[Amended by L. 1962, c. 811; L. 1963, c. 570; L. 1965, c.
448]
There shall be a district court system established in the areas
of the County of Suffolk as herein provided. The Suffolk County District
Court shall be an inferior court, and the judges thereof shall have
the civil and criminal jurisdiction prescribed hereinafter. Such court
shall not be a court of record.
The district court system of Suffolk County shall be established
on the first day of January next succeeding one year from the general
election at which at least three contiguous towns, by a majority vote
cast in each such town, elect to participate in and become a part
of such County district court system. The election of any such town
shall be irrevocable. The Town of Shelter Island shall be deemed to
be contiguous to the Towns of Southold, Southampton and East Hampton.
Once the district court system of Suffolk County has been created,
any town contiguous to such district may thereafter elect at a general
election to become part of the district court system, which referendum
shall be initiated by town board resolution, and upon making such
election by the majority vote of the electors of such town, such town
shall become irrevocably a part of the County district court system
on the first day of January of the second year following such election.
[Amended 9-6-1968 by L.L. No. 13-1968; L. 1990, c. 209;
L. 1990, c. 339]
The County district court system shall be divided into judicial
districts as follows: The entire district court system shall constitute
the First Judicial District in which one district court judge shall
be elected. Each town electing to become part of the district court
system, including the three or more towns establishing the system,
shall constitute another judicial district, provided, however, that
any two or more contiguous towns electing to become part of the district
court system which have a combined total population of less than 60,000
according to the last census shall constitute one judicial district,
but provided further that if any of such towns shall thereafter attain
a population greater than 30,000, such town shall constitute another
judicial district. In each judicial district there shall be elected
one district court judge. The supervisors elected in the towns comprising
the First Judicial District may, upon the recommendation of the board
of judges of the district courts, increase the number of judges in
all or any one of the districts, provided that such new judicial post
or posts shall be filled for a full term at the next general election
held not less than three months after the creation thereof. For the
purpose of electing such judges and for the purpose of determining
the boundaries of such districts, any city hereafter created from
the territory of any town shall be considered to be part of that town.
Notwithstanding any provision herein, the number of judges of
the district court of the County shall be increased by one, making
a total of 24 judges for such court. This additional judge shall be
elected in the Fifth Judicial District.
A.
No one shall be eligible to the office of judge unless he is a resident
elector in the district for which he shall be elected or appointed
and shall have been admitted to practice law in this state at least
five years.
B.
No judge shall engage in the practice of the law or hold any other
public office in the County. Each judge shall devote his whole time
and capacity to the duties of his office. Before entering upon his
duties, each judge elected or appointed pursuant to this article shall
take and file with the County Clerk the oath of office prescribed
by the Constitution. The judges may, by virtue of their offices, administer
oaths, take depositions and acknowledgments within the County and
certify the same in the same manner and with like effect as judges
of courts of record.
[Added by L. 1994, c. 283; § 2405]
The justices of the village courts in villages within the First
Judicial District shall have such jurisdiction of criminal matters
as is prescribed by the Criminal Procedure Law.
The salary of the President of the Board of Judges shall be
$20,000 a year, and the salary of each other judge shall be $17,500
a year, and such salaries shall be a charge against the First Judicial
District.
A.
The judges of said court shall constitute the Board of Judges of
the County. The Judge elected from the First District shall be the
President. The meetings of the Board shall be public, except when
such Board shall be in executive session, and, so far as is practicable,
shall be held at regular intervals, and all its proceedings shall
be recorded by its Secretary and shall be preserved. A majority of
the members of the Board shall constitute a quorum. The Board may
by resolution provide for the conduct of its meetings, the keeping
and preservation of its minutes and the public inspection thereof
at reasonable times; for the order of judicial business, the manner
of its discharge and the maintenance of order in and about the courts;
for the establishment of parts of the court; and for the assignment
of judges to hold the several parts so established.
B.
The Board of Judges shall designate the number and general location
of the places, one or more for each judge, in which court shall be
held in each district. The President of the Board of Judges shall
preside and shall be entitled to vote at all meetings of the Board.
In addition to all the powers of a member of the Board, he shall exercise
general supervision of the business of the court and have such other
powers as may be conferred by resolution of the Board. He shall, whenever
he deems it necessary for the prompt disposition of business, assign
any judge temporarily to hold court in any district in the County,
other than that in which he had been assigned by the Board, and he
may transfer cases for trial or for all purposes from one district
to another. The acts or directions of the President of the Board of
Judges may be vacated, amended or modified by a two-thirds vote of
the members at a regular or special meeting of the Board.
C.
The Board of Judges shall designate a clerk of the court to act as
Secretary of the Board and from time to time substitute another. Such
Secretary shall serve without additional compensation. All necessary
disbursements of the Board of Judges and the Secretary thereof shall
be a charge against the First Judicial District and paid as other
district charges.
[Amended 9-6-1968 by L.L. No. 13-1968]
The judges of the court shall have access to and possession
of the courtrooms and court offices and other places provided by the
First Judicial District for the transaction of the business of the
District Court. It shall be an obligation of the First Judicial District
to supply and pay for whatever may be necessary for the transaction
of the business of said court and the judges thereof and to supply
all proper accommodations, books, stationery and furniture and to
pay all salaries, compensation and expenses and disbursements herein
authorized; and the proper County authorities shall annually include
in the County budget, chargeable only to the First Judicial District,
such sums as may be necessary to pay the same. Only the County Legislators
whose legislative districts are wholly or partly within the First
Judicial District shall be eligible to vote upon the District Court
budget. All fees and other revenue of the district court system shall
be credited to the First Judicial District.
It shall be the duty of the First Judicial District to provide
suitable places for holding court in accordance with the designation
made by the Board of Judges as hereinbefore provided. The judges assigned
by the Board shall hold court in one or more parts in each district
as established and on such days as fixed by said Board and at places
provided by the First Judicial District or, in the event of failure
to provide such places, at any places designated by the Board of Judges.
During the months of July and August at least one part of the court
in each district shall be in session at least three days in each week
to hear civil and criminal cases and shall try summary proceedings,
actions for wages and, on good cause shown, other actions where the
rights of the parties may be jeopardized by delay and such other actions
as the court may deem proper to be tried, and except for illness,
each judge shall be available for service as assigned by the Board
of Judges during 11 months of the year. The President of the Board
of Judges shall assign any judge or judges of the District Court to
perform without additional compensation the duties of Acting Police
Justice in any village within the First Judicial District upon the
request of the board of trustees thereof.
A.
The Board of Judges shall have the power to provide, by resolution,
a procedure to govern the payment of fines by any person accused of
violating any provision of any law, ordinance, rule or regulation
relating to vehicular or pedestrian traffic, without appearing in
person, except in cases of speeding, reckless driving, leaving a scene
of an accident or any charge of a misdemeanor or felony or any charge
which may for reasons of public policy require the personal appearance
of the accused, for such period of time as shall be deemed in the
public interest; to fix the fine to be paid in each class of case
within the minimum and maximum amount set by law, ordinance, rule
or regulation; to designate the place or places where such fines may
be paid; to prescribe the form of the summonses to be used and the
manner in which the plea of guilty shall be made; and the manner in
which the money shall be paid.
B.
Such procedure may provide that any person pleading "guilty," or
that a person pleading "not guilty" and asking that a day be set for
trial, may do so through a representative or by mail and may further
provide that the clerk of the court set such day for trial.
C.
No resolution providing such procedure shall be effective until a
certified copy thereof shall have been filed with the County Clerk.
D.
Whenever any summons is issued involving a provision of any law,
ordinance, rule or regulation relating to motor vehicle parking and
the procedure for such violation is provided under this section, the
member of the police force or any other peace officer serving said
summons, in lieu of inserting in the summons the name of the person
summoned, may insert therein, in the space provided for the insertion
of the name of the person summoned, the words "registered owner of
motor vehicle bearing license," said words to be followed by the license
designation or identification as shown by the license plates on said
motor vehicle parked in violation of the law, ordinance, rule or regulation
as aforesaid; and said summons may be served upon said registered
owner by a member of the police force or other peace officer by affixing
the summons to said motor vehicle in some conspicuous place where
it is likely to be seen by an operator thereof. An operator of the
motor vehicle, for the purposes of this section, if not the owner
thereof, shall be deemed to be the agent of such registered owner
to receive said summons served in the manner aforesaid; and service
made in the manner provided shall be deemed to be lawful service upon
the registered owner of the motor vehicle to which the summons is
affixed. For the purpose of the service of the summons as herein provided,
the registration records of the Motor Vehicle Department of the state
in which the motor vehicle is registered shall be conclusive evidence
as to the registered owner of the motor vehicle. When a summons is
issued and served as authorized in this section, the information sworn
to may charge the violation in the same manner and any further proceedings
authorized in this section may be had and recorded in the name of
the "registered owner of motor vehicle bearing license," said words
to be followed by the license designation or identification as shown
by the license plates.
The court in each district shall have an official seal on which
shall be engraved the arms of the State of New York, the name of the
court, the County and the district. Seals shall be furnished at the
expense of the First Judicial District.
The Board of Judges shall appoint one court clerk for each judicial
district and, subject to the applicable civil service laws, such additional
court clerks, deputy court clerks, stenographers and other assistants
and employees in the clerk's office as may be necessary. Court clerks
and deputy court clerks shall, at the time of their appointments,
be residents of the districts for which they are appointed, and removal
of any of them from the district for which he was appointed shall
vacate the office. All the officers and employees provided by this
section shall receive compensation to be fixed by the members of the
County Legislature from the towns[1] comprising the First Judicial District, which salaries,
together with other expenses of their offices, as provided by the
annual budget, shall be a charge against the First Judicial District.
Any court clerk or deputy court clerk may be removed by the Board
of Judges for cause, provided that written charges are first filed
with the Board of Judges and that such court clerk or deputy court
clerk be given due notice thereof and be afforded an opportunity to
be heard; and the President of the Board of Judges may, in his discretion,
suspend such court clerk or deputy court clerk from the performance
of his official duties pending a hearing upon the charges. Upon charges
being preferred against a court clerk or deputy court clerk by a judge
of the District Court, the Board of Judges shall forthwith cause notice
of suspension of such court clerk or deputy court clerk to be served
upon him, and such court clerk or deputy court clerk shall thereupon
remain suspended until the hearing and determination of the charges.
[1]
Editor's Note: The reference to the "County Legislature" in
this sentence was changed from "Board of Supervisors" pursuant to
L.L. No. 13-1968. It would appear that the following reference to
"towns" should be to "legislative districts," although no legislation
has effected such a change.
The court clerk in each district shall:
A.
Exercise the powers conferred and perform the duties imposed upon
him by this Act and the rules and resolutions of the Board of Judges
and those usually appertaining to his offices and, in the exercise
of such powers and the performance of such duties, conform to the
direction of the court.
B.
Keep the seal of the court and affix it to such papers and documents
as he may be required to certify.
C.
Keep a docket book in such manner as the rules may prescribe, and
all other records and proceedings of the court, and act as custodian
of all documents, books and records.
D.
Keep the office open for the transaction of business during the hours
designated by the rules and resolutions of the Board of Judges.
E.
Attend the sittings of the court, administer oaths and take acknowledgments
in the same manner and with like effect as clerks in courts of record,
receive verdicts of juries and, in a proper case, adjourn causes or,
when no judge appears, adjourn causes to the next judicial day. Deputy
court clerks and clerks other than the court clerk shall have like
power and authority by designation of the President of the Board of
Judges.
F.
Assume charge and control of, and be responsible for, the general
conduct of the business of his office and for the faithful discharge
of the duties of deputy and assistant clerks and other officers connected
with the court.
G.
Collect and receive all the fees and account for and pay the same
into the County treasury at such times as the County Comptroller may
prescribe, which account shall contain the title of each case and
the amount of fees received therein; and the salary of such clerk
shall not be paid until he shall have so accounted and paid. He shall
perform no service until he shall have received the legal fees therefor.
[Amended 6-17-2014 by L.L. No. 32-2014]
H.
Deliver to his successor in office the official seal and all papers,
books and records on file in his office.
