§ 374 — Traffic prosecutor selection and oversight

§ 374. Traffic prosecutor selection and oversight. (a) The executive\ndirector of the Nassau county traffic and parking violations agency, and\nthe executive director of the Suffolk county traffic and parking\nviolations agency, appointed pursuant to subdivision (b) of this\nsection, shall select and may contract with or hire one or more persons\nwho are attorneys, duly admitted to the practice of law in New York\nstate for the prosecution of any traffic and parking infraction, except\nthose described in paragraphs (a), (b), (c), (d), (e) and (f) of\nsubdivision two of section three hundred seventy-one of this article, to\nbe heard, tried or otherwise disposed of by the district court of Nassau\ncounty in the case of an attorney selected by the Nassau county\nexecutive director, or by the district court of Suffolk county, in the\ncase of an attorney selected by the Suffolk county executive director.\nSuch persons shall be known as "traffic prosecutors", as that term is\ndefined in section three hundred seventy-a of this article. Traffic\nprosecutors shall have the same power as a district attorney would\notherwise have in the prosecution of any traffic or parking infraction\nwhich may, pursuant to the jurisdictional provisions of section three\nhundred seventy-one of this article, be prosecuted before the district\ncourt of Nassau county or the district court of Suffolk county, if the\ntraffic violation occurred in Suffolk county. The executive director\nshall give active consideration to requiring that such traffic\nprosecutors serve on a full-time basis. Traffic prosecutors are\nprohibited from appearing in any capacity other than as a traffic\nprosecutor in any part of the Nassau county district court or the\nSuffolk county district court, if the traffic violation occurred in\nSuffolk county on any matter relating to traffic or parking violations\nand are further prohibited from appearing in any capacity other than as\na traffic prosecutor in any other court or administrative tribunal on\nany matter relating to traffic or parking violations.\n (b) The county executive of the county of Nassau shall appoint a\nperson to serve as the executive director of the Nassau county traffic\nand parking violations agency subject to the confirmation of the county\nlegislature of the county of Nassau. The county executive of the county\nof Suffolk shall appoint a person to serve as the executive director of\nthe Suffolk county traffic and parking violations agency subject to the\nconfirmation of the county legislature of the county of Suffolk. The\nexecutive director shall be responsible for the oversight and\nadministration of the agency. The executive director of Nassau county is\nprohibited from appearing in any capacity in any part of the Nassau\ncounty district court and the executive director of Suffolk county is\nprohibited from appearing in any capacity in any part of the Suffolk\ncounty district court on any matter relating to traffic or parking\nviolations and is further prohibited from appearing in any capacity in\nany other court or administrative tribunal on any matter relating to\ntraffic or parking violations.\n (c) It shall be a misdemeanor for the executive director, any traffic\nprosecutor or any judicial hearing officer assigned to hear traffic or\nparking violations cases pursuant to section one thousand six hundred\nninety of the vehicle and traffic law to establish any quota of traffic\nviolation convictions which must be obtained by any traffic prosecutor\nor judicial hearing officer. Nothing contained herein shall prohibit the\ntaking of any job action against a traffic prosecutor or judicial\nhearing officer for failure to satisfactorily perform such prosecutor's\nor officer's job assignment except that the employment productivity of\nsuch prosecutor or officer shall not be measured by the attainment or\nnonattainment of any conviction quota. For the purposes of this section\na conviction quota shall mean a specific number of convictions which\nmust be obtained within a specific time period.\n (d) The legislature of the county of Nassau may appropriate those\nmonies which, in the legislature's sole discretion, are necessary for\nthe compensation of those persons selected to serve as executive\ndirector and traffic prosecutors and to cover all other expenses\nassociated with the administration of the Nassau county traffic and\nparking violations agency.\n (e) The legislature of the county of Suffolk may appropriate those\nmonies which, in the legislature's sole discretion, are necessary for\nthe compensation of those persons selected to serve as executive\ndirector and traffic prosecutors and to cover all other expenses\nassociated with the administration of the Suffolk county traffic and\nparking violations agency.\n