§ 2104 — Organization of city courts

New York § 2104

• Jurisdiction: New York
• Law UCT: Uniform City Court Act
• Art. 21: General

Text

§ 2104. Organization of city courts.\n (a) The number of judges for each city court outside the city of New\nYork, their jurisdiction and terms of office, and the methods of their\nselection and of filling vacancies in their offices shall be as provided\nin this section.\n (b) Each judge of a city court, including acting city court judges,\nshall:\n * (1) be an attorney admitted to practice law in this state for at\nleast five years as of the date he or she commences the duties of\noffice, and be a resident of the city in which he or she is elected or\nappointed, except that the judges of the Sherrill city court may reside\nanywhere in either Oneida or Madison counties, the city court judge who\nserves in the office that formerly was that of acting judge of the\nOneida city court may reside anywhere in Madison county, the judges of\nthe Peekskill city court may reside anywhere in Westchester county, the\ncity court judge who serves in the office that formerly was that of\nacting judge of the Port Jervis city court may reside anywhere in either\nSullivan or Orange counties, the judges of the Hudson city court may\nreside anywhere in Columbia county, the city court judge who serves in\nthe office that formerly was that of acting judge of the Mechanicville\ncity court may reside anywhere in Saratoga county, the judges of the\nOgdensburg city court may reside anywhere in St. Lawrence county, the\njudges of the Rensselaer city court may reside anywhere in Rensselaer\ncounty, the part-time judge of the Lackawanna city court may reside\nanywhere in Erie county provided his or her term of office commenced\nduring the two thousand eighteen calendar year and one judge of the\nCohoes city court and the city court judge who serves in the office that\nformerly was that of acting judge of the Watervliet city court may\nreside anywhere in Albany county.\n * NB Effective until the day the term of office of the first part-time\njudge of the Lackawanna city court to be appointed during the 2018\ncalendar year expires or on the day such judge otherwise vacates his or\nher office, whichever occurs first\n * (1) be an attorney admitted to practice law in this state for at\nleast five years as of the date he or she commences the duties of\noffice, and be a resident of the city in which he or she is elected or\nappointed, except that the judges of the Sherrill city court may reside\nanywhere in either Oneida or Madison counties, the city court judge who\nserves in the office that formerly was that of acting judge of the\nOneida city court may reside anywhere in Madison county, the judges of\nthe Peekskill city court may reside anywhere in Westchester county, the\ncity court judge who serves in the office that formerly was that of\nacting judge of the Port Jervis city court may reside anywhere in either\nSullivan or Orange counties, the judges of the Hudson city court may\nreside anywhere in Columbia county, the city court judge who serves in\nthe office that formerly was that of acting judge of the Mechanicville\ncity court may reside anywhere in Saratoga county, the judges of the\nOgdensburg city court may reside anywhere in St. Lawrence county, the\njudges of the Rensselaer city court may reside anywhere in Rensselaer\ncounty and one judge of the Cohoes city court and the city court judge\nwho serves in the office that formerly was that of acting judge of the\nWatervliet city court may reside anywhere in Albany county.\n * NB Effective the day the term of office of the first part-time judge\nof the Lackawanna city court to be appointed during the 2018 calendar\nyear expires or on the day such judge otherwise vacates his or her\noffice, whichever occurs first\n (2) exercise all jurisdiction possessed by the court on which he or\nshe serves.\n (3) serve a term of six years, except that full-time judges each shall\nserve a term of ten years.\n (c) A full-time judge of a city court shall not engage in the practice\nof law, act as an arbitrator, referee, or compensated mediator in any\naction or proceeding, or engage in the conduct of any other professional\nbusiness that interferes with the performance of his or her judicial\nduties.\n (d) The number of judges of the city court in each city shall be as\nprovided herein. Full-time judgeships are specifically so designated,\nall others are part-time:\n Par. Name of city\n 1 Albany, five full-time;\n 2 Amsterdam, one full-time and one part-time;\n 3 Auburn, one full-time and one part-time;\n 4 Batavia, one full-time and one part-time;\n 5 Beacon, one full-time and one part-time;\n 6 Binghamton, three full-time;\n 7 Buffalo, fourteen full-time;\n 8 Canandaigua, one full-time and one part-time;\n 9 Cohoes, two;\n 10 Corning, one full-time and one part-time;\n 11 Cortland, one full-time and one part-time;\n 12 Dunkirk, one full-time and one part-time;\n 13 Elmira, two full-time;\n 14 Fulton, one full-time and one part-time;\n 15 Geneva, three;\n 16 Glen Cove, two;\n 17 Glens Falls, one full-time and one part-time;\n 18 Gloversville, one full-time and one part-time;\n 19 Hornell, two;\n 20 Hudson, two;\n 21 Ithaca, two full-time;\n 22 Jamestown, two full-time;\n 23 Johnstown, two;\n 24 Kingston, two full-time;\n 25 Lackawanna, one full-time and one part-time;\n 26 Little Falls, two;\n 27 Lockport, two full-time;\n 28 Long Beach, two full-time;\n 29 Mechanicville, two;\n 30 Middletown, two full-time;\n 31 Mount Vernon, three full-time and one part-time;\n 32 Newburgh, three full-time;\n 33 New Rochelle, three full-time;\n 34 Niagara Falls, four full-time;\n 35 North Tonawanda, one full-time and one part-time;\n 36 Norwich, one full-time and one part-time;\n 37 Ogdensburg, one full-time and one part-time;\n 38 Olean, one full-time and one part-time;\n 39 Oneida, one full-time and one part-time;\n 40 Oneonta, two;\n 41 Oswego, one full-time and one part-time;\n 42 Peekskill, one full-time and one part-time;\n 43 Plattsburgh, one full-time and one part-time;\n 44 Port Jervis, two;\n 45 Poughkeepsie, two full-time;\n 46 Rensselaer, two;\n 47 Rochester, ten full-time;\n 48 Rome, two full-time;\n 49 Rye, one full-time and one part-time;\n 50 Salamanca, two;\n 51 Saratoga Springs, two full-time;\n 52 Schenectady, four full-time;\n 53 Sherrill, one;\n 54 Syracuse, nine full-time;\n 55 Tonawanda, one full-time and one part-time;\n 56 Troy, two full-time and one part-time;\n 57 Utica, three full-time;\n 58 Watertown, one full-time and one part-time;\n 59 Watervliet, two;\n 60 White Plains, four full-time;\n 61 Yonkers, seven full-time.\n (e) Method of selection; vacancies. (1) Each judge of a city court\nshall be elected for the term provided in this section, except that each\nof the following judges shall be appointed:\n (i) by the mayor of the city for which the court on which he or she\nwill serve has been established, with the advice and consent of the city\ncouncil: part-time city court judge of Beacon, part-time city court\njudge of Corning, part-time city court judge of Cortland, part-time city\ncourt judge of Gloversville, city court judge of Glen Cove who serves in\nthe office that on June first, two thousand one was an appointive office\npursuant to this subparagraph, part-time city court judge of Olean, city\ncourt judges of Plattsburgh, city court judge of Port Jervis who serves\nin the office that formerly was that of acting city court judge of Port\nJervis, city court judges of Rye, the city court judge of Salamanca who\nserves in the office that formerly was that of acting city court judge\nof Salamanca, and the part-time city court judge of Watertown who serves\nin the office that was full-time on March thirty-first, two thousand\ntwenty-one.\n (ii) by the city council of the city for which the court on which he\nor she will serve has been established: part-time city court judge of\nAuburn, part-time city court judge of Batavia, part-time city court\njudge of Canandaigua, city court judge of Johnstown who serves in the\noffice that formerly was that of acting city court judge of Johnstown,\ncity court judge of Newburgh who serves in the office that on March\nthirty-first, two thousand one was part-time, city court judge of\nNorwich who serves in the office that was created during the calendar\nyear commencing January first, two thousand thirteen, city court judges\nof Peekskill, and city court judges of White Plains.\n (iii) by the mayor of the city for which the court on which he or she\nwill serve has been established: city court judges of Cohoes, part-time\ncity court judge of Dunkirk, part-time city court judge of Fulton, city\ncourt judge of Geneva who serves in the office that formerly was that of\nacting city court judge of Geneva, city court judge of Hornell who\nserves in the office that formerly was that of acting city court judge\nof Hornell, city court judge of Hudson who serves in the office that\nformerly was that of acting city court judge of Hudson, part-time city\ncourt judge of Lackawanna, city court judge of Little Falls who serves\nin the office that formerly was that of acting city court judge of\nLittle Falls, city court judge of Mechanicville who serves in the office\nthat formerly was that of acting city court judge of Mechanicville, city\ncourt judge of Middletown who serves in the office that was created\nduring the calendar year commencing January first, two thousand\nthirteen, part-time city court judge of Mount Vernon, city court judge\nof New Rochelle who serves in the office that was created during the\ncalendar year commencing January first, two thousand thirteen and the\ncity court judge of such city who serves in the office that on January\nfirst, two thousand thirteen was an appointive office pursuant to this\nsubparagraph, part-time city court judge of North Tonawanda, part-time\ncity court judge of Ogdensburg, part-time city court judge of Oneida,\ncity court judge of Oneonta who serves in the office that formerly was\nthat of acting city court judge of Oneonta, part-time city court judge\nof Oswego, city court judges of Poughkeepsie, city court judge of\nRensselaer who serves in the office that formerly was that of acting\ncity court judge of Rensselaer, city court judge of Saratoga Springs who\nserves in the office that was created during the calendar year\ncommencing January first, two thousand thirteen, part-time city court\njudge of Tonawanda and city court judge of Watervliet who serves in the\noffice that formerly was that of acting city court judge of Watervliet.\nProvided, however, the following special provisions shall be applicable\nin the city of Poughkeepsie:\n (A) except as otherwise provided in clause (B) of this subparagraph,\nthe mayor shall submit the name of the person he or she intends to\nappoint to fill a vacancy in the office of city court judge, together\nwith such background information as he or she may deem appropriate, to\nan advisory judicial screening committee. Such committee shall be\ncomprised of three residents of the city of Poughkeepsie, two of whom\nshall be attorneys duly licensed and in good standing to practice law in\nthe state of New York and who shall be designated by the president of\nthe Dutchess county bar association, and one of whom shall be a\nnon-lawyer who shall be designated by the president of the Dutchess\ncounty community college. Within thirty days after such submission, the\ncommittee shall rate the person named therein for his or her fitness for\nthe office of Poughkeepsie city court judge and shall notify the mayor\nin writing of such rating, which may be "highly-qualified", "qualified",\nor "not rated". The committee's rating shall be advisory only and the\nmayor's authority to appoint the person whose name has been submitted,\nor to choose not to appoint such person, shall not in any way be limited\nthereby.\n (B) In the event that a vacancy in the office of city court judge of\nthe city of Poughkeepsie is anticipated to occur on the first day of\nJanuary of any year in which a new mayoral term shall commerce, the\nperson who will assume the office of mayor on such first day of January\nshall submit the name of the person he or she intends to appoint to fill\nsuch vacancy to the advisory judicial screening committee not later than\nthe immediately preceding first day of December.\n (iv) by the city commission of the city in which the court on which he\nor she will serve has been established: city court judge of Sherrill.\n (2) Whenever a vacancy in the office of city court judge occurs other\nthan by expiration of term, it shall be filled as herein provided:\n (i) If the office is elective, the part-time city court judge of the\ncourt on which the vacancy has occurred or, if there be more than one\npart-time city court judge of such court, the part-time city court judge\nsenior in service, shall fill the vacancy temporarily until the\nthirty-first day of December following the next general city election at\nwhich the vacancy can be filled. At such election, a successor shall be\nelected to fill the vacancy for a full term of office, to commence on\nJanuary first next thereafter. If there is no part-time city court judge\nof the court on which the vacancy has occurred or if the incumbent\npart-time city court judge declines to serve as provided herein or if\nthe vacancy is in the office of part-time city court judge, the mayor of\nthe city in which the court on which the vacancy has occurred is located\nshall appoint a qualified person to fill the vacancy temporarily as\nprovided in this subparagraph. Where a part-time city court judge fills\na vacancy in the office of full-time city court judge pursuant to this\nsubparagraph:\n (A) he or she shall not be deemed to have vacated the office of\npart-time city court judge, his or her term in such office shall not be\ndeemed to have been interrupted and, upon expiration of service as\nfull-time city court judge hereunder, he or she shall resume service as\npart-time city court judge for the remainder of such term;\n (B) for the duration of such service, he or she shall be paid the\ncompensation provided by law for the office of city court judge thereby\nfilled; and\n (C) the mayor may appoint a qualified person to serve as part-time\ncity court judge in his or her stead for a period not to exceed the\nperiod during which he or she serves as full-time city court judge\nhereunder.\n (ii) If the office is appointive, a successor shall be selected for a\nfull term in the manner provided in paragraph one of this subdivision.\n (f) Notwithstanding the designation hereunder of a judge of a city\ncourt as part-time or as an acting city court judge, such judge shall,\nfor purposes of determining his or her entitlement to credit under the\nretirement and social security law for service rendered prior to April\nfirst, nineteen hundred ninety-four, be deemed to work full time.\n