972, is reallocated to a higher salary grade shall be deemed to have had continuous service at the maximum salary of the grade of his or her position, notwithstanding the fact that, as a result of such reallocation, he or she is not receiving the maximum salary of the higher salary grade to which his or her position is reallocated.
(b)
An employee who has not reached the maximum salary of the grade of his or her position and whose position, on or after April 1, 1972, is reallocated to a higher salary grade shall be deemed to have reached the maximum salary of the grade of his or her position on the date on which he or she would otherwise have reached the maximum salary of the grade from which his or her position was reallocated.
(c)
When a position, on or after April 1, 1972, is reclassified to a title allocated to a higher salary grade, with no substantial change in duties and responsibilities from those associated with the former title, the incumbent's eligibility for additional increments authorized by this subsection shall be determined as though his or her position had been reallocated to such higher salary grade; such employee shall not be deemed to be appointed or promoted to a position in a higher grade for purposes of determining his or her salary therein.
(d)
When an employee is appointed or promoted to a position in a higher salary grade or, in a case not subject to the provisions of Subsection C(2)(c) of this subsection, when a position is reclassified to a title allocated to a higher salary grade and the incumbent thereof is appointed or promoted to such reclassified title, his or her eligibility for additional increments authorized by this subsection shall be determined on the basis of his or her service after the date of such appointment or promotion, except that, notwithstanding the other provisions of this subsection, where his or her salary upon appointment or promotion is equal to or greater than the maximum salary of the grade of his or her position plus one additional increment of such grade but less than such maximum salary plus two additional increments of such grade, he or she shall be eligible for an additional increment in accordance with the provisions of this subsection upon completion of four years of continuous service in such position following appointment or promotion.
(e)
An employee who has been on a preferred list pursuant to the rules of the administrative board of the judicial conference or § 243 of the Military Law, or has been on leave of absence, or who has resigned, and who has been reinstated to his or her position or a similar position, shall be deemed to have continuous service; provided, however, that such employee shall be credited with service in his or her position only in a fiscal year for which he or she would otherwise be entitled to receive an increment in such position if he or she were not receiving a salary equal to or in excess of the maximum salary of the grade of his or her position.
(f)
An employee shall not be credited with service in his or her position in any fiscal year where such service was unsatisfactory or insufficient to render him or her eligible for an annual increment if he or she were not receiving a salary equal to or in excess of the maximum salary of the grade of his or her position, but the failure to receive credit for such year shall not constitute an interruption of his or her continuous service.
(g)
When an employee is appointed, demoted or reinstated from a higher grade position to a lower grade position, he or she shall receive credit toward eligibility for additional increments in the lower grade position for his or her years of service in the higher grade position as though such service had been rendered in the lower grade positions.
D.
Annual increments; determination of salaries.
(1)
Rates of compensation. An employee holding a position allocated to one of the salary grades included in Subsection A of this section shall receive the minimum salary of the salary grade to which his or her position is allocated, plus the number of increments which corresponds with the number of his or her years in service in such position, unless his or her services during the year immediately preceding shall have been found to be unsatisfactory. No employee shall receive an increment which would result in his or her receiving an annual salary in excess of the maximum of the salary grade to which his or her position is allocated or of the amount to which he or she may be entitled pursuant to Subsection A of this section.
(2)
Appointment above minimum salary in certain cases. Notwithstanding any other provision of this chapter, with respect to positions allocated to salary grades in Subsection A of this section, if the annual salary of an employee subject to the provisions of this section who has rendered 26 biweekly periods of service during the period from April 1, 1970, through March 31, 1972, is less than $6,000 per year, such employee in lieu of such annual salary shall receive an annual salary of $6,000.
(3)
Notwithstanding any other provision of this chapter, no employee whose salary is below the minimum of the salary grade to which his or her position is allocated shall receive more than two increments in the fiscal year beginning April 1, 1973.
E.
Appointments and promotions to higher grade positions.
(1)
If an employee is appointed or promoted to a position in a higher grade, he or she shall receive an increase in salary, upon such appointment or promotion, which is equivalent to the full increment payable in the position to which he or she is appointed or promoted, or he or she shall be paid the minimum salary of the grade of the position to which he or she is appointed or promoted, whichever results in a higher annual salary.
(2)
Upon the reallocation of a position to a higher salary grade, the salary of any employee previously appointed or promoted from such position to another position in a higher grade shall not be less than the salary which he or she would otherwise be entitled to receive if such promotion occurred immediately following such reallocation.
(3)
For the purpose of computing future increments such employee shall be credited with the number of years of service in the higher grade position to which he or she is appointed or promoted which corresponds with his or her resulting rate of compensation as determined pursuant to this subsection.
F.
Appointments, transfers, reinstatements, demotions and displacements to lower grade positions. If an employee is demoted or displaced to a position in a lower grade, or is appointed, transferred or reinstated to a position in a lower grade, he or she shall, upon such demotion, appointment, displacement, transfer, or reinstatement, receive the rate of compensation which corresponds with the total number of his or her years of service in the positions from which and to which he or she is demoted, displaced, appointed, transferred or reinstated, as the case may be, and, for the purpose of computing future increments, he or she shall be credited with the number of years of service in such position which corresponds with such rate of compensation. If an employee is demoted to a position in a lower grade, he or she shall, upon such demotion, be paid the salary in such lower grade which corresponds with the number of his or her years of service in the grade from which he or she was demoted, or, in the discretion of the administrative board of the judicial conference, he or she may be paid a higher rate of compensation, not exceeding the maximum of the grade to which such position is allocated, and not exceeding the rate of compensation received prior to such demotion, and, for the purpose of computing future increments, he or she shall be credited with the number of years of service in such position which corresponds with such rate of compensation.
G.
Appointment, transfers and reinstatements to similar grade positions. If an employee is transferred to a similar position, or is appointed or reinstated to a position in the same salary grade, he or she shall be paid the same salary in such new position as he or she received in his or her former position, except that, in the case of a transfer, if such salary does not correspond with the schedule established for the new position, he or she shall be paid the rate of compensation for the new position which most nearly corresponds with the salary he or she is then receiving. An employee so appointed, transferred or reinstated shall be eligible to receive the increments in the schedule established for the new position based upon the number of his or her years of service in the new position and in his or her former position.
H.
Appointments, promotions, reinstatements, and transfer of employees occupying nonallocated positions.
(1)
An employee who has been continuously occupying a position which is not allocated to one of the salary grades described in Subsection A of this section and who is appointed, promoted, reinstated, or transferred to a position allocated to one of the salary grades in such subsection, the minimum salary of which is equal to or lower than the annual rate of compensation then received by such employee, shall, upon such appointment, promotion, reinstatement or transfer, be paid the minimum salary of the grade of such allocated positions plus the number of increments which corresponds to the number of years of his or her service in his or her former unallocated position or positions during which he or she received a salary equal to or in excess of the minimum salary of the position to which he or she is appointed, promoted, reinstated or transferred, not to exceed the salary that he or she was receiving in his or her former position immediately prior to the date of such appointment, promotion, reinstatement or transfer, and not to exceed the maximum salary of his or her new position.
(2)
For the purpose of computing future increments, he or she shall be credited with the number of years of service in such new position which corresponds with such rate of compensation. For the purposes of this subsection, the annual rate of compensation of the incumbent of an unallocated position compensable on an hourly or per-diem basis or on any basis other than at an annual salary rate shall be deemed to be the compensation which would have been payable if the services were required on a full-time annual basis for the number of hours per day and days per week established by law or administrative rule or order.
I.
Allocation of nonallocated positions.
(1)
When a nonallocated position is allocated to one of the salary grades described in Subsection A of this section, the annual salary of the incumbent thereof shall be determined in accordance with this subsection.
(2)
Notwithstanding the provisions of Subsection I(3) of this subsection, the annual salary of any nonallocated position, compensable on an annual basis, shall not, upon allocation to a salary grade, be reduced for the then permanent incumbent by reason of any provision of this section so long as such position is held by the then permanent incumbent.
(3)
When a nonallocated position is allocated to one of the salary grades described in Subsection A of this section, the incumbent thereof, whether employed on a permanent or temporary basis, shall be paid the minimum salary of the salary grade to which such position is allocated, plus the number of increments which corresponds with the number of his or her years of service in such position; provided, however, that such incumbent shall not receive an annual salary in excess of the maximum salary of the grade to which his or her position is allocated or the amount to which he or she may be entitled pursuant to Subsection C of this section, as the case may be.
(4)
No employee whose salary would be increased by such allocation shall have any claim against the state for the difference, if any, between his or her former salary and that which he or she should receive as a result of such allocation for the period prior to the date such allocation became effective.
J.
Accrual of increments. Annual increments shall take effect on the first day of each fiscal year, subject, however, to the provisions of § 44 of the State Finance Law. An employee who has served the equivalent of at least 12 complete payroll periods of actual service during the fiscal year in his or her position shall be eligible to receive an increment in such position on the first day of the next succeeding fiscal year; provided, however, that an employee appointed or promoted at any time during the fiscal year, who received an increase in salary upon such appointment or promotion which was less than two full increments of the grade of the position to which he or she was appointed or promoted shall be eligible to receive in such position on the first day of the next succeeding fiscal year the difference between two full increments of the grade of such position and the increase in salary which he or she received upon such appointment or promotion, notwithstanding the fact that he or she has less than the equivalent of 12 complete payroll periods of actual service in such position during the fiscal year. Notwithstanding the provisions of this section, where an employee receiving the maximum salary or the maximum salary plus the first additional increment, as the case may be, of the grade of his or her position is appointed or promoted to a position in the next higher salary grade, his or her salary on the first day of the fiscal year on which he or she would otherwise be entitled to the first additional increment of the grade of his or her former position, if he or she had been receiving the maximum salary in his or her former position at the time of such appointment or promotion, or on the first day of the fiscal year on which he or she would otherwise be entitled to the second additional increment of the grade of his or her former position, if he or she had been receiving the maximum salary plus the first additional increment in his or her former position at the time of such appointment or promotion, shall not be less than the salary to which he or she would be entitled if such appointment or promotion occurred on such first day of the fiscal year.
K.
Service credit for temporary and provisional employment. Except as otherwise expressly provided herein, temporary or provisional service shall be treated in the same manner as permanent service for the purpose of this section.
L.
Reallocations; adjustment of salaries.
(1)
When any position allocated to a salary grade in Subsection A of this section is reallocated on or after April 1, 1972, to a higher salary grade other than Grade 38, the annual salary of a then incumbent on the effective date of such reallocation shall be determined as follows:
(a)
If, on the effective date of such reallocation, the annual salary of such incumbent would otherwise, if such reallocation did not occur, be identical with the hiring, first, second, third, fourth, fifth, sixth or seventh year rate of compensation of the lower grade from which such position is reallocated, or a rate of compensation equal to one or two additional increments above the maximum salary of such lower grade, his or her annual salary shall be increased to the corresponding rate of compensation of the higher grade to which such position is reallocated.
(b)
If, on the effective date of such reallocation, the annual salary of such incumbent would otherwise, if such reallocation did not occur, be less than the rate of compensation equal to two additional increments above the maximum salary of the lower grade from which such position is reallocated, and not identical with the hiring, first, second, third, fourth, fifth, sixth or seventh year rate of compensation of such lower grade or with the rate of compensation equal to one additional increment above the maximum salary of such lower grade, his or her annual salary shall be the salary he or she would otherwise receive on the date of such reallocation in such lower grade if such reallocation did not occur plus the difference between the next higher rate of higher grade to which such position is reallocated.
(c)
If, on the effective date of such reallocation, the annual salary of such incumbent would otherwise, if such reallocation did not occur, exceed the rate of compensation equal to two additional increments above the maximum salary of the lower grade from which such position is reallocated, his or her annual salary shall be the annual salary he or she would otherwise receive if such reallocation did not occur plus the difference between such rate of compensation and the corresponding rate of compensation of the higher grade to which his or her position is reallocated, but his or her salary shall not be increased to an amount in excess of the maximum salary of the grade to which his or her position is reallocated plus two additional increments of such grade.
(2)
If an employee has been appointed or promoted from one position allocated to a salary grade in Subsection A of this section to another position allocated to a higher salary grade and his or her former position, on or after April 1, 1972, and within two years after such appointment or promotion, is reallocated to a higher salary grade, the salary of such employee in the second position on the effective date of such reallocation shall not be less than the salary which he or she would otherwise be entitled to receive on such date had such appointment or promotion occurred on such date.
(3)
The provisions of this subsection shall apply to temporary and provisional employees, as well as permanent employees.
(4)
When a position allocated to a salary grade in Subsection A of this section is reclassified to a title allocated to a higher salary grade, and such reclassification represents no substantial change in duties and responsibilities from those associated with the former title, the incumbent thereof may continue to serve in such position without further examination, and his or her salary in his or her new title shall be determined in accordance with the provisions of this subsection.
M.
Status of employees upon transfer of functions. The salary of any employee of a civil division, public authority or other public benefit corporation who, upon transfer of his or her functions to the state, is transferred to a position in the Unified Court System which is allocated to a salary grade, and the salary of any employee of a private institution or enterprise, whose employment is continued in an allocated position pursuant to law upon the acquisition by the Unified Court System of such institution or enterprise, shall be prescribed by the chief administrator of the courts within amounts available thereof, at a rate between the minimum salary of the grade to which the employee's position is allocated and the maximum salary of such grade plus two additional increments; provided, however, that if the salary received by such employee immediately prior to such transfer or entry into service with the Unified Court System was an amount greater than the minimum salary of the grade to which his or her position is allocated and less than the maximum salary of such grade plus two additional increments of such grade, his or her salary as prescribed by the chief administrator shall not exceed the salary received by him or her immediately prior to such transfer or entry. For the purpose of computing future increments, such employee shall be credited with the number of years of service in such position which corresponds with his or her salary as determined pursuant to this subsection.
A.
The present City Court stenographer, who was duly appointed from an eligible list established by the Civil Service Commission of the City of Binghamton, shall continue as City Court stenographer under this act. All further appointments shall be made by the City Judge from the eligible list established as the result of competitive examination by the said Commission.
B.
The stenographer of the Court shall take stenographic notes of the testimony and other proceedings in all cases heard or tried before the Court. Such notes shall be filed with the Clerk (of the City Court), and the stenographer shall furnish a transcript of the same when requested upon payment of the prescribed fees. All stenographic notes and minutes made by the stenographer shall become a part of the records of the Court and belong to the City of Binghamton and shall be retained for a period of at least three years.
C.
The City Judge may appoint a temporary City Court stenographer from time to time in the absence or disability of the regular stenographer.
D.
The stenographer shall receive an annual salary to be fixed by the Council of the City of Binghamton.
E.
A temporary stenographer shall receive such compensation for the period of service as shall be fixed by the Council of the City of Binghamton.
A.
The present constables of the Court shall continue in office until the terms of office for which they were duly appointed respectively shall have expired or unless sooner removed by the Mayor of the City of Binghamton.
B.
As vacancies occur after the effective date of this act, all constables shall be appointed by the City Judge to hold office during the pleasure of the City Judge. The number of constables appointed by the City Judge shall be five or such lesser number as the City Judge shall deem adequate for the work of the Court. The appointment of constables shall be made in writing and filed in the office of the City Clerk of the City of Binghamton.
C.
The constables shall perform in the City Court the same duties as are performed by sheriffs in courts of record and such other duties as they are directed to perform by the Judge. They shall have the same power to serve and execute all process and mandates of the Court within the County of Broome as a sheriff, and all provisions of law relating to the powers, duties and liabilities of the sheriff shall apply to constables so far as the same can be made applicable and are not in conflict with the provisions of this act. The constables shall be employees of the City of Binghamton.
D.
The constables shall receive for the services performed by them the fees prescribed by § 29-31B of this act and such additional compensation as shall be fixed by the Council of the City of Binghamton.
E.
The City Judge shall appoint such other employees as are provided for by the City Council.
Before entering upon the discharge of their official duties, the City Judge, Special City Judge, Acting City Judge, Clerk, temporary Clerk, stenographer and temporary stenographer and constables shall take the oath of office prescribed by law and file the same in the office of the City Clerk.
The City Judge, Special City Judge, Clerk, temporary Clerk and constables, before entering upon the discharge of their official duties, shall each execute and file in the office of the City Clerk a bond, in an amount fixed by the Council of the City of Binghamton, to be approved by the Mayor and conditioned that they will faithfully perform the duties of their respective offices and fully account and pay over all money received by them in the performance of their duties.
The Court shall have an Official Seal to be furnished by the City, upon which shall be engraved thereon the words, "City Court of Binghamton, N.Y. Seal."
The Council of the City of Binghamton shall provide suitable rooms, light, heat, furniture, and necessary books and supplies for the use of the Court and shall provide for the payment of the salary and compensation of the judges and employees of the Court, and for whatever else may be necessary for the transaction of the business of the Court. In default of such provisions or any of them being made by the Council, any Justice of the Supreme Court residing in the Sixth Judicial District of the state is authorized, upon the application of the City Judge showing such default, to make such provisions by an order which shall have the same effect as though the directions contained therein had been made by the Council, and the expense thereof shall be a City charge.