ARTICLE V - VILLAGE JUSTICE

Text relating to Ilion Laws has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

ARTICLE V, Village Justice

C-22. Election; term of office; powers and duties; salary; bond.

At the annual election of officers under this act, to be held on the first Tuesday of March 1896, and at every fourth annual election thereafter, there shall be elected a Village Justice, who shall hold office for four (4) years from and after the first day of April next ensuing his election. Such Village Justice shall have, within the village, and in cases where the alleged crime or misdemeanor shall have been committed within the village, exclusive jurisdiction, except as hereinafter provided, to issue all warrants or other process, to hear and determine all complaints and to conduct all examinations and trials in criminal cases that may now, by law, be had by or before a Village Justice or before a court of special sessions and shall have the same power and jurisdiction in such criminal cases that Village Justices now have by law or which may hereafter be conferred upon them and shall also have jurisdiction in all cases of violation of local laws, bylaws or regulations of the village of which he is a Village Justice. He shall also have authority to administer oaths in verification of accounts and claims against the village but shall have no other civil jurisdiction. He shall receive for his services an annual salary to be fixed by the Board of Trustees, payable monthly, and which may be altered or changed by the Board of Trustees from time to time, but which shall not be decreased during his term of office, but he shall not retain to his own use any costs or fees. Said Justice shall be subject to the same liabilities and his judgments and proceedings may be reviewed in the same manner and to the same extent as now, by law, provided in cases of Justices or Courts of Special Sessions. It shall be the duty of the several Justices of the Town of German Flatts, during the sickness, absence from the village or inability to act of said Village Justice or during a vacancy in said office, to render the same services and perform the same duties, and they shall be entitled to receive the same fees therefore as though no Village Justice has been elected or appointed in such village, but it shall not be lawful for said Justices to make any charge against such village or town or county in which the same is situated for services rendered in or respecting criminal cases, trials or examinations in such village or where the subject matter thereof arose in such village, except during the sickness, absence from the village or inability to act of said Village Justice or during a vacancy in such office. Such Village Justice shall be entitled to demand and receive the same fees and compensation for his services that Justices are or may be, by law, entitled to receive, but such fees and compensation shall be paid over by him within thirty (30) days after their receipt to the Treasurer of said village. All fines and penalties recovered before said Village Justice shall be paid over by him to the Treasurer of said village within thirty (30) days after the receipt thereof by him. The Clerk of said village shall, within ten (10) days after the election or appointment of such Village Justice, certify such election or appointment to the Clerk of Herkimer County; and the person so elected or appointed shall, within ten (10) days after being notified and before entering upon the duties of his office, take and subscribe before said County Clerk the oath or oaths required by law of Justices, and he shall also, within said ten (10) days and before entering upon the duties of his office, execute and file with the Treasurer of the village the bond or undertaking now or hereafter required of Justices, said bond to be approved as to its form and the sufficiency of its sureties by the Board of Trustees. Every neglect to take and subscribe such oath or oaths and to execute and file such bond shall be deemed a refusal to serve.

C-23. Records and reports.

It shall be the duty of said Village Justice to provide a suitable book and therein to enter and keep a record of the several complaints made before him in which a warrant or other process for the arrest of any person accused shall be granted and of all cases in which the offender or person accused shall be brought before him without process, which record shall contain, under the proper data, a brief statement of the names of the parties, the nature of the offense charged, the action of said Village Justice thereon and an accurate account of all fines, penalties and costs imposed or collected by him or which may be ordered to be paid by any offender, and annually, at least two (2) weeks before the time appointed for holding the charter election of said village, and oftener when required by resolution of the Board of Trustees, he shall make a report, in writing, to the Clerk of the village of all fines, penalties and costs imposed and collected by him.

C-24. Vacancy.

If a vacancy occurs otherwise than by expiration of term in said office, the Board of Trustees shall order an election to fill such vacancy at the next annual election for village officers and, in the meantime, must fill the vacancy by appointment.

C-25. Imprisonment.

In all cases of imprisonment of persons charged with the commission of any offense or under sentence on conviction of any offense within the jurisdiction of the Village Court of said village, such imprisonment shall be in the county where such offense was actually committed or in the penitentiary nearest such village, unless the county in which such offense was committed has a contract with some penal institution, in which case the imprisonment, if not in such county, shall be in the penal institution with which there is such contract.

C-26. Civil jurisdiction.

The civil jurisdiction of Village Justices within said village shall be limited to cases in which said village is a party in interest. All the provisions of Article V of this act shall, from and after the time it shall take effect, apply to the Village Justice, now in office in said village, during the remainder of his term and to the Village Court therein and to the jurisdiction, powers and duties of Justices within said village and their jurisdiction, powers and duties as to offenses committed therein.

C-27. Acting Village Justice.

A. Section 3-301(2)(a) of the New York Village Law states that a village may have no more than two (2) village justices. However, if a village has only one (1) justice, it must also have an acting justice, who must serve when the village justice so requests, or in the absence or inability of the village justice to serve. Thus, if the village justice is unavailable, due to absence or inability to serve, the acting justice is to carry on in his stead. The purpose of this local law is, therefore, to create the position of acting village justice for the Village of Ilion.

B. The position of acting village justice shall be an appointed position. Specifically, the acting village justice shall be appointed by the Mayor, subject to the approval of the village board of the Village of Ilion.

C. The term of office of the acting justice shall not exceed four (4) years, and the appointment of an acting village justice each time the position becomes available shall specifically state the period of time for which the appointment is being made. Currently the term of office of the village justice of the Village of Ilion, which is an elective position, is four (4) years. In light of the integral relationship between the positions of village justice and acting village justice, it is anticipated that when the Mayor appoints an acting village justice (subject to approval by the village board, his or her term will run concurrently with the term of the village justice, and will not extend beyond it. The acting village justice may be re-appointed for an additional term or terms at the pleasure of the Mayor (again, subject to approval by the village board).

D. The amount of compensation to be paid to the acting village justice of the Village of Ilion, and the manner in which said compensation shall be paid, shall be established by the Village Board of the Village of Ilion, and shall be subject to change from time to time.

E. Candidates for the position of acting village justice of the Village of Ilion, must be residents of Herkimer County, but need not be residents of the Village of Ilion.,

F. The New York State Constitution requires that justices of village courts, who are not attorneys, be required to undergo a course of training and education prescribed by the New York State Legislature. Before being placed in the position of hearing and determining cases for the Village of Ilion, the acting village justice must comply with all education and training requirements imposed upon village justices by the State of New York. The cost incurred in having the acting village justice meet said education and training requirements shall be borne by the Village of Ilion.

G. Section C-22 of the Village of Ilion Code states in part, "It shall be the duty of the several justices of the Town of German Flatts, during the sickness, absence from the village, or inability to act of said village justice, or during a vacancy in said office to render the same services and perform the same duties, and they shall be entitled to receive the same fees therefore as though no village justice has been elected or appointed in said village...". Said Village Charter provision shall remain intact except that the obligation imposed upon the Town Justices of the Town of German Flatts shall exist only if both the Village Justice of the Village of Ilion and the acting village justice of the Village of Ilion are absent or unable to perform their duties.