§ 106 — Holding of court; place of holding; assignment of justices

New York § 106

• Jurisdiction: New York
• Law UJC: Uniform Justice Court Act
• Art. 1: Organization

Text

§ 106. Holding of court; place of holding; assignment of justices.\n Each court shall exercise its jurisdiction, civil or criminal,\nwhenever it is invoked.\n 1. A justice may hold court anywhere in the municipality including in\nthe case of a town justice anywhere within a village wholly or partly\ncontained within the town of which he is a justice regardless of whether\nor not said village has a village court and in the event two or more\ncontiguous villages maintain offices in the same building, a village\njustice of any such village may hold court in such building,\nnotwithstanding that the building is outside the boundaries of such\nvillage. A town justice may hold court in an adjacent town providing\nsuch justice has been elected or holds office pursuant to a plan\nestablished by resolution which was adopted pursuant to the provisions\nof section one hundred six-a of this article or the provisions of\nsection one hundred six-b of this article. A justice may hold court in\none or more municipalities that form a contiguous geographic area,\nincluding in a town and one or more villages each of which is wholly or\npartly contained within such town, within the same county providing\nthere is an agreement between such municipalities pursuant to article\nfive-g of the general municipal law to hold all court proceedings in any\nof the such municipalities in a courtroom or other suitable facility\nopen to the public.\n 2. The chief administrator of the courts may temporarily assign any\njustice of another town or village court, or a judge of a city court, to\na town or village court within the county of such judge's or justice's\nresidence or an adjoining county. While temporarily assigned hereunder,\nany such judge or justice shall have the powers, duties and jurisdiction\nof a justice of the court to which the assignment is made, including the\npower to preside over an off-hours arraignment part established in such\ncourt pursuant to paragraph (w) of subdivision one of section two\nhundred twelve of the judiciary law. After the expiration of any\ntemporary assignment hereunder, the judge or justice assigned shall have\nall the powers, duties and jurisdiction of a judge or justice of the\ncourt to which the assignment was made with respect to all matters\npending during the term of such temporary assignment. Such judge or\njustice shall be entitled to such compensation and travel expenses as\nthe chief administrator shall prescribe by rule, payable out of funds\nappropriated to the state judiciary for such purpose.\n 3. Notwithstanding the provisions of subdivision one of this section,\na village may hold village court proceedings, including jury trials, in\nthat portion of the town or towns in which such village is located\nbeyond the limits of such village where suitable accommodations for such\nproceedings cannot be obtained within the village and the board of\ntrustees of the village has authorized such extraterritorial\nproceedings.\n 4. Notwithstanding the provisions of subdivision one of this section,\nthe town of Watson may hold town court jury trials in the town of\nLowville offices or the Lewis county office building when suitable\naccommodations for such trial cannot be obtained within the town and the\ntown board has authorized such extraterritorial procedures.\n 5. Notwithstanding the provisions of subdivision one of this section,\nthe village of Saddle Rock, Nassau county, may hold all village court\nproceedings in that portion of the town of North Hempstead in which such\nvillage is located beyond the limits of such village where suitable\naccommodations for such proceedings cannot be obtained within the\nvillage and the board of trustees of the village has authorized such\nextraterritorial proceedings.\n 6. Notwithstanding the provisions of subdivision one of this section,\na justice of a local criminal court situated in the county of Onondaga\nmay preside as the justice of his or her court anywhere in the county of\nOnondaga for the limited purposes of arraignments and/or appearance\nproceedings pursuant to a bench warrant provided such arraignments\nand/or proceedings are held in a courtroom wherever possible or other\nsuitable facility open to the public and provided further, that any\nmunicipality providing such facilities shall have consented to such\nusage.\n 7. Notwithstanding the provisions of subdivision one of this section,\nthe village of Port Dickinson, county of Broome, may hold all village\ncourt proceedings in any area of the town of Dickinson if suitable\naccommodations for such proceedings cannot be obtained within the\nvillage and the board of trustees of the village has authorized such\nextraterritorial proceedings.\n 8. Notwithstanding the provisions of subdivision one of this section,\na justice of a local criminal court situated in the county of Jefferson\nmay preside as the justice of his or her court anywhere in the county of\nJefferson for the limited purposes of arraignments and/or appearance\nproceedings pursuant to a bench warrant provided such arraignments\nand/or proceedings are held in a courtroom whenever possible or other\nsuitable facility open to the public and provided further, that any\nmunicipality providing such facilities shall have consented to such\nusage.\n 9. Notwithstanding the provisions of subdivision one of this section,\na justice of a local criminal court situated in the county of Rockland\nmay preside as the justice of his or her court anywhere in the county of\nRockland for the limited purposes of arraignments and/or appearance\nproceedings pursuant to a bench warrant provided such arraignments\nand/or proceedings are held in a courtroom wherever possible or other\nsuitable facility open to the public and provided further, that any\nmunicipality providing such facilities shall have consented to such\nusage.\n 10. Notwithstanding the provisions of subdivision one of this section,\nthe towns of Elba, Oakfield and Batavia, in the county of Genesee, may\nhold all town court proceedings in any of the towns of Elba, Oakfield or\nBatavia, or in the city of Batavia, provided that such proceedings are\nheld in a courtroom or other suitable facility open to the public and\nthe town boards of Elba, Oakfield and Batavia have authorized such\nextraterritorial proceedings.\n * 11. Notwithstanding the provisions of subdivision one of this\nsection, a justice of a local criminal court in which an off-hours\narraignment part has been established in accordance with paragraph (w)\nof subdivision one of section two hundred twelve of the judiciary law\nmay preside as the justice of his or her court anywhere in the county in\nwhich such local criminal court is located for the limited purpose of\npresiding in such off-hours arraignment part and conducting only the\nproceedings specified in paragraph (w) of subdivision one of section two\nhundred twelve of the judiciary law.\n * NB There are 2 sb 11's\n * 11. Notwithstanding the provisions of subdivision one of this\nsection, the town of Canandaigua, in the county of Ontario, may hold all\ntown court proceedings in the city of Canandaigua, provided that such\nproceedings are held in a courtroom or other suitable facility open to\nthe public and the town board of Canandaigua has authorized such\nextraterritorial proceedings.\n * NB There are 2 sb 11's\n