Section 106-B. Election of a single town justice for two or more adjacent towns  


Latest version.
  • 1. Two or more adjacent towns within the same county,  acting  by  and
      through  their  town boards, are authorized to jointly undertake a study
      relating to the election of a single town justice who shall  preside  in
      the  town  courts  of each such town. Such study shall be commenced upon
      and conducted pursuant to a joint resolution adopted by the  town  board
      of  each  such  adjacent town. Such joint resolution or a certified copy
      thereof shall upon adoption be filed in the office of the town clerk  of
      each  adjacent  town which adopts the resolution. No study authorized by
      this subdivision shall be commenced until the joint resolution providing
      for the study shall have been filed with the town clerks of at least two
      adjacent towns which adopted such joint resolution.
        2. Within thirty days  after  the  conclusion  of  a  study  conducted
      pursuant  to subdivision one of this section, each town which shall have
      adopted the joint resolution providing for the study shall  publish,  in
      its  official  newspaper  or,  if  there  be no official newspaper, in a
      newspaper published in the  county  and  having  a  general  circulation
      within such town, notice that the study has been concluded and the time,
      date and place of the town public hearing on such study. Each town shall
      conduct a public hearing on the study, conducted pursuant to subdivision
      one of this section, not less than twenty days nor more than thirty days
      after publication of the notice of such public hearing.
        3.  The  town  board  of  each town party to the study shall conduct a
      public hearing upon the findings of such study, and shall hear testimony
      and receive evidence and information thereon with regard to the election
      of one town justice to preside over the  town  courts  of  the  adjacent
      towns which are parties to the joint resolution providing for the study.
        4. Within sixty days of the last public hearing upon a study conducted
      pursuant  to  subdivision  one of this section, town boards of each town
      which participated in such study shall determine whether the  town  will
      participate  in a joint plan providing for the election of a single town
      justice to preside in the town courts of two  or  more  adjacent  towns.
      Every  such  joint plan shall only be approved by a town by the adoption
      of a resolution by the town board providing for  the  adoption  of  such
      joint  plan.  In  the  event  two or more adjacent towns fail to adopt a
      joint plan, all proceedings authorized by this section  shall  terminate
      and  the  town  courts  of  such  towns  shall  continue  to  operate in
      accordance with the existing provisions of law.
        5. Upon the adoption of a joint plan by two or  more  adjacent  towns,
      the town boards of the towns adopting such plan shall each adopt a joint
      resolution providing for:
        a.  the  election  of a single town justice at large to preside in the
      town courts of the participating towns;
        b. the abolition of  the  existing  office  of  town  justice  in  the
      participating towns; and
        c.  the  election  of such single town justice shall occur at the next
      general election of town officers and every fourth year thereafter.
        6. Upon the adoption of a joint resolution, such resolution  shall  be
      forwarded  to  the  state  legislature, and shall constitute a municipal
      home rule message pursuant to article nine of the state constitution and
      the municipal home rule law. No such joint resolution shall take  effect
      until  state legislation enacting the joint resolution shall have become
      a law.
        7. Every town justice elected to preside in multiple towns pursuant to
      this section shall  have  jurisdiction  in  each  of  the  participating
      adjacent  towns,  shall  preside in the town courts of such towns, shall
      maintain separate records and dockets for each  town  court,  and  shall
    
      maintain  a separate bank account for each town court for the deposit of
      moneys received by each town court.
        8.  In  the  event  any  town  court operated pursuant to a joint plan
      enacted into law pursuant to this section is without the services of the
      single town justice because of absence or disability, the provisions  of
      section one hundred six of this article and the town law shall apply.