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Opinion 09-116
July 7, 7009
Hon.
Dear Justice
inquiry 09-116} asking whether you may authorize the Mayor,
This res onds to your inq Y
the Treasurer an t e Vi lage ler to be signatories on t e own ustice s an account. In
ou ave a copy, t e Committee state tat: fined that a
ispinion�d 135, of W ich y The New York State Comptroller has op
because a town justice must deposit atl monies received
town justice is personally responsible for monies received by the justice court. Opns t
YCRR
Comp, 1983 No. 83-174. In addition,
all fees and fine monies received by the court to the State comptroller
in his or her judicial capacity in a separate bank account in his or her name (I - N
214.9), and must pay
it is the Committee's view
Within the first ten days of the month following collection (State Finance Law 5 a,
Law 527; Village Law 54-410, Uniform Justice Court Act §2021),�— --
that the town supervisor should not be a slgnat °n the town ustice's bank account_
Based on this prior Opinion, the Committee advises that o cho �t
d tJ�e snty
si natory on the a°._ m�t�o�ler bank
aster aUn whether this is still current po icy.the Office of
the New York 1
Very truly yours,
George D. Marlow
Justice of the supreme Court
Committee Chair
12/271201.1
http://www.nycourts.gov/ip/judicialetivcs/opinions/09-116.htm
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NYS CDURTS page 1 of 1
Opinion 10-93
June 10, 2010
should not permit a town employee who is not subject to the town
A town justice s
eest_ l and control to transport funds the court receives to the bank for
justice's supervision
deposit. 04-135;
22 NYCRR 100.3. 100.3(A); 100.3(C)(1) and (2); 214.9(ar Opinions 09-b); Uniform
Rules; Village Law §4 410( )( );
state Finance Law §94-a(1); Town Law §27(1 p No. 83-174.
Justice Court Act 52021(1); 1983 Ops St Comp
pOpinion: employee who is
A part-time town justice asks whether it is permissible to permit a town
not subject to the town justice's supervision to transport
the rcourt
funds receives to the bank for eposit ithe court receives to the bank s
deposit. According to the judge, transporting
now the court clerk's responsibility. However, to cut administrative costs, the town boar
be town off town ices to he bank for deposit the town justice's supervision transport
proposes to have
e who is not subject to
all funds receivedY
A judge's judicial duties take precedence over all the judge's otherincperforming e include all
the duties of a judge's office prescribed by law (see 22 NYCRR 100 ponsi
duties, a judge must diligently discharge his/her administrative responsibilities (see 22 NYCRR
100.3 and 100.3[C][1]).
With respect to bank deposits, the Uniform Rules for the Trial Courts require every town
justice to "deposit, as soon as practicable, all monies received in his or her judicial capacity in a
2 NYCRR 2
separate bank account in his or her name as such judicial officer..."justice s personally responsible for
The New York State Comptroller has advised that a town j
monies that the justice court receives (see 1983 Ops St Comp No. 83 174 [opining that receipt is
therefore "obvious" that a justice must have direct supervision and control over the aid to the state
handling of the funds])• Such monies must
22 NYCRRt2a4 9[a]) and must t into the town hen'be separate bank
account within 72 hours after receipt ( I light 5
Comptroller within the first ten days of the monthbollow Ju ticeeCourt(Act 52071[1])a�i ligce Lawht
f
Village Law §4-410[1][ ]; t1 s
a[1]; Town Law §27[1]; personal responsibilit for the monies receive ,
this statutory scheme and the town justice's p
ma or�-treasurer or A /age clerasa e tatato to be a signal ry on t e town justice'is bank account (seieor,
Y
pinions 09-1 6; 0 13 )•
For similar reasons, it is the Committee's view that the inquiring town justice should not
permit a town employee who is not subject to the town justice's supervision to transport funds the
22 NYCRR 100.3[C][2] [a
court receives to the bank for deposit. Such deposits should be made only by the town justice or
court employee subject to the town justice's supervision and control judge's
direction
c s St Comp control
83
judge shall require staff, court officials and others subject to the judge's direction and contNo.rol to
l to the judge]; P
observe the standards of fidelity and diligence that app Y
174 ["only court personnel subject to the direction and control of the justice should receive,
handle and deposit court monies"D.
http://www.itycotuts.govlip/judicialethics/opinions/10-93.htm
12/27/201 l