N.Y. UCT. LAW § 2104 : NY Code - Section 2104: Organization of city courts

Search N.Y. UCT. LAW § 2104 : NY Code - Section 2104: Organization of city courts

(a)  The  number of judges for each city court outside the city of New
  York, their jurisdiction and terms of office, and the methods  of  their
  selection and of filling vacancies in their offices shall be as provided
  in this section.
    (b)  Each  judge  of a city court, including acting city court judges,
  shall:
    (1) be an attorney admitted to practice law in this state for at least
  five years as of the date he or she commences the duties of office,  and
  be  a  resident  of the city in which he or she is elected or appointed,
  except that the judges of the Sherrill city court may reside anywhere in
  either Oneida or Madison counties, the city court judge  who  serves  in
  the  office  that  formerly  was that of acting judge of the Oneida city
  court may reside anywhere in Madison county, the judges of the Peekskill
  city court may reside anywhere in Westchester  county,  the  city  court
  judge who serves in the office that formerly was that of acting judge of
  the  Port  Jervis  city  court may reside anywhere in either Sullivan or
  Orange counties, the judges of the Hudson city court may reside anywhere
  in Columbia county, the city court judge who serves in the  office  that
  formerly  was  that  of acting judge of the Mechanicville city court may
  reside anywhere in Saratoga county, the judges of  the  Ogdensburg  city
  court  may  reside  anywhere  in  St. Lawrence county, the judges of the
  Rensselaer city court may reside anywhere in Rensselaer county  and  one
  judge of the Cohoes city court may reside anywhere in Albany county.
    (2)  exercise  all  jurisdiction possessed by the court on which he or
  she serves.
    (3) serve a term of six years, except that full-time judges each shall
  serve a term of ten years.
    (c) A full-time judge of a city court shall not engage in the practice
  of law, act as an arbitrator, referee, or compensated  mediator  in  any
  action or proceeding, or engage in the conduct of any other professional
  business  that  interferes  with  the performance of his or her judicial
  duties.
    (d) The number of judges of the city court in each city  shall  be  as
  provided  herein.  Full-time  judgeships are specifically so designated,
  all others are part-time:
     Par.   Name of city
     1    Albany, four full-time and one part-time;
     2    Amsterdam, one full-time and one part-time;
     3    Auburn, one full-time and one part-time;
     4    Batavia, one full-time and one part-time;
     5    Beacon, one full-time and one part-time;
     6    Binghamton, two full-time and one part-time;
     7    Buffalo, thirteen full-time;
     8    Canandaigua, one full-time and one part-time;
     9    Cohoes, two;
     10   Corning, one full-time and one part-time;
     11   Cortland, one full-time and one part-time;
     12   Dunkirk, one full-time and one part-time;
     13   Elmira, two full-time;
     14   Fulton, one full-time and one part-time;
     15   Geneva, three;
     16   Glen Cove, two;
     17   Glens Falls, one full-time and one part-time;
     18   Gloversville, one full-time and one part-time;
     19   Hornell, two;
     20   Hudson, two;
     21   Ithaca, one full-time and one part-time;

     22   Jamestown, one full-time and one part-time;
     23   Johnstown, two;
     24   Kingston, one full-time and one part-time;
     25   Lackawanna, one full-time and one part-time;
     26   Little Falls, two;
     27   Lockport, one full-time and one part-time;
     28   Long Beach, two full-time;
     29   Mechanicville, two;
     30   Middletown, one full-time and one part-time;
     31   Mount Vernon, three full-time and one part-time;
     32   Newburgh, two full-time;
     33   New Rochelle, two full-time and one part-time;
     34   Niagara Falls, four full-time;
     35   North Tonawanda, one full-time and one part-time;
     36   Norwich, two;
     37   Ogdensburg, one full-time and one part-time;
     38   Olean, one full-time and one part-time;
     39   Oneida, two;
     40   Oneonta, two;
     41   Oswego, one full-time and one part-time;
     42   Peekskill, one full-time and one part-time;
     43   Plattsburgh, one full-time and one part-time;
     44   Port Jervis, two;
     45   Poughkeepsie, two full-time;
     46   Rensselaer, two;
     47   Rochester, nine full-time;
     48   Rome, one full-time and one part-time;
     49   Rye, one full-time and one part-time;
     50   Salamanca, two;
     51   Saratoga Springs, one full-time and one part-time;
     52   Schenectady, three full-time;
     53   Sherrill, one;
     54   Syracuse, eight full-time;
     55   Tonawanda, one full-time and one part-time;
     56   Troy, one full-time and one part-time;
     57   Utica, three full-time;
     58   Watertown, one full-time and one part-time;
     59   Watervliet, two;
     60   White Plains, three full-time and one part-time;
     61   Yonkers, six full-time.
    (e)  Method  of  selection;  vacancies. (1) Each judge of a city court
  shall be elected for the term provided in this section, except that each
  of the following judges shall be appointed:
    (i) by the mayor of the city for which the court on which  he  or  she
  will serve has been established, with the advice and consent of the city
  council:  part-time  city  court  judge  of Beacon, part-time city court
  judge of Corning, part-time city court judge of Cortland, part-time city
  court judge of Gloversville, city court judge of Glen Cove who serves in
  the office that on June first, two thousand one was an appointive office
  pursuant to this subparagraph, part-time city  court  judge  of  Ithaca,
  part-time  city  court judge of Jamestown, part-time city court judge of
  Olean, city court judges of Plattsburgh, city court judge of Port Jervis
  who serves in the office that formerly was that  of  acting  city  court
  judge  of  Port  Jervis,  city  court judges of Rye, city court judge of
  Salamanca who serves in the office that formerly was that of acting city
  court  judge  of  Salamanca  and  the  part-time  city  court  judge  of
  Watertown.

    (ii)  by  the city council of the city for which the court on which he
  or she will serve has been established: part-time city  court  judge  of
  Auburn,  part-time  city  court  judge  of Batavia, part-time city court
  judge of Canandaigua, city court judge of Johnstown who  serves  in  the
  office  that  formerly was that of acting city court judge of Johnstown,
  city court judge of Newburgh who serves in  the  office  that  on  March
  thirty-first,  two  thousand  one  was  part-time,  city  court judge of
  Norwich who serves in the office that formerly was that of  acting  city
  court  judge  of Norwich, city court judges of Peekskill, and city court
  judges of White Plains.
    (iii) by the mayor of the city for which the court on which he or  she
  will   serve  has  been  established:  part-time  city  court  judge  of
  Binghamton, city court judges of Cohoes, part-time city court  judge  of
  Dunkirk,  part-time  city  court  judge  of  Fulton, city court judge of
  Geneva who serves in the office that formerly was that  of  acting  city
  court  judge  of  Geneva,  city court judge of Hornell who serves in the
  office that formerly was that of acting city  court  judge  of  Hornell,
  city  court  judge  of Hudson who serves in the office that formerly was
  that of acting city court judge of Hudson, part-time city court judge of
  Kingston, part-time city court judge of Lackawanna, city court judge  of
  Little  Falls  who serves in the office that formerly was that of acting
  court judge of Little Falls, part-time city  court  judge  of  Lockport,
  city court judge of Mechanicville who serves in the office that formerly
  was  that  of  acting  city court judge of Mechanicville, part-time city
  court judge of Middletown, part-time city court judge of  Mount  Vernon,
  part-time  city  court  judge  of  New Rochelle and full-time city court
  judge of such city who serves in the office created during the  calendar
  year  commencing  January  first, two thousand one, part-time city court
  judge of North Tonawanda, part-time city court judge of Ogdensburg, city
  court judge of Oneida who serves in the office that formerly was that of
  acting city court judge of Oneida,  city  court  judge  of  Oneonta  who
  serves  in  the office that formerly was that of acting city court judge
  of Oneonta, part-time city court judge of Oswego, city court  judges  of
  Poughkeepsie,  city  court  judge of Rensselaer who serves in the office
  that formerly was  that  of  acting  city  court  judge  of  Rensselaer,
  part-time  city  court  judge  of Saratoga Springs, part-time city court
  judge of Tonawanda and city court judge of Watervliet who serves in  the
  office  that formerly was that of acting city court judge of Watervliet.
  Provided, however, the following special provisions shall be  applicable
  in the city of Poughkeepsie:
    (A)  except  as otherwise provided in clause (B) of this subparagraph,
  the mayor shall submit the name of the  person  he  or  she  intends  to
  appoint  to  fill  a vacancy in the office of city court judge, together
  with such background information as he or she may deem  appropriate,  to
  an  advisory  judicial  screening  committee.  Such  committee  shall be
  comprised of three residents of the city of Poughkeepsie,  two  of  whom
  shall be attorneys duly licensed and in good standing to practice law in
  the  state  of  New York and who shall be designated by the president of
  the Dutchess county  bar  association,  and  one  of  whom  shall  be  a
  non-lawyer  who  shall  be  designated  by the president of the Dutchess
  county community college.  Within thirty days after such submission, the
  committee shall rate the person named therein for his or her fitness for
  the office of Poughkeepsie city court judge and shall notify  the  mayor
  in writing of such rating, which may be "highly-qualified", "qualified",
  or  "not  rated".  The committee's rating shall be advisory only and the
  mayor's authority to appoint the person whose name has  been  submitted,
  or to choose not to appoint such person, shall not in any way be limited
  thereby.

    (B)  In  the event that a vacancy in the office of city court judge of
  the city of Poughkeepsie is anticipated to occur on  the  first  day  of
  January  of  any  year  in  which a new mayoral term shall commerce, the
  person who will assume the office of mayor on such first day of  January
  shall submit the name of the person he or she intends to appoint to fill
  such vacancy to the advisory judicial screening committee not later than
  the immediately preceding first day of December.
    (iv) by the city commission of the city in which the court on which he
  or she will serve has been established: city court judge of Sherrill.
    (2)  Whenever a vacancy in the office of city court judge occurs other
  than by expiration of term, it shall be filled as herein provided:
    (i) If the office is elective, the part-time city court judge  of  the
  court  on  which  the vacancy has occurred or, if there be more than one
  part-time city court judge of such court, the part-time city court judge
  senior  in  service,  shall  fill  the  vacancy  temporarily  until  the
  thirty-first day of December following the next general city election at
  which  the vacancy can be filled. At such election, a successor shall be
  elected to fill the vacancy for a full term of office,  to  commence  on
  January first next thereafter. If there is no part-time city court judge
  of  the  court  on  which  the  vacancy has occurred or if the incumbent
  part-time city court judge declines to serve as provided  herein  or  if
  the vacancy is in the office of part-time city court judge, the mayor of
  the city in which the court on which the vacancy has occurred is located
  shall  appoint  a  qualified  person  to fill the vacancy temporarily as
  provided in this subparagraph. Where a part-time city court judge  fills
  a  vacancy  in the office of full-time city court judge pursuant to this
  subparagraph:
    (A) he or she shall not be  deemed  to  have  vacated  the  office  of
  part-time  city court judge, his or her term in such office shall not be
  deemed to have been interrupted  and,  upon  expiration  of  service  as
  full-time  city court judge hereunder, he or she shall resume service as
  part-time city court judge for the remainder of such term;
    (B) for the duration of such service, he or  she  shall  be  paid  the
  compensation  provided by law for the office of city court judge thereby
  filled; and
    (C) the mayor may appoint a qualified person  to  serve  as  part-time
  city  court  judge  in  his  or her stead for a period not to exceed the
  period during which he or she  serves  as  full-time  city  court  judge
  hereunder.
    (ii)  If the office is appointive, a successor shall be selected for a
  full term in the manner provided in paragraph one of this subdivision.
    (f) Notwithstanding the designation hereunder of a  judge  of  a  city
  court  as  part-time or as an acting city court judge, such judge shall,
  for purposes of determining his or her entitlement to credit  under  the
  retirement  and  social security law for service rendered prior to April
  first, nineteen hundred ninety-four, be deemed to work full time.