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 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 officers of
      the court shall perform the same duties as are performed by sheriffs  in
      courts  of  record 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  county,  or  of any city, town or village therein, 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.