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New York Uniform Justice Court - Article 23 - § 2300 Application of This Act

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Uniform Justice Court 
 
  § 2300. Application of this act.
    (a)  Reference  to  UJCA. All references to the "uniform justice court
  act" or to the "UJCA" in  any  law  of  the  state  shall  be  deemed  a
  reference to this act or to the appropriate portions thereof.
    (b) Courts to which applicable.
    1. Town and village courts. This act shall apply to:
    (i)  every  court in the state which is established in and for a town,
  whether denominated "justice court", "justice's court", "justice of  the
  peace",  "town  court",  "office  of justice of the peace", or any other
  combination of words denoting the office or court commonly known as that
  of justice of the peace of a town; and
    (ii) every court in the state  which  is  established  in  and  for  a
  village, whether denominated "village court", "village justice", "police
  justice",  "police court", "village police justice", "village justice of
  the peace", "office of village police justice", or any other combination
  of words denoting the office or court commonly known as that of  village
  police  justice,  except  as  provided  by subdivision (d) (2) regarding
  areas of a district court.
    2. City courts. The applicability of this act to courts established in
  and for cities outside the city of New York, regardless of the  name  or
  designation  of  such  courts,  shall  be  as  provided in the following
  subparagraphs.
    (i) Civil jurisdiction. If the court has civil  jurisdiction,  but  in
  its exercise is governed by the UCCA pursuant to either paragraph one or
  three  of UCCA § 2300(c), no part of this act shall apply to such court.
  If the court exercised  civil  jurisdiction  immediately  prior  to  the
  effective date of this act and in the exercise thereof the court was and
  is not governed by the UCCA pursuant to either paragraph one or three of
  UCCA  § 2300(c),  this  act,  with  the exception of article 20 and such
  other provisions hereof as are concerned with the criminal practice  and
  procedure,  shall  apply  to  the  court.  In  such  instance, the basic
  monetary jurisdiction of the court, for purposes of article two of  this
  act,  shall  be  as elsewhere provided by law for such court; and if the
  law providing for the monetary jurisdiction  of  such  court  states  no
  monetary figure, but adopts by reference such figure as is supplied by a
  different  law,  the  reference  shall  be  disregarded and the monetary
  jurisdiction of such court, for purposes of article  two  of  this  act,
  shall be $500.
    (ii)  Criminal  jurisdiction.  Article  20 of this act, and such other
  portions hereof as are concerned exclusively with criminal jurisdiction,
  practice or procedure, shall not apply to any court established  in  and
  for a city.
    (c)  Matters  not  governed by this act. The following, with regard to
  each court to which this act is applicable as above provided, shall  not
  be  governed  by this act but shall be governed by such other provisions
  of law as may be applicable to each such court:
    1. All matters regarding justices of a court to which this act applies
  such as are set forth with regard to justices of the  supreme  court  in
  subdivision  (b)  of  section twenty of article six of the constitution;
  and all matters regarding the  selection,  tenure  and  compensation  of
  justices, unless this act makes express provision therefor.
    2.  Matters  regarding expenses of the court and matters regarding the
  duties of justices and employees of the court to  account  for  and  pay
  over fines, penalties, fees and any other monies received by them.
    3.  Matters  regarding  the  selection,  tenure  and  compensation  of
  non-judicial employees, including enforcement officers.
    (d) 1. No court established or abolished. This  act  is  not  intended
  either to establish or to abolish any court in the state.

    2. Village courts in district court areas. Notwithstanding subdivision
  (b) (1) (ii) of this section, a village court situated within a district
  of any district court shall not have the civil jurisdiction conferred in
  article  two of this act, and its criminal jurisdiction shall be limited
  to   that   provided   for  in  the  act  creating,  or  regulating  the
  administration of, such district court.
    (e) Preparation for UJCA. The appellate division of each department in
  which are located courts to which this act applies in whole or  in  part
  is empowered as of the time this act is approved by the governor to take
  all  needful  measures  to  the  end  that such courts to which this act
  applies be ready for operation hereunder on the effective date  of  this
  act.  In  addition  to  the  powers  otherwise  conferred  by  law,  any
  municipality in which is located a court to which this act applies shall
  have the power to appropriate and spend money in the manner provided  by
  law for the cost of transition under this act.
    (f)  Acts  repealed.  Chapter nine hundred thirty-seven of the laws of
  nineteen hundred twenty, constituting the justice  court  act,  and  all
  acts amendatory thereof, are hereby REPEALED.

Last modified: March 9, 2013