This act shall be known as the city court act of the city of
Newburgh. (L. 1948, c. 569)
There is hereby established and there hereafter shall be in
the city of Newburgh a local court of inferior civil and criminal
jurisdiction. It shall be known as the "City Court of the City of
Newburgh." The jurisdiction of the court and the practice and procedure
therein shall be as prescribed by this act. (L. 1948, c. 569)
The following words used in this act shall have the meaning
defined in this section, unless otherwise apparent in the text:
(a)
"Court" means the city court or a judge thereof.
(b)
"County" means the county in which the court is located.
(c)
"Judge" includes a judge or acting judge of the court.
(d)
"Chief judge" includes the city judge if there be only one.
(e)
"Clerk" includes the chief clerk, the deputy clerk or assistant clerk
of the court.
(f)
"Rules" mean the rules duly adopted pursuant to section forty-one
of this act.
(g)
"City council" refers to the body exercising the chief legislative
function of the city government. (L. 1948, c. 569)
The court shall consist of one judge who shall be the city judge
of said city and who shall be a magistrate and shall be possessed
of all the powers of a magistrate, now or hereafter conferred by law.
(L. 1948, c. 569)
(a)
Except as otherwise provided by section sixty of this act, the judge
of the court shall be elected at a general election held in the city
next preceding the expiration of the respective terms of office. The
judge shall be elected in the same manner as other city officials
are elected and the person so elected shall take office on the first
day of January following such election. The term of office shall be
six years. The election of the first judge of the court shall occur
at the general election of the city next preceding the expiration
of the present term of office of the city recorder and such person
so elected shall take office on the first day of January following
such election.
(b)
No person shall be eligible for the office of judge of the court
unless he be an attorney and counsellor of law of at least three years'
standing and a resident elector of the city for which he shall be
elected. The local legislative body of the city may provide that a
judge shall not hold any other public office, elective or appointive,
conduct any business or practice law or act as referee, arbitrator
or receiver, but shall devote his whole time and capacity, so far
as public interest demands, to the duties of his office.
(c)
The appellate division of the supreme court for the second department
may remove a judge as provided by section one hundred thirty-two of
the code of criminal procedure.[1] The appellate division may in its discretion prohibit
a judge so removed from holding public office, elective or appointive,
thereafter.
[1]
Editor's Note: See now Judiciary Law § 429.
(d)
A vacancy in the office of judge occurring otherwise than by expiration
of term shall be filled at the next general election held not less
than thirty days after said vacancy occurs; and until the vacancy
shall be so filled, the city council shall fill such vacancy by appointment
which shall continue until and including the last day of December
next after the election at which the vacancy shall be filled.
(e)
The city council may appoint a person who has the qualifications
prescribed for a city judge to serve in such capacity during the temporary
disability, disqualification or absence of a city judge. In the event
of the simultaneous temporary disability, disqualification or absence
of both the city judge and the acting city judge, the city manager
may appoint as acting city judge, a person who has the qualifications
to serve in such capacity during such temporary disability, disqualification
or absence only. In the event of a vacancy in the office of city judge,
the city manager may appoint a person who has the necessary qualifications,
temporarily until the vacancy shall be filled by appointment of the
council. (L. 1948, c. 569; amended L. 1958, c. 15)
The salary of the judge, from the date this act shall take effect
and during the unexpired elective terms of the present city judge,
shall be at the rate of seven thousand five hundred dollars per annum
and thereafter shall be fixed by the local legislative body and shall
not be increased or diminished during the elective term of said judge
and shall be paid in the same manner as the salaries of other city
officers are paid. (L. 1948, c. 569; amended L. 1958, c. 15)
(a)
The judge shall possess all the powers and exercise all the jurisdiction
in all matters, suits and proceedings which are herein conferred upon
the court, including the power to take information for the issuance
of warrants of arrest, and warrants of attachment, issue and sign
subpoenas and precepts, make and sign transcripts of judgment, executions,
commitments and certificates of conviction, to affix the seal of the
court thereto, and to perform any and all other acts necessary to
the proper administration of the office. The city judge shall have
the custody of the seal, dockets, records and all other papers, process,
pleadings and proceedings of the court. (L. 1948, c. 569)
The court shall have the power to punish for contempt conferred
upon courts of record by the judiciary law. (L. 1948, c. 569)
The judge shall appoint a clerk, a marshal and all other employees
provided for by this act. The judge shall supervise the employees
and may remove any such employee at his pleasure. The clerk and marshal
shall be officers of the court. (L. 1948, c. 569)
(a)
Clerk. The city judge shall appoint and at pleasure remove a clerk
for the said court, who shall be a competent stenographer and shall
act as such in said court and shall receive a salary to be fixed by
the local legislative body. The city judge shall also have power to
appoint an acting clerk from time to time, to serve in the absence
or disability of the clerk. The clerk and each temporary clerk during
the period of his employment as such shall be an officer of the court
and shall, before entering upon the discharge of his duties, subscribe
and take the oath of office, prescribed by the constitution of the
state and file the same with the city clerk of the city of Newburgh,
New York. It shall be his duty to attend upon said court during the
time when said court is required to be kept open for business and
to keep the dockets and books of account thereof; to make up the returns
to the county court therefrom, under the direction of the said judge
and to do such other acts and perform such duties as regularly pertain
to said office or is required by law or as directed by said city judge.
He shall have the same power to take affidavits and acknowledgments
as a notary public of the state of New York. He shall also have power
to issue subpoenas, summons in civil actions and precepts in summary
proceedings; to join issue and adjourn cases not to exceed eight days,
unless all parties to the action or proceedings stipulate in writing
to a longer adjournment. It shall be the duty of such clerk to take
the stenographic minutes of the testimony and other proceedings in
all cases heard or tried before the court, except, when the judge
sitting at the trial or hearing shall dispense with such services,
and he shall preserve and file the original minutes taken by him in
every case for a period of at least six years. He shall furnish a
transcript upon request and payment of the prescribed fees. Nothing
herein contained shall prevent the appointment of a woman to act as
clerk of the city court.
(b)
Marshal. The city marshal shall perform in the city court the same
duties as are performed by sheriffs in courts of record and shall
have the same power to serve and execute all process and mandates
of the court as a sheriff. The city judge shall have power to appoint
an acting marshal from time to time in the absence or disability of
the marshal. The police officers of the city shall execute all criminal
process issued out of the court when required to do so by the court.
Neither a marshal nor a police officer shall receive any fee or compensation
for the service of any criminal process issued out of the court.
(c)
Generally. In addition to the duties herein prescribed, the officers
and employees of the court shall perform such other duties as they
are directed to perform by the judge. (L. 1948, c. 569)
The local legislative body shall fix a reasonable compensation
for all the employees of the court. If the marshal is compensated
by salary, he shall account for and pay over the fees which he receives
in like manner as the clerk.
Before entering upon the discharge of his official duties, each
employee shall take the oath of office prescribed by law and file
it in the office of the city clerk.
The clerk and marshal of the court shall execute and file in
the office of the city clerk a bond, in an amount fixed by the local
legislative body, to be approved by the judge and conditioned for
the faithful performance of their duties. (L. 1948, c. 569)
The court shall have an official seal to be furnished by the
city upon which shall be engraved the words "City Court of the City
of Newburgh. Seal." (L. 1948, c. 569)
The local legislative body shall provide suitable rooms, light,
heat, furniture, necessary books and supplies for the use of the court
and shall provide for the payment of the salaries and compensation
of the judges and employees of the court and for whatever may be necessary
for the transaction of its business. (L. 1948, c. 569)
The court shall be open for the transaction of business each
day in the year, except Sundays and legal holidays, and upon those
days for such purposes as are provided by law. (L. 1948, c. 569)
