New York Second Class Cities Law Section 187 - Clerk.

187. Clerk. The police justice shall have a clerk of the court, who shall be the confidential appointee of said justice, and who shall have the power to take informations upon which warrants for the arrest of persons charged with the commission of crimes may be issued by said justice. The clerk shall also have the power to issue and sign subpoenas, to administer oaths to witnesses, to make and sign executions, commitments and certificates of conviction and to certify to and sign copies thereof for the execution of any judgment rendered in police court, as police justice or as a court of special sessions. The clerk of the court shall receive all penalties and other moneys or fees payable in such court, and shall pay the same into the city treasury once in each week, and shall file with the comptroller, monthly, an itemized statement of the same. The said justice shall have such other clerical assistance as the board of estimate and apportionment may prescribe; and, if said board creates the office of deputy clerk, then said deputy clerk shall have the same powers as the clerk of the court. All clerks appointed by the justice shall serve during his pleasure. Said appointments shall be in writing and filed with the clerk of the county in which the city is located and with the city clerk. Said clerk and deputy, if any, before entering upon the discharge of the duties of their respective offices shall each execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the common council. The police justice may appoint, and at pleasure remove, a police court attendant, who shall perform such services as may be required of him by the police justice and shall be subject to the order and control of said justice and of no other person. He shall be in the exempt class of the civil service, and shall receive such salary as shall be fixed by the board of estimate and apportionment. The police justice may appoint a member of the police department to said position, and in such case said appointee shall be paid upon the certificate of the police justice from the same fund as other police officers, and when he shall retire from office he shall be reassigned to duty by the chief of police to the rank from which he came.


Last modified: February 3, 2019