§ 1690 — Authority of the Nassau county and Suffolk county district court judicial hearing officers and the city of Buffalo judicial hearing offic...

New York § 1690

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 8: Respective Powers of State and Local Authorities
• Art. 44-A: Authority of the Nassau and Suffolk County District Court and Buffalo City Court and Rochester City Court Judicial Hearing Officers

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§ 1690. Authority of the Nassau county and Suffolk county district\ncourt judicial hearing officers and the city of Buffalo judicial hearing\nofficers and the city of Rochester judicial hearing officers. 1.\nNotwithstanding any other provision of law, where the trial of a traffic\nor parking infraction is authorized or required to be tried before the\nNassau county district court or Suffolk county district court, and such\ntraffic and parking infraction does not constitute a misdemeanor,\nfelony, violation of subdivision one of section eleven hundred\nninety-two, subdivision five of section eleven hundred ninety-two,\nsection three hundred ninety-seven-a, or subdivision (g) of section\neleven hundred eighty of this chapter, or a violation of paragraph (b)\nof subdivision four of section fourteen-f or clause (b) of subparagraph\n(iii) of paragraph c of subdivision two of section one hundred forty of\nthe transportation law, or any offense that is part of the same criminal\ntransaction, as that term is defined in subdivision two of section 40.10\nof the criminal procedure law, as such a misdemeanor, felony, violation\nof subdivision one of section eleven hundred ninety-two, subdivision two\nof section eleven hundred ninety-two, section three hundred\nninety-seven-a or subdivision (g) of section eleven hundred eighty of\nthis chapter, or a violation of paragraph (b) of subdivision four of\nsection fourteen-f or clause (b) of subparagraph (iii) of paragraph d of\nsubdivision two of section one hundred forty of the transportation law,\nthe administrative judge of the county in which the trial court is\nlocated, may assign judicial hearing officers to conduct such a trial.\nSuch judicial hearing officers shall be village court justices or\nretired judges either of which shall have at least two years of\nexperience conducting trials of traffic and parking violations cases and\nshall be admitted to practice law in this state. Where such assignment\nis made, the judicial hearing officer shall entertain the case in the\nsame manner as a court and shall:\n (a) determine all questions of law;\n (b) act as the exclusive trier of all issues of fact;\n (c) render a verdict;\n (d) impose sentence; or\n (e) dispose of the case in any manner provided by law.\n 1-a. Notwithstanding any other provision of law, where the trial of a\ntraffic infraction is authorized or required to be tried before the\nBuffalo city court, and such traffic infraction does not constitute a\nmisdemeanor, felony, violation of subdivision one of section eleven\nhundred ninety-two, subdivision five of section eleven hundred\nninety-two, section three hundred ninety-seven-a, or subdivision (g) of\nsection eleven hundred eighty of this chapter, or a violation of\nparagraph (b) of subdivision four of section fourteen-f or clause (b) of\nsubparagraph (iii) of paragraph c of subdivision two of section one\nhundred forty of the transportation law, or any parking, stopping,\nstanding or pedestrian offense, or any offense that is part of the same\ncriminal transaction, as that term is defined in subdivision two of\nsection 40.10 of the criminal procedure law, as such a misdemeanor,\nfelony, violation of subdivision one of section eleven hundred\nninety-two, subdivision two of section eleven hundred ninety-two,\nsection three hundred ninety-seven-a or subdivision (g) of section\neleven hundred eighty of this chapter, or a violation of paragraph (b)\nof subdivision four of section fourteen-f or clause (b) of subparagraph\n(iii) of paragraph d of subdivision two of section one hundred forty of\nthe transportation law, or any parking, stopping, standing or pedestrian\noffense, the administrative judge of the eighth judicial district may\nassign judicial hearing officers to conduct such a trial. Such judicial\nhearing officers shall: (i) be residents of the city of Buffalo; and\n(ii) be village or town court justices, city court judges or retired\njudges or justices all of which shall have at least two years of\nexperience conducting trials of traffic violations cases; and (iii) be\nadmitted to practice law in this state; and (iv) be selected from a list\nof recommendations of the mayor of the city of Buffalo provided that the\nmayor shall give at least three recommendations for each judicial\nhearing officer assignment. Where such assignment is made, the judicial\nhearing officer shall entertain the case in the same manner as a court\nand shall:\n (a) determine all questions of law;\n (b) act as the exclusive trier of all issues of fact;\n (c) render a verdict;\n (d) impose sentence; or\n (e) dispose of the case in any manner provided by law.\n 1-b. Notwithstanding any other provision of law, where the trial of a\ntraffic infraction is authorized or required to be tried before the\nRochester city court, and such traffic infraction does not constitute a\nmisdemeanor, felony, violation of subdivision one of section eleven\nhundred ninety-two, subdivision five of section eleven hundred\nninety-two, section three hundred ninety-seven-a, or subdivision (g) of\nsection eleven hundred eighty of this chapter, or a violation of\nparagraph (b) of subdivision four of section fourteen-f or clause (b) of\nsubparagraph (iii) of paragraph c of subdivision two of section one\nhundred forty of the transportation law, or any parking, stopping,\nstanding or pedestrian offense, or any offense that is part of the same\ncriminal transaction, as that term is defined in subdivision two of\nsection 40.10 of the criminal procedure law, as such a misdemeanor,\nfelony, violation of subdivision one of section eleven hundred\nninety-two, subdivision two of section eleven hundred ninety-two,\nsection three hundred ninety-seven-a or subdivision (g) of section\neleven hundred eighty of this chapter, or a violation of paragraph (b)\nof subdivision four of section fourteen-f or clause (b) of subparagraph\n(iii) of paragraph d of subdivision two of section one hundred forty of\nthe transportation law, or any parking, stopping, standing or pedestrian\noffense, the administrative judge of the seventh judicial district may\nassign judicial hearing officers to conduct such a trial. Such judicial\nhearing officers shall: (i) be residents of the county of Monroe; and\n(ii) be village or town court justices, city court judges or retired\njudges or justices or a current or former administrative law judge,\nreferee or administrative hearing officer with at least one year\nexperience conducting trials or hearings for any governmental agency of\nthe state of New York or a political subdivision of the state, or a\nlicensed attorney who has at least five years of relevant experience\nappearing in trials or hearings before courts or governmental agencies\nwithin the state; and (iii) be admitted to practice law in this state;\nand (iv) be selected from a list of recommendations of the mayor of the\ncity of Rochester provided that the mayor shall give at least three\nrecommendations for each judicial hearing officer assignment. Where such\nassignment is made, the judicial hearing officer shall entertain the\ncase in the same manner as a court and shall:\n (a) determine all questions of law;\n (b) act as the exclusive trier of all issues of fact;\n (c) render a verdict;\n (d) impose sentence; or\n (e) dispose of the case in any manner provided by law.\n 2. In the discharge of this responsibility, the judicial hearing\nofficer shall have the same powers as a judge of the court in which the\nproceeding is pending. The rules of evidence and reasonable doubt burden\nof proof shall be applicable at a trial conducted by a judicial hearing\nofficer.\n 3. Any action taken by a judicial hearing officer in the conduct of a\ntrial or other disposition thereof shall be deemed the action of the\ncourt in which the proceeding is pending.\n 4. Judicial hearing officers are prohibited from appearing in any\ncapacity other than as a judicial hearing officer in any part of the\nNassau county or Suffolk county district court on any matter relating to\ntraffic or parking violations and are further prohibited from appearing\nin any capacity other than as a judicial hearing officer in any other\ncourt or administrative tribunal on any matter relating to traffic or\nparking violations.\n 4-a. Judicial hearing officers are prohibited from appearing in any\ncapacity other than as a judicial hearing officer in any part of Buffalo\ncity court on any matter relating to traffic violations and are further\nprohibited from appearing in any capacity other than as a judicial\nhearing officer in any other court or administrative tribunal on any\nmatter relating to traffic violations.\n 4-b. Judicial hearing officers are prohibited from appearing in any\ncapacity other than as a judicial hearing officer in any part of\nRochester city court on any matter relating to traffic violations and\nare further prohibited from appearing in any capacity other than as a\njudicial hearing officer in any other court or administrative tribunal\non any matter relating to traffic violations.\n