Section 2104. Organization of city courts


Latest version.
  • (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.