Section 1690. Authority of the Nassau county district court judicial hearing officer


Latest version.
  • 1. Notwithstanding any other provision of law, where the trial
      of a traffic or parking infraction is authorized or required to be tried
      before  the  Nassau  county district court, and such traffic and parking
      infraction does not  constitute  a  misdemeanor,  felony,  violation  of
      subdivision  one  of section eleven hundred ninety-two, subdivision five
      of  section   eleven   hundred   ninety-two,   section   three   hundred
      ninety-seven-a,  or  subdivision (g) of section eleven hundred eighty of
      this chapter, or a violation of paragraph (b)  of  subdivision  four  of
      section fourteen-f or clause (b) of subparagraph (iii) of paragraph d of
      subdivision  two of section one hundred forty of the transportation law,
      or any offense that is part of the same criminal  transaction,  as  that
      term  is  defined  in  subdivision  two of section 40.10 of the criminal
      procedure law, as such a misdemeanor, felony, violation  of  subdivision
      one  of  section  eleven  hundred ninety-two, subdivision two of section
      eleven hundred  ninety-two,  section  three  hundred  ninety-seven-a  or
      subdivision  (g)  of section eleven hundred eighty of this chapter, or a
      violation of paragraph (b) of subdivision four of section fourteen-f  or
      clause  (b)  of  subparagraph (iii) of paragraph d of subdivision two of
      section one hundred forty of the transportation law, the  administrative
      judge  of  the  county  in  which the trial court is located, may assign
      judicial hearing officers to conduct such a trial. Such judicial hearing
      officers shall be village court justices or  retired  judges  either  of
      which  shall  have at least two years of experience conducting trials of
      traffic and parking violations cases and shall be admitted  to  practice
      law  in  this state. Where such assignment is made, the judicial hearing
      officer shall entertain the case in the  same  manner  as  a  court  and
      shall:
        (a) determine all questions of law;
        (b) act as the exclusive trier of all issues of fact;
        (c) render a verdict;
        (d) impose sentence; or
        (e) dispose of the case in any manner provided by law.
        2.  In  the  discharge  of  this  responsibility, the judicial hearing
      officer shall have the same powers as a judge of the court in which  the
      proceeding is pending. The rules of evidence and reasonable doubt burden
      of  proof shall be applicable at a trial conducted by a judicial hearing
      officer.
        3. Any action taken by a judicial hearing officer in the conduct of  a
      trial  or  other  disposition  thereof shall be deemed the action of the
      court in which the proceeding is pending.
        4. Judicial hearing officers are  prohibited  from  appearing  in  any
      capacity  other  than  as  a judicial hearing officer in any part of the
      Nassau county district court  on  any  matter  relating  to  traffic  or
      parking  violations  and  are  further  prohibited from appearing in any
      capacity other than as a judicial hearing officer in any other court  or
      administrative  tribunal  on  any  matter relating to traffic or parking
      violations.