[1964 Charter Laws, § 4-2; N.Y. Laws 1966, ch.
443, § 2]
The short title of this article shall be the Utica City Court
Act.
[1964 Charter Laws, § 4-1; N.Y. Laws 1966, ch.
443, § 1]
The City Court of Utica as constituted in this article shall
be continued as a court of record.
[1964 Charter Laws, § 4-4; N.Y. Laws 1966, ch.
443, § 4; N.Y. Laws 1969, ch. 332, § 1]
The Judges of the City Court shall be elected in the same manner
as other City officials are elected, and the person or persons so
elected shall take office on the January 1 following such election.
Judges shall be elected for a term of 10 years at the next general
election in the year of the completion of the term of each such Judge.
The total number of Judges shall be three.
[1964 Charter Laws, § 4-5; N.Y. Laws 1966, ch.
443, § 5]
No one shall be eligible to the office of Judge of the City
Court unless he is a resident elector of the City and has been an
attorney at law admitted to practice before the Supreme Court of the
state for at least 10 years. No person shall hold the office of judge
after the last day of December next following the person's 70th birthday.
Before entering upon the duties of office, each judge shall take and
file with the City Clerk the oath of office prescribed by the Constitution.
A person elected as Judge must, within 10 days after entering upon
the duties of the office, make and sign a certificate, stating the
person's age, and the time when the person's official term will expire,
either by completion of a full term, or by reason of the disability
of age, prescribed in this section, which certificate must be filed
with the City Clerk of the City. During the Judge's term of office
the Judge may not:
(1)
Hold any other public office or trust except member of a constitutional
convention or member of the Armed Forces of the United States or of
the state in which latter event the Legislature may enact such legislation
as it deems appropriate to provide for a temporary judge to serve
during the period of the absence of such Judge in the armed forces.
(2)
Be eligible to be a candidate for any public office other than judicial
office or member of a constitutional convention, unless without resigning.
If a Judge does not so resign judicial office within 10 days after
acceptance of the nomination for such other office, the judicial office
shall become vacant and the vacancy shall be filled in the manner
provided in this article.
(3)
Hold any office or assume the duties or exercise the powers of any
office of any political organization or be a member of any governing
or executive agency thereof.
(4)
Engage in the practice of law, act as an arbitrator, referee or compensated
mediator in any action or proceeding or matter or engage in the conduct
of any other profession or business which interferes with the performance
of judicial duties.
[1964 Charter Laws, § 4-7; N.Y. Laws 1966, ch.
443, § 9]
A vacancy in the office of City Judge, occurring otherwise than
by expiration of term, shall be filled for a full term of 10 years
at the next general election held not less than 30 days after such
vacancy occurs. Until the vacancy is so filled, the Mayor shall fill
such vacancy by appointment which shall continue through December
31 next after the election at which the vacancy is filled.
[1964 Charter Laws, § 4-8; N.Y. Laws 1966, ch.
443, § 10]
In the case of disability or absence of a City Judge, the Mayor
may designate in writing a resident elector of the City who is an
attorney at law having been admitted to practice before the Supreme
Court of the state for at least 10 years, to be known as an acting
judge of the City Court. An acting judge shall perform the duties
of Judge until the disability or absence is cured.
[1964 Charter Laws, § 4-9; N.Y. Laws 1966, ch.
443, § 11]
A City Judge and an Acting Judge shall each possess all the
powers and jurisdiction in all actions, suits and proceedings which
are conferred upon the Court by this article, and by the Uniform City
Court Act and have the power to solemnize the rites of marriage.
[1964 Charter Laws, § 4-10; N.Y. Laws 1966, ch.
443, § 12]
The Justices of the Appellate Division, Fourth Department, may
appoint the Chief Judge of the City Court from the Judges of the City
Court. The Chief Judge, in addition to the exercise of all the other
powers of a Judge of the Court, shall supervise the business of the
Court. The Chief Judge shall determine the number of parts, civil
and criminal, into which the Court shall be divided and shall assign
the Judges and Acting Judges to duty in the several parts of the Court.
The Chief Judge shall prescribe the terms of Court, hours for the
opening and closing of the various parts of the Court and for the
attendance of the Judges and Acting Judges, clerks and attendants.
The Chief Judge shall supervise the preparation of the calendar for
cases for trial and shall make such classification and distribution
of the same upon the different calendars. The Chief Judge shall supervise
the keeping of the records of the Court. The powers and duties of
the Chief Judge shall be subject to such regulation as the Justices
of the Appellate Division of the Fourth Department shall prescribe.
The Justices of such Appellate Division shall also approve the schedule
of assignments of the Court.
[1964 Charter Laws, § 4-11; N.Y. Laws 1966, ch.
443, § 13]
The Chief Judge shall appoint a Chief Clerk and such other employees,
including deputy clerks, court attendants, stenographers and marshals.
The Chief Judge shall supervise such employees and they shall serve
at the pleasure of the Chief Judge, except as otherwise provided by
law.
[1964 Charter Laws, § 4-15; N.Y. Laws 1966, ch.
443, § 17]
In addition to the duties prescribed in this article, the officers
and employees of the City Court shall perform such other duties as
they are directed to perform by the Chief Judge.
[1964 Charter Laws, § 4-16; N.Y. Laws 1966, ch.
443, § 18]
The Common Council shall provide suitable rooms, light, heat,
furnishings, necessary books and supplies for the use of the City
Court.
[1964 Charter Laws, § 4-22; N.Y. Laws 1966, ch.
443, § 24]
All orders, papers, undertakings and judgment rolls in actions
and proceedings in the City Court, required by statute or rule to
be filed, shall be filed in the office of the Clerk of the Court.
[1964 Charter Laws, § 4-23; N.Y. Laws 1966, ch.
443, § 25]
The District Attorney of the county shall designate to each
criminal and traffic part of the City Court an assistant district
attorney to be in attendance during sessions of the parts, who shall
be the prosecuting attorneys of the Court. They shall, with the aid
of the Chief of Police and the Police Department, have charge of all
prosecutions on the part of the people in all matters prosecuted in
court. Parties, however, may appear in person or by their own counsel,
but the assistants may conduct the prosecution in criminal cases where
directed by the court to do so, or at any time when they may deem
it their duty to conduct the same. In case of the absence of a prosecuting
attorney, an assistant attorney designated by the District Attorney
shall perform the duties of the office until the prosecuting attorney
returns, the prosecuting attorney's disability ceases or the vacancy
is filled.
[1964 Charter Laws, § 4-24; N.Y. Laws 1966, ch.
443, § 26]
Upon the trial of an action or proceeding, the City Court may,
in its discretion, appoint a competent person to act as interpreter
for a witness in such action or proceeding. The interpreter shall
be duly sworn and be entitled to the compensation fixed by the Judge
in a sum not to exceed $25 per day, to be paid by the party in whose
behalf the witness is called. The amount paid to the interpreter by
the successful party to the action may be taxed as costs and recovered
in the action.
[1964 Charter Laws, § 4-25; N.Y. Laws 1966, ch.
443, § 27]
The county probation officer shall designate such assistant
probation officers to the City Court who shall act as probation officers
of the Court.
