N.Y. General Municipal Law § 374: Traffic prosecutor selection and oversight

§ 374. Traffic prosecutor selection and oversight. (a) The executive

director of the Nassau county traffic and parking violations agency, and

the executive director of the Suffolk county traffic and parking

violations agency, appointed pursuant to subdivision (b) of this

section, shall select and may contract with or hire one or more persons

who are attorneys, duly admitted to the practice of law in New York

state for the prosecution of any traffic and parking infraction, except

those described in paragraphs (a), (b), (c), (d), (e) and (f) of

subdivision two of section three hundred seventy-one of this article, to

be heard, tried or otherwise disposed of by the district court of Nassau

county in the case of an attorney selected by the Nassau county

executive director, or by the district court of Suffolk county, in the

case of an attorney selected by the Suffolk county executive director.

Such persons shall be known as "traffic prosecutors", as that term is

defined in section three hundred seventy-a of this article. Traffic

prosecutors shall have the same power as a district attorney would

otherwise have in the prosecution of any traffic or parking infraction

which may, pursuant to the jurisdictional provisions of section three

hundred seventy-one of this article, be prosecuted before the district

court of Nassau county or the district court of Suffolk county, if the

traffic violation occurred in Suffolk county. The executive director

shall give active consideration to requiring that such traffic

prosecutors serve on a full-time basis. Traffic prosecutors are

prohibited from appearing in any capacity other than as a traffic

prosecutor in any part of the Nassau county district court or the

Suffolk county district court, if the traffic violation occurred in

Suffolk county on any matter relating to traffic or parking violations

and are further prohibited from appearing in any capacity other than as

a traffic prosecutor in any other court or administrative tribunal on

any matter relating to traffic or parking violations.

(b) The county executive of the county of Nassau shall appoint a

person to serve as the executive director of the Nassau county traffic

and parking violations agency subject to the confirmation of the county

legislature of the county of Nassau. The county executive of the county

of Suffolk shall appoint a person to serve as the executive director of

the Suffolk county traffic and parking violations agency subject to the

confirmation of the county legislature of the county of Suffolk. The

executive director shall be responsible for the oversight and

administration of the agency. The executive director of Nassau county is

prohibited from appearing in any capacity in any part of the Nassau

county district court and the executive director of Suffolk county is

prohibited from appearing in any capacity in any part of the Suffolk

county district court on any matter relating to traffic or parking

violations and is further prohibited from appearing in any capacity in

any other court or administrative tribunal on any matter relating to

traffic or parking violations.

(c) It shall be a misdemeanor for the executive director, any traffic

prosecutor or any judicial hearing officer assigned to hear traffic or

parking violations cases pursuant to section one thousand six hundred

ninety of the vehicle and traffic law to establish any quota of traffic

violation convictions which must be obtained by any traffic prosecutor

or judicial hearing officer. Nothing contained herein shall prohibit the

taking of any job action against a traffic prosecutor or judicial

hearing officer for failure to satisfactorily perform such prosecutor's

or officer's job assignment except that the employment productivity of

such prosecutor or officer shall not be measured by the attainment or

nonattainment of any conviction quota. For the purposes of this section

a conviction quota shall mean a specific number of convictions which

must be obtained within a specific time period.

(d) The legislature of the county of Nassau may appropriate those

monies which, in the legislature's sole discretion, are necessary for

the compensation of those persons selected to serve as executive

director and traffic prosecutors and to cover all other expenses

associated with the administration of the Nassau county traffic and

parking violations agency.

(e) The legislature of the county of Suffolk may appropriate those

monies which, in the legislature's sole discretion, are necessary for

the compensation of those persons selected to serve as executive

director and traffic prosecutors and to cover all other expenses

associated with the administration of the Suffolk county traffic and

parking violations agency.