Section 105. Powers and duties of non-judicial personnel  


Latest version.
  • (a)  Clerks.  The chief clerk and such other non-judicial personnel as
      shall be authorized by law, rule or order shall each have the  power  to
      administer  oaths,  take acknowledgments and sign the process or mandate
      of the court.
        (b) Enforcement officers; police officers. The enforcement officer  of
      a  city  court shall be the sheriff of the county in which such court is
      located; provided, however, in  each  city  where,  on  June  thirtieth,
      nineteen  hundred  eighty-eight, public officers thereof were authorized
      to designate the enforcement  officer  of  the  city  court  established
      therein,  such  public  officers may continue to exercise such authority
      and to designate another person or officer  as  enforcement  officer  in
      lieu of the sheriff. The enforcement officers of the court shall perform
      the  same  duties  as are performed by sheriffs in the supreme court and
      shall have, within their territorial jurisdiction  and  subject  to  any
      limitations imposed by this act or by other provision of law, such power
      to  serve  and  execute  the  processes  and  mandates of the court as a
      sheriff has with regard to the processes and  mandates  of  the  supreme
      court.  They shall also have, within their territorial jurisdiction, all
      of the powers in criminal matters of a constable of a town in the  state
      of  New  York.  It  shall also be the duty of the police officers of the
      city to execute all  criminal  processes  and  mandates  of  the  court.
      Neither  an  enforcement  officer nor a police officer shall receive any
      fee or compensation for the service or execution of any criminal process
      or mandate issued out of the court.
        (c) Records of enforcement officers. Each of the  court's  enforcement
      officers  shall  keep a record of official acts performed by him upon or
      in conjunction with the  court's  process  or  mandate.  The  rules  may
      prescribe the manner in which such records shall be maintained.