N.Y. Uniform Justice Court Act § 106: Holding of court; place of holding; assignment of justices

§ 106. Holding of court; place of holding; assignment of justices.

Each court shall exercise its jurisdiction, civil or criminal,

whenever it is invoked.

1. A justice may hold court anywhere in the municipality including in

the case of a town justice anywhere within a village wholly or partly

contained within the town of which he is a justice regardless of whether

or not said village has a village court and in the event two or more

contiguous villages maintain offices in the same building, a village

justice of any such village may hold court in such building,

notwithstanding that the building is outside the boundaries of such

village. A town justice may hold court in an adjacent town providing

such justice has been elected or holds office pursuant to a plan

established by resolution which was adopted pursuant to the provisions

of section one hundred six-a of this article or the provisions of

section one hundred six-b of this article. A justice may hold court in

one or more municipalities that form a contiguous geographic area,

including in a town and one or more villages each of which is wholly or

partly contained within such town, within the same county providing

there is an agreement between such municipalities pursuant to article

five-g of the general municipal law to hold all court proceedings in any

of the such municipalities in a courtroom or other suitable facility

open to the public.

2. The chief administrator of the courts may temporarily assign any

justice of another town or village court, or a judge of a city court, to

a town or village court within the county of such judge's or justice's

residence or an adjoining county. While temporarily assigned hereunder,

any such judge or justice shall have the powers, duties and jurisdiction

of a justice of the court to which the assignment is made, including the

power to preside over an off-hours arraignment part established in such

court pursuant to paragraph (w) of subdivision one of section two

hundred twelve of the judiciary law. After the expiration of any

temporary assignment hereunder, the judge or justice assigned shall have

all the powers, duties and jurisdiction of a judge or justice of the

court to which the assignment was made with respect to all matters

pending during the term of such temporary assignment. Such judge or

justice shall be entitled to such compensation and travel expenses as

the chief administrator shall prescribe by rule, payable out of funds

appropriated to the state judiciary for such purpose.

3. Notwithstanding the provisions of subdivision one of this section,

a village may hold village court proceedings, including jury trials, in

that portion of the town or towns in which such village is located

beyond the limits of such village where suitable accommodations for such

proceedings cannot be obtained within the village and the board of

trustees of the village has authorized such extraterritorial

proceedings.

4. Notwithstanding the provisions of subdivision one of this section,

the town of Watson may hold town court jury trials in the town of

Lowville offices or the Lewis county office building when suitable

accommodations for such trial cannot be obtained within the town and the

town board has authorized such extraterritorial procedures.

5. Notwithstanding the provisions of subdivision one of this section,

the village of Saddle Rock, Nassau county, may hold all village court

proceedings in that portion of the town of North Hempstead in which such

village is located beyond the limits of such village where suitable

accommodations for such proceedings cannot be obtained within the

village and the board of trustees of the village has authorized such

extraterritorial proceedings.

6. Notwithstanding the provisions of subdivision one of this section,

a justice of a local criminal court situated in the county of Onondaga

may preside as the justice of his or her court anywhere in the county of

Onondaga for the limited purposes of arraignments and/or appearance

proceedings pursuant to a bench warrant provided such arraignments

and/or proceedings are held in a courtroom wherever possible or other

suitable facility open to the public and provided further, that any

municipality providing such facilities shall have consented to such

usage.

7. Notwithstanding the provisions of subdivision one of this section,

the village of Port Dickinson, county of Broome, may hold all village

court proceedings in any area of the town of Dickinson if suitable

accommodations for such proceedings cannot be obtained within the

village and the board of trustees of the village has authorized such

extraterritorial proceedings.

8. Notwithstanding the provisions of subdivision one of this section,

a justice of a local criminal court situated in the county of Jefferson

may preside as the justice of his or her court anywhere in the county of

Jefferson for the limited purposes of arraignments and/or appearance

proceedings pursuant to a bench warrant provided such arraignments

and/or proceedings are held in a courtroom whenever possible or other

suitable facility open to the public and provided further, that any

municipality providing such facilities shall have consented to such

usage.

9. Notwithstanding the provisions of subdivision one of this section,

a justice of a local criminal court situated in the county of Rockland

may preside as the justice of his or her court anywhere in the county of

Rockland for the limited purposes of arraignments and/or appearance

proceedings pursuant to a bench warrant provided such arraignments

and/or proceedings are held in a courtroom wherever possible or other

suitable facility open to the public and provided further, that any

municipality providing such facilities shall have consented to such

usage.

10. Notwithstanding the provisions of subdivision one of this section,

the towns of Elba, Oakfield and Batavia, in the county of Genesee, may

hold all town court proceedings in any of the towns of Elba, Oakfield or

Batavia, or in the city of Batavia, provided that such proceedings are

held in a courtroom or other suitable facility open to the public and

the town boards of Elba, Oakfield and Batavia have authorized such

extraterritorial proceedings.

* 11. Notwithstanding the provisions of subdivision one of this

section, a justice of a local criminal court in which an off-hours

arraignment part has been established in accordance with paragraph (w)

of subdivision one of section two hundred twelve of the judiciary law

may preside as the justice of his or her court anywhere in the county in

which such local criminal court is located for the limited purpose of

presiding in such off-hours arraignment part and conducting only the

proceedings specified in paragraph (w) of subdivision one of section two

hundred twelve of the judiciary law.

* NB There are 2 sb 11's

* 11. Notwithstanding the provisions of subdivision one of this

section, the town of Canandaigua, in the county of Ontario, may hold all

town court proceedings in the city of Canandaigua, provided that such

proceedings are held in a courtroom or other suitable facility open to

the public and the town board of Canandaigua has authorized such

extraterritorial proceedings.

* NB There are 2 sb 11's