[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 2-3-2003 by L.L. No. 4-2003. Amendments noted where applicable.]
The Board of Trustees of the Village of Baxter Estates has determined that it will further the health, safety, and welfare of the residents of the Village for the Village to have its own Justice Court to adjudicate local traffic, criminal and building and zoning matters. The Board of Trustees has determined that the creation of the office of Village Justice, with one Village Justice to be elected and the other to be appointed as Acting Village Justice in the absence of the Village Justice, will be sufficient to meet the needs for local law enforcement.
Pursuant to Village Law § 3-301, Subdivision 2a, the Village of Baxter Estates does hereby create the office of Village Justice.
There shall be one elected Village Justice for the Village of Baxter Estates. The Mayor shall appoint, subject to Board approval, a person to act as Acting Village Justice in the absence or inability to serve of the elected Village Justice.
The Office of Village Justice shall be filled at election for a four-year term in accordance with § 3-302, Subdivision 3, of the Village Law. The Acting Village Justice position shall be appointed at the annual meeting of the Board of Trustees following the yearly Village elections and shall be for a one-year term.
All Village Justices for the Village of Baxter Estates shall be required to meet all eligibility requirements of § 3-300 of the Village Law, the Election Law, the Uniform Justice Court Act, rules of the Office of Court Administration, the Public Officers Law, and any other law, rule or regulation of the State of New York pertaining to the office. The Village Justice of the Village of Baxter Estates shall be a resident of the Village. The Acting Village Justice need not be a resident of the Village, but must be a resident of the County of Nassau.
The Village Justice and Acting Village Justice of the Village of Baxter Estates shall be empowered and have all the rights and duties as authorized by law for all other Village Justices and Acting Village Justices within the State of New York in accordance with all state laws, rules and regulations pertaining to same.
Compensation for the Village Justice and Acting Village Justice, if any, shall be established from time to time by the Board of Trustees of the Village of Baxter Estates during its budget process. The Village Justice and Acting Village Justice may serve without compensation, if none is authorized by the Board of Trustees.