N.Y. Judiciary Law § 328: Designation of temporary stenographers to take place of or in addition to official stenographers

§ 328. Designation of temporary stenographers to take place of or in

addition to official stenographers. 1. In case of the absence by reason

of illness, or other cause, of the official stenographer to any grand

jury in any county of this state, the district attorney of the county

may designate a stenographer to perform the duties of such official

stenographer during such absence, and the stenographer so designated

shall receive the compensation which the official stenographer would

have received for the same service, and the same shall be deducted from

the salary of the official stenographer.

2. Whenever it shall appear to the judge or justice presiding at a

term of court for which a grand jury has been drawn that the public

welfare will be promoted by a more expeditious disposition of the

offenses to be inquired into by such grand jury or that the volume of

business to be taken up and disposed of by it requires it, he may make

an order directing the district attorney of the county in which such

grand jury is sitting to appoint one or more additional grand jury

stenographers to assist the official stenographer or stenographers.

Upon the filing of such order in the office of the clerk of such county

and the service of a copy thereof upon the district attorney of such

county, the latter shall designate and appoint as many temporary

stenographers as such order directs and each such appointment shall be

made in the manner prescribed by section three hundred twenty-three.

3. Each stenographer appointed in pursuance of the provisions of

subdivision two of this section shall be subject to all the duties,

penalties and provisions specified in this article as though he were

appointed pursuant to the provisions of section three hundred twenty-one

hereof and shall receive as compensation for his services such sum as

shall be determined by the board of supervisors or county legislature of

the county in which he is appointed, except that in the counties

embraced within the city of New York the compensation of said

stenographers shall be fixed by the board of estimate of the city of New

York.

4. The term of office of any temporary stenographer appointed under

the provisions of subdivision two of this section shall terminate at

such time as the judge or justice ordering the appointment may

thereafter determine, but in no event shall it continue beyond the time

of the discharge by the court of the grand jury for which the temporary

appointment was made.