A 8681: Establishes a district court system in the county of Orleans; provides for its organization, jurisdiction and procedures.

  
  STATE OF NEW YORK ________________________________________________________________________ 8681 2025-2026 Regular Sessions  IN ASSEMBLY May 29, 2025 ___________ Introduced by M. of A. HAWLEY -- read once and referred to the Committee on Judiciary AN ACT to amend the uniform district court act, in relation to estab- lishing a district court system in the county of Orleans The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The uniform district court act is amended by adding a new 2 article 27 to read as follows: 3 ARTICLE XXVII 4 ORLEANS COUNTY DISTRICT COURT 5 PART 1 6 ORGANIZATION 7 Section 2700. Orleans county district court established. 8 2701. District court system; area and composition. 9 2702. District and number of judges therein. 10 2703. Qualifications of judges; restrictions on other activ- 11 ities; oath of office; powers. 12 2704. Salaries of judges. 13 2705. Board of judges. 14 2706. Access to facilities; payment of expenses. 15 2707. Time and place of holding court. 16 2708. Procedures relating to traffic offenses. 17 2709. Official seals. 18 2710. Appointment, compensation and removal of court clerks. 19 2711. Duties of court clerks. 20 § 2700. Orleans county district court established. 21 There shall be a district court system established in the county of 22 Orleans as herein provided. The Orleans county district court shall be 23 an inferior court, and the judges thereof shall have the civil and crim- 24 inal jurisdiction prescribed hereinafter consistent with this act. Such 25 court shall be a court of record and shall operate pursuant to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13195-01-5 
 A. 8681 2 1 provisions of this act and all rules and regulations as established by 2 the New York state office of court administration. 3 § 2701. District court system; area and composition. 4 The district court system of Orleans county shall be established on 5 the first day of January next succeeding one year from the general 6 election by a majority vote cast in the Orleans county general election 7 as approved by the legislature of the state of New York. 8 § 2702. District and number of judges therein. 9 The county district court system shall be a single judicial district 10 as follows: The entire district court system shall constitute the one 11 judicial district in which two full-time district court judges shall be 12 elected. The legislature of the county of Orleans, upon the recommenda- 13 tion of the board of judges of the district courts, increase the number 14 of judges provided that such new judicial post or posts shall be filled 15 for a full term at the next general election held not less than three 16 months after the creation thereof. 17 § 2703. Qualifications of judges; restrictions on other activities; oath 18 of office; powers. 19 1. No one shall be eligible to the office of judge unless they are a 20 resident elector in the district for which such person is elected or 21 appointed and shall have been admitted to practice law in this state for 22 at least five years. 23 2. No judge shall engage in the practice of law or hold any other 24 public office in the county. Each judge shall devote their whole time 25 and capacity to the duties of their office. Before entering upon their 26 duties, each judge elected or appointed pursuant to this article shall 27 take and file with the county clerk the oath of office prescribed by the 28 constitution. The judges may, by virtue of their offices, administer 29 oaths, take depositions and acknowledgments within the county and certi- 30 fy the same in the same manner and with like effect as judges of courts 31 of record. 32 § 2704. Salaries of judges. 33 The salary of each judge shall be as determined by the office of court 34 administration and such salaries shall be a charge against the state of 35 New York through the office of court administration. 36 § 2705. Board of judges. 37 1. The judges of the Orleans county district court, together with the 38 chairman of the Orleans county legislature and the supervisor from each 39 participating township shall constitute the board of judges of the coun- 40 ty. Only a judge elected from the district shall be the president. The 41 meetings of the board shall be public, except when such board shall be 42 in executive session, and, in so far as is practicable, shall be held at 43 regular intervals, and all its proceedings shall be recorded by its 44 secretary and shall be preserved. A majority of the members of the board 45 shall constitute a quorum. The board may by resolution provide for the 46 conduct of its meetings, the keeping and preservation of its minutes and 47 the public inspection thereof at reasonable times; for the order of 48 judicial business, the manner of its discharge and the maintenance of 49 order in and about the courts; for the establishment of parts of the 50 court; and for the assignment of judges to hold the several parts so 51 established. 52 2. The board of judges shall designate the number and general location 53 of the places, one or more for each judge, in which court shall be held. 54 The president of the board of judges shall preside and shall be entitled 55 to vote at all meetings of the board. In addition to all the powers of a 56 member of the board, the president shall exercise general supervision of 
 A. 8681 3 1 the business of the court and have such other powers as may be conferred 2 by resolution of the board. The president shall, whenever the president 3 deems it necessary for the prompt disposition of business, transfer 4 cases for trial or for all purposes from one judge to another. The acts 5 or directions of the president of the board of judges may be vacated, 6 amended or modified by a two-thirds vote of the members at a regular or 7 special meeting of the board. 8 3. The board of judges shall designate a clerk of the court to act as 9 secretary of the board and from time to time substitute another. Such 10 secretary shall serve without additional compensation. All necessary 11 disbursements of the board of judges and the secretary thereof shall be 12 a charge against the eighth judicial district and paid as other district 13 charges. 14 § 2706. Access to facilities; payment of expenses. 15 The judges of the court shall have access to, and possession of the 16 courtrooms and court offices and other places provided by the eighth 17 judicial district for the transaction of the business of the district 18 court. It shall be an obligation of the eighth judicial district to 19 supply and pay for whatever may be necessary for the transaction of the 20 business of said court and the judges thereof and to supply all proper 21 accommodations, books, stationery and furniture and to pay all salaries, 22 compensation and expenses and disbursements herein authorized; and the 23 proper county authorities shall annually include in the county budget, 24 chargeable only to the eighth judicial district, such sums as may be 25 necessary to pay the same. All fees and other revenue of the district 26 court system shall be credited to the eighth judicial district. 27 § 2707. Time and place of holding court. 28 It shall be the duty of the Orleans county legislature to provide 29 suitable places for holding court in accordance with the designation 30 made by the board of judges and the office of court administration as 31 hereinbefore provided. The judges shall hold court in one or more parts 32 as established and, on such days, as fixed by said board and at places 33 provided by the eighth judicial district or, in the event of failure to 34 provide such places, at any places designated by the board of judges and 35 the office of court administration. 36 § 2708. Procedures relating to traffic offenses. 37 1. The board of judges shall have the power to provide, by resolution, 38 a procedure to govern the payment of fines by any person accused of 39 violating any provision of any law, ordinance, rule or regulation relat- 40 ing to vehicular or pedestrian traffic, without appearing in person, 41 except in cases of speeding, reckless driving, leaving a scene of an 42 accident or any charge of a misdemeanor or felony or any charge which 43 may for reasons of public policy require the personal appearance of the 44 accused, for such period of time as shall be deemed in the public inter- 45 est; to fix the fine to be paid in each class of case within the minimum 46 and maximum amount set by law, ordinance, rule or regulation; to desig- 47 nate the place or places where such fines may be paid; to prescribe the 48 form of the summonses to be used and the manner in which the plea of 49 guilty shall be made; and the manner in which the money shall be paid. 50 2. Such procedure may provide that any person pleading "guilty", or 51 that a person pleading "not guilty" and asking that a date be set for 52 trial, may do so through a representative or by mail and may further 53 provide that the clerk of the court set such date for trial. 54 3. No resolution providing such procedure shall be effective until a 55 certified copy thereof shall have been filed with the county clerk. 
 A. 8681 4 1 4. Whenever any summons is issued involving a provision of any law, 2 ordinance, rule or regulation relating to motor vehicle parking and the 3 procedure for such violation is provided under this section, the member 4 of the police force or any other peace officer serving said summons, in 5 lieu of inserting in the summons the name of the person summoned, may 6 insert therein, in the space provided for the insertion of the name of 7 the person summoned, the words "registered owner of motor vehicle bear- 8 ing license", said words to be followed by the license designation or 9 identification as shown by the license plates on said motor vehicle 10 parked in violation of the law, ordinance, rule or regulation as afore- 11 said; and said summons may be served upon said registered owner by a 12 member of the police force or other peace officer by affixing the 13 summons to said motor vehicle in some conspicuous place where it is 14 likely to be seen by an operator thereof. An operator of the motor vehi- 15 cle, for the purposes of this section, if not the owner thereof, shall 16 be deemed to be the agent of such registered owner to receive said 17 summons served in the manner aforesaid; and service made in the manner 18 provided shall be deemed to be lawful service upon the registered owner 19 of the motor vehicle to which the summons is affixed. For the purpose 20 of the service of the summons as herein provided, the registration 21 records of the motor vehicle department of the state in which the motor 22 vehicle is registered shall be conclusive evidence as to the registered 23 owner of the motor vehicle. When a summons is issued and served as 24 authorized in this section, the information sworn to may charge the 25 violation in the same manner and any further proceedings authorized in 26 this section may be had and recorded in the name of the "registered 27 owner of motor vehicle bearing license", said words to be followed by 28 the license designation or identification as shown by the license 29 plates. 30 § 2709. Official seals. 31 The district court shall have an official seal on which shall be 32 engraved the arms of the state of New York, the name of the court, the 33 county and the district. Seals shall be furnished at the expense of the 34 eighth judicial district. 35 § 2710. Appointment, compensation and removal of court clerks. 36 The office of court administration shall appoint such number of court 37 clerks and, subject to the applicable civil service laws, such addi- 38 tional court clerks, deputy court clerks, stenographers and other 39 assistants and employees in the clerk's office as may be necessary. 40 Court clerks and deputy court clerks shall, at the time of their 41 appointments, be residents of Orleans county, and removal of any of them 42 from Orleans county shall vacate the office. All the officers and 43 employees provided by this section shall receive compensation to be 44 fixed by the members of the county legislature and/or the office of 45 court administration (pursuant to office of court administration 46 requirements), which salaries, together with other expenses of their 47 offices, as provided by the annual budget, shall be a charge against the 48 eighth judicial district. Any court clerk or deputy court clerk may be 49 removed by the board of judges for cause, provided that written charges 50 are first filed with the board of judges and that such court clerk or 51 deputy court clerk be given due notice thereof and be afforded an oppor- 52 tunity to be heard; and the president of the board of judges may, in the 53 president's discretion, suspend such court clerk or deputy court clerk 54 from the performance of their official duties pending a hearing upon the 55 charges. Upon charges being preferred against a court clerk or deputy 56 court clerk by a judge of the district court, the board of judges shall 
 A. 8681 5 1 forthwith cause notice of suspension of such court clerk or deputy court 2 clerk to be served upon such clerk, and such court clerk or deputy court 3 clerk shall thereupon remain suspended until the hearing and determi- 4 nation of the charges. 5 § 2711. Duties of court clerks. 6 The court clerk shall: 7 1. Exercise the powers conferred and perform the duties imposed upon 8 them by this chapter and the rules and resolutions of the board of judg- 9 es and those usually appertaining to their offices and, in the exercise 10 of such powers and the performance of such duties, conform to the direc- 11 tion of the court. 12 2. Keep the seal of the court and affix it to such papers and docu- 13 ments as they may be required to certify. 14 3. Keep a docket book in such manner as the rules may prescribe, and 15 all other records and proceedings of the court, and act as custodian of 16 all documents, books and records. 17 4. Keep the office open for the transaction of business during the 18 hours designated by the rules and resolutions of the board of judges. 19 5. Attend the sittings of the court, administer oaths and take 20 acknowledgments in the same manner and with like effect as clerks in 21 courts of record, receive verdicts of juries and, in a proper case, 22 adjourn causes or, when no judge appears, adjourn causes to the next 23 judicial day. Deputy court clerks and clerks other than the court clerk 24 shall have like power and authority by designation of the president of 25 the board of judges. 26 6. Assume charge and control of, and be responsible for, the general 27 conduct of the business of their office and for the faithful discharge 28 of the duties of deputy and assistant clerks and other officers 29 connected with the court. 30 7. Collect and receive all the fees and account for and pay the same 31 into the county treasury at such times as the county treasurer may 32 prescribe, which account shall contain the title of each case and the 33 amount of fees received therein; and the salary of such clerk shall not 34 be paid until they shall have so accounted and paid. The county clerk 35 shall perform no service until they shall have received the legal fees 36 therefor. 37 8. Deliver to their successor in office the official seal and all 38 papers, books and records on file in their office. 39 PART 2 40 CIVIL AND CRIMINAL JURISDICTION AND PROCEDURE 41 Section 2720. Application of the uniform district court act. 42 2721. Enforcement officer. 43 2722. Disposition of fines and penalties. 44 § 2720. Application of the uniform district court act. 45 The civil and criminal jurisdiction of and practice and procedure in 46 the Orleans county district court shall be as set forth in this act. 47 § 2721. Enforcement officer. 48 The sheriff of Orleans county is hereby designated the enforcement 49 officer for the Orleans county district court. 50 § 2722. Disposition of fines and penalties. 51 All fines and penalties imposed and collected by any judge of the 52 court sitting as a court of special sessions or as a magistrate's court 53 shall be paid over to the county treasurer and be credited by the county 54 treasurer to the eighth judicial district, except as follows: 
 A. 8681 6 1 1. Fines and penalties collected in cases arising out of the violation 2 of the ordinances or regulations of any town or village shall be paid at 3 least monthly into the treasury of such town or village. 4 2. Fines and penalties which by any general state law are payable to 5 the state of New York or to any department, commission or agency thereof 6 shall be paid as in such general state law provided at least monthly. 7 3. Fines and penalties collected for violation of the conservation law 8 and of laws and ordinances in relation to the use of the public highways 9 by motor vehicles, trailers and motorcycles shall be disposed of as now 10 or hereafter required by law and credited to the eighth judicial 11 district. 12 4. Fines and penalties, which by general state laws, but for this 13 section, would be required to be paid to a town or any officer of a 14 town, shall be paid instead to the county treasurer and credited to the 15 eighth judicial district. 16 PART 3 17 GENERAL PROVISIONS 18 Section 2730. Death or removal of judge not to affect proceedings. 19 2731. Presumption of regularity. 20 2732. Vote on creation of the district court system. 21 2733. Pending actions and proceedings. 22 2734. Construction. 23 2735. Separability. 24 § 2730. Death or removal of judge not to affect proceedings. 25 No process, action, judgment, execution or proceeding shall abate or 26 be discontinued by reason of the death, removal from office or vacancy 27 in office of any judge, but another judge shall proceed to hear, try, 28 determine and give judgment in and upon the same, and upon all matters 29 and things pending and undecided or not acted upon. 30 § 2731. Presumption of regularity. 31 The presumption of regularity shall attach to the proceedings, judg- 32 ments, orders and final orders of this court, and every fair intendment 33 shall be made in favor of its jurisdiction. 34 § 2732. Vote on creation of the district court system. 35 At the general election to be held in two thousand twenty-six there 36 shall be submitted to all the electors of the various towns of Orleans 37 county, including the electors within incorporated villages, the follow- 38 ing two propositions, provided not less than one hundred twenty days 39 before such election the town board of such town adopts a resolution 40 authorizing such submission and a copy thereof, duly certified by the 41 clerk of such board, shall have been filed with the board of elections 42 of the county and resolutions are filed by at least three contiguous 43 towns and each town submitting such resolution is contiguous to another 44 town submitting the same: 45 1. "Shall the Orleans County District Court System be created?" 46 2. "If the Orleans County District Court System shall be created, 47 shall the office of the justice of the peace be abolished within the 48 county?" 49 If the Orleans county district court system shall be created and the 50 voters approve the proposition to abolish the office of justice of the 51 peace, then said office of each of the incumbent justices of the peace 52 shall be deemed abolished at the time when the existing term of each 53 such incumbent justice of the peace expires. 54 § 2733. Pending actions and proceedings. 
 A. 8681 7 1 1. No action or proceeding, civil or criminal, pending at the time 2 when this article shall take effect, shall be affected or abated by the 3 passage of this article or by anything herein contained. All actions or 4 proceedings, civil or criminal, pending in a city court, local court, 5 village court, magistrate's court or the court of special sessions shall 6 be transferred to the Orleans county district court upon the approval of 7 the propositions described in section twenty-seven hundred thirty-two of 8 this part. 9 2. For the purpose of the disposition of such actions and proceedings 10 only, the jurisdiction of the Orleans county district court shall be 11 deemed: 12 (a) expanded to that of the abolished court whenever necessary to 13 sustain the jurisdiction of the Orleans county district court over such 14 action or proceeding if the abolished court has jurisdiction of the 15 same; and 16 (b) contracted to that of the abolished court so as to prevent the 17 Orleans county district court from giving relief of such nature or in 18 such amount as could not be given by the abolished court. 19 3. Except as provided for in the foregoing, practice and procedure in 20 such actions and proceedings shall be as if the same were instituted in 21 the Orleans county district court after the effective date of this arti- 22 cle. But if the court shall find that a practice or procedure is neces- 23 sary to the disposition of such action or proceeding, the court may 24 permit recourse to or completion of the same. 25 4. All warrants theretofore issued by a judge, justice or magistrate 26 of a city court, local court, village court, magistrate's court or the 27 court of special sessions, prior to the effective date of this article 28 shall be deemed valid warrants of the Orleans county district court and 29 be returnable therein. 30 § 2734. Construction. 31 The provisions of this article relating to the Orleans county district 32 court and procedure therein shall be liberally construed in furtherance 33 of justice. 34 § 2735. Separability. 35 If any clause, sentence, paragraph, section or part of this article 36 shall be adjudged by any court of competent jurisdiction to be invalid, 37 such judgment shall not affect, impair or invalidate the remainder ther- 38 eof, but shall be confined in its operation to the clause, sentence, 39 paragraph, section, or part thereof directly involved in the controversy 40 in which such judgment shall have been rendered. 41 § 2. This act shall take effect immediately.