N.Y. Uniform Justice Court Act § 106-b: Election of one or more town justices for two or more towns

§ 106-b. Election of one or more town justices for two or more towns.

1. Two or more towns within the same county, acting by and through

their town boards, are authorized to jointly undertake a study relating

to the election of one or more town justices who shall preside in the

town courts of each such town. Such study shall be commenced upon and

conducted pursuant to a joint resolution adopted by the town board of

each such town. Such joint resolution or a certified copy thereof shall

upon adoption be filed in the office of the town clerk of each town

which adopts the resolution. No study authorized by this subdivision

shall be commenced until the joint resolution providing for the study

shall have been filed with the town clerks of at least two towns which

adopted such joint resolution.

2. Within thirty days after the conclusion of a study conducted

pursuant to subdivision one of this section, each town which shall have

adopted the joint resolution providing for the study shall publish, in

its official newspaper or, if there be no official newspaper, in a

newspaper published in the county and having a general circulation

within such town, notice that the study has been concluded and the time,

date and place of the town public hearing on such study. Each town shall

conduct a public hearing on the study, conducted pursuant to subdivision

one of this section, not less than twenty days nor more than thirty days

after publication of the notice of such public hearing.

3. The town board of each town party to the study shall conduct a

public hearing upon the findings of such study, and shall hear testimony

and receive evidence and information thereon with regard to the election

of one or more town justices to preside over the town courts of the

towns which are parties to the joint resolution providing for the study.

4. Within sixty days of the last public hearing upon a study conducted

pursuant to subdivision one of this section, town boards of each town

which participated in such study shall determine whether the town will

participate in a joint plan providing for the election of one or more

town justices to preside in the town courts of two or more towns. Every

such joint plan shall only be approved by a town by the adoption of a

resolution by the town board providing for the adoption of such joint

plan. In the event two or more towns fail to adopt a joint plan, all

proceedings authorized by this section shall terminate and the town

courts of such towns shall continue to operate in accordance with the

existing provisions of law.

5. Upon the adoption of a joint plan by two or more towns, the town

boards of the towns adopting such plan shall each adopt a joint

resolution providing for:

a. the election of one or more town justices at large to preside in

the town courts of the participating towns;

b. the abolition of the existing office of town justice in the

participating towns; and

c. the election of one or more town justices shall occur at the next

general election of town officers and every fourth year thereafter.

6. Upon the adoption of a joint resolution, such resolution shall be

forwarded to the state legislature, and shall constitute a municipal

home rule message pursuant to article nine of the state constitution and

the municipal home rule law. No such joint resolution shall take effect

until state legislation enacting the joint resolution shall have become

a law.

7. Every town justice elected to preside in multiple towns pursuant to

this section shall have jurisdiction in each of the participating towns,

shall preside in the town courts of such towns, shall maintain separate

records and dockets for each town court, and shall maintain a separate

bank account for each town court for the deposit of moneys received by

each town court.

8. In the event any town court operated pursuant to a joint plan

enacted into law pursuant to this section is without the services of the

one or more town justices because of absence or disability, the

provisions of section one hundred six of this article and the town law

shall apply.