[1]
Editor's Note: The City currently operates under the Unified
Court System.
The City Court of the City of Port Jervis is continued under
this Charter, and shall be known as the "City Court of Port Jervis."
It shall be an inferior local court of civil and criminal jurisdiction.
For the purposes of this Article, the following terms shall
have the meanings indicated:
The City of Port Jervis.
Includes the Clerk, Deputy Clerk or Assistant Clerk of the
Court.
The Common Council of the City of Port Jervis.
The County of Orange.
The City Court or one (1) of the Judges thereof.
Includes the City Judge or Acting City Judge.
The Mayor of the City of Port Jervis.
The rules adopted pursuant to Section 2103 of the Uniform
City Court Act, as amended from time to time, supplemented and in
effect.
The Court shall consist of a City Judge and an Acting City Judge.
The Acting City Judge shall possess all of the qualifications, have
all the powers and perform all of the duties of the City Judge whenever
such Judge is absent, disqualified or unable to act.
A.
The City Judge shall be elected in the same manner and at the same
time as other city officers are elected, and shall take office on
the first day of January next following such election. Except as herein
provided, the term of office of the City Judge shall be four (4) years.
B.
No person shall be eligible for the office of Judge of the City Court
of Port Jervis unless he be an attorney and counselor of the State
of New York of at least five (5) years' standing and a resident elector
of the City of Port Jervis.
C.
A vacancy in the office of Judge, occurring otherwise than by expiration
of term, shall be filled for a full term of four (4) years at the
next general election held after the next 20th day of September after
such vacancy occurs; and until the vacancy shall be so filled, the
Acting City Judge shall have and assume all the powers, duties and
responsibilities of City Judge until and including the last day of
December next after the election at which the vacancy shall be filled.
D.
The Mayor, with the consent of a majority of the Common Council,
shall appoint to hold office for a term of one (1) year, except as
otherwise provided by law, an Acting City Judge with the same qualifications
required of the City Judge.
The sessions of the City Court shall be held by the City Judge
or, in the cases provided for herein, by the Acting City Judge.
During the absence of the City Judge from the city, or his disability
or inability to act, or if he is incapable to act for the reasons
given by Section 14 of the Judiciary Law, or if he deems himself disqualified
to act because of his professional relations with any party or counsel
to an action or special proceeding pending before the Court, the City
Judge must make, and file with the Clerk of the City Court, a certificate
to that effect, and thereupon the Acting City Judge, if not also disqualified,
must act as Judge in such action or proceeding, and if disqualified,
then the action or special proceeding shall by an order of the appropriate
court be removed to the County Court of Orange County. In all actions
or proceedings so transferred to the Acting City Judge, the Acting
City Judge shall exercise all the authority and perform all the duties
of the City Judge. In the case of the disability of the City Judge
to an extent rendering him unable to file such certificate, said Acting
City Judge may then act without such certificate.
The City Court and City Judge of the City of Port Jervis shall
have and exercise such powers and civil and criminal jurisdiction
as may be granted by, and be subject to all other provisions of, the
Uniform City Court Act, being Chapter 497 of the Laws of 1964, as
amended from time to time, supplemented and in effect, and by such
other laws and rules and regulations as now are or may hereafter be
in effect.[1]
A party to an action or proceeding before the City Court or
the City Judge may prosecute or defend the same person, or by attorney
duly licensed to practice as an attorney and counselor at law, or
by his guardian or committee if an infant or incompetent; but a person
not interested in the subject matter in dispute and who is not an
attorney and counselor at law shall not be permitted to prosecute
or defend in any such action or proceeding, unless the City Judge,
for cause shown, shall first make and enter in his minutes an order
granting leave to do so.
The Common Council shall appoint a Clerk, Stenographer and such
other employees as may be provided by the Common Council. The City
Judge shall supervise the employees and the Common Council may remove
any employee for cause as provided by law.
A.
Clerk.
(1)
The Clerk shall act as Stenographer of the Court if provision is
not otherwise made for a Stenographer.
(2)
The Clerk shall keep the seal of the Court and affix it to such papers
and documents as he or she shall be required to certify.
(3)
The Clerk shall be custodian of and deliver to his or her successor
in office all books, records and papers filed in his or her office,
and the official seal of the Court.
(4)
The Clerk shall attend the sittings of the Court. The Clerk shall
have power to administer oaths, to take depositions and acknowledgments,
to receive verdicts of juries and in proper cases to adjourn causes,
and when no Judge appears he or she shall adjourn to the next judicial
day.
(5)
The Clerk shall take information for the issuance of warrants of
arrest by a Judge, issue and sign subpoenas and precepts and make
and sign transcripts of judgment, executions, commitments and certificates
of conviction.
(6)
The Clerk shall collect and receive all fees, fines and penalties
paid into the Court. He or she shall each month account for and pay
the same to the fiscal officer of the city or the State of New York,
together with a sworn statement containing the amounts collected therein
and such other information as may be required by law or applicable
regulation.
B.
Stenographer. A Stenographer of the Court shall take stenographic
notes, or by mechanical device take the testimony and other proceedings
in all cases heard or tried before the Court, unless otherwise directed
by the Judge. Such notes or records shall be filed with the Clerk
and shall be kept by him or her for a period of two (2) years. The
Stenographer shall furnish without charge a copy or copies of the
transcript of such notes to the Court, upon request of the Judge,
and shall furnish to all other persons a transcript when requested,
upon payment of the prescribed fees.
C.
Marshals. The City Marshals shall have the same power to serve and
execute all process and mandates of the Court as a sheriff. They shall
keep a record of their official acts in such manner as shall be prescribed
by the City Judge. 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.
D.
Duties of employees 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.
E.
Court officer. The court officer shall be a city police officer appointed
by the Chief of Police, and shall perform all the duties of a police
officer in court as may be required by the City Judge.
A.
The compensation of employees of the Court shall be fixed by the
Common Council. The Marshals, collectively shall determine their rates,
to be paid by the party requiring said services.
[Amended 8-12-2019 by L.L. No. 8-2019, approved 8-12-2019]
B.
Before entering upon the discharge of his official duties, each employee
shall take the oath of office prescribed by law and file such oath
in the office of the City Clerk-Treasurer.
C.
The Clerk and Marshals of the Court and such other employees as shall
be required to do so by the City Judge shall execute and file in the
office of the City Clerk-Treasurer a bond, in an amount fixed by the
Common Council, to be approved by the City Judge and conditioned for
the faithful performance of their duties.
Whenever it shall be necessary in the conduct of any trial or
proceeding before the City Court or the City Judge to interpret a
foreign language, the City Judge is authorized to employ a suitable
person as interpreter. Claims for such services shall be presented
to and audited by the Common Council, and paid as other claims against
the city.
The Common Council shall provide suitable rooms, light, heat,
furnishings and 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.
The City Court shall be open for the transaction of business
on such days and at such hours as may be designated by the City Judge.
