Authorizes the appointment of an additional acting village justice by villages.
TITLE OF BILL: An act to amend the village law, in relation to authorizing the appointment of an additional acting village justice by villages
This bill would allow for in the event that a village has one justice, it may provide for an additional acting village justice if the village justice requests one, or if the justice or acting justice is absent or unable to serve.
SUMMARY OF PROVISIONS:
Section one amends section 3-301 of the village law to allow a village that has one justice, may by unanimous resolution of its board of trustees, to authorize the appointment of a second acting village justice to serve when requested by the village justice or in the absence or inability of the village justice or acting village justice to serve.
Section two is the effective date.
Villages in New York are often lacking the appropriate number of justices which has resulted in overburdening existing justices with unworkable caseloads, delaying justice to residents who rely on the courts to resolve their disputes. By authorizing villages to provide for an additional acting village justice, it would ensure that village courts have the capacity to fairly and efficiently adjudicate cases.
This is a new bill.
None to the State.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6312 IN SENATE January 13, 2014 ___________Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the village law, in relation to authorizing the appoint- ment of an additional acting village justice by villages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 2 of section 3-301 of the village law, as amended by chapter 555 of the laws of 2006, is amended to read as follows: a. except as provided in section 3-303 of this article, no more than two village justices, but in the event a village has one justice, it shall also have an acting justice who shall serve when requested by the village justice or in the absence or inability of the village justice to serve. A VILLAGE THAT HAS ONE JUSTICE, MAY ADOPT A RESOLUTION ON UNANI- MOUS CONSENT OF THE VILLAGE BOARD OF TRUSTEES TO AUTHORIZE THE APPOINT- MENT OF A SECOND ACTING VILLAGE JUSTICE TO SERVE WHEN REQUESTED BY THE VILLAGE JUSTICE OR IN THE ABSENCE OR INABILITY OF THE VILLAGE JUSTICE OR ACTING VILLAGE JUSTICE TO SERVE. The office of village justice is continued in every village in which it is now established. The board of trustees of any other village may establish such office by resolution or local law, subject to a permissive referendum. The board of trustees of any village by resolution or local law, subject to permissive referen- dum, may abolish such office, but to take effect only upon the expira- tion of the then current term of such office, or establish the office of additional village justices, which justice once elected shall have all the powers and duties of a village justice. The resolution or local law in the latter case shall provide for a term pursuant to section 3-302 of this article. The clerk of the court of a village shall be discharged from employment only upon the advice and consent of the village justice or justices when the clerk, in his or her village duties, works solely for the village justice or justices. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13468-01-4