The City Court of the City of Port Jervis is continued under
this Charter, and shall be known as the "City Court of Port Jervis."
It shall be an inferior local court of civil and criminal jurisdiction.
For the purposes of this Article, the following terms shall
have the meanings indicated:
CITY
The City of Port Jervis.
CLERK
Includes the Clerk, Deputy Clerk or Assistant Clerk of the
Court.
COURT
The City Court or one (1) of the Judges thereof.
JUDGE
Includes the City Judge or Acting City Judge.
MAYOR
The Mayor of the City of Port Jervis.
RULES
The rules adopted pursuant to Section 2103 of the Uniform
City Court Act, as amended from time to time, supplemented and in
effect.
The Court shall consist of a City Judge and an Acting City Judge.
The Acting City Judge shall possess all of the qualifications, have
all the powers and perform all of the duties of the City Judge whenever
such Judge is absent, disqualified or unable to act.
The sessions of the City Court shall be held by the City Judge
or, in the cases provided for herein, by the Acting City Judge.
During the absence of the City Judge from the city, or his disability
or inability to act, or if he is incapable to act for the reasons
given by Section 14 of the Judiciary Law, or if he deems himself disqualified
to act because of his professional relations with any party or counsel
to an action or special proceeding pending before the Court, the City
Judge must make, and file with the Clerk of the City Court, a certificate
to that effect, and thereupon the Acting City Judge, if not also disqualified,
must act as Judge in such action or proceeding, and if disqualified,
then the action or special proceeding shall by an order of the appropriate
court be removed to the County Court of Orange County. In all actions
or proceedings so transferred to the Acting City Judge, the Acting
City Judge shall exercise all the authority and perform all the duties
of the City Judge. In the case of the disability of the City Judge
to an extent rendering him unable to file such certificate, said Acting
City Judge may then act without such certificate.
The City Court and City Judge of the City of Port Jervis shall
have and exercise such powers and civil and criminal jurisdiction
as may be granted by, and be subject to all other provisions of, the
Uniform City Court Act, being Chapter 497 of the Laws of 1964, as
amended from time to time, supplemented and in effect, and by such
other laws and rules and regulations as now are or may hereafter be
in effect.
A party to an action or proceeding before the City Court or
the City Judge may prosecute or defend the same person, or by attorney
duly licensed to practice as an attorney and counselor at law, or
by his guardian or committee if an infant or incompetent; but a person
not interested in the subject matter in dispute and who is not an
attorney and counselor at law shall not be permitted to prosecute
or defend in any such action or proceeding, unless the City Judge,
for cause shown, shall first make and enter in his minutes an order
granting leave to do so.
The Common Council shall appoint a Clerk, Stenographer and such
other employees as may be provided by the Common Council. The City
Judge shall supervise the employees and the Common Council may remove
any employee for cause as provided by law.
Whenever it shall be necessary in the conduct of any trial or
proceeding before the City Court or the City Judge to interpret a
foreign language, the City Judge is authorized to employ a suitable
person as interpreter. Claims for such services shall be presented
to and audited by the Common Council, and paid as other claims against
the city.
The Common Council shall provide suitable rooms, light, heat,
furnishings and necessary books and supplies for the use of the Court,
and shall provide for the payment of the salaries and compensation
of the Judges and employees of the Court, and for whatever may be
necessary for the transaction of its business.
The City Court shall be open for the transaction of business
on such days and at such hours as may be designated by the City Judge.