§ A406-8. Employees: duties and powers.  


Latest version.
  • A. 
    Clerk.
    (1) 
    The Clerk shall act as stenographer of the Court if provision is not otherwise made for a stenographer.
    (2) 
    He shall keep the Seal of the Court and affix it to such papers and documents as he shall be required to certify.
    (3) 
    He shall keep the books, papers and records of the Court.
    (4) 
    He shall be custodian of and deliver to his successor in office all books, records and papers filed in his office, and the Official Seal of the Court.
    (5) 
    He shall attend the sittings of the Court. He shall have power to administer oaths, to take depositions and acknowledgments, to receive verdicts of juries and in proper cases to adjourn causes and when no judge appears he shall adjourn causes to the next judicial day.
    (6) 
    He shall take information for the issuance of warrants of arrest by a City Judge, issue and sign subpoenas and precepts, make and sign transcripts of judgment, executions, commitments and certificates of conviction.
    (7) 
    He shall collect and receive all fees, fines and penalties paid into the Court, and except as otherwise provided by law, on the first business day of each month he shall account for and pay the same to the fiscal officer of the city, together with a sworn statement containing the name of each of the cases and the amounts collected therein. The salary of the Clerk shall not be paid until he has fully complied with the requirements of this subdivision.
    (8) 
    The Clerk of the Court shall take stenographic notes of the testimony and other proceedings in all cases heard or tried before the Court, unless otherwise directed by the Judge, and shall furnish a transcript of the same when requested upon payment of the prescribed fees.
    B. 
    Marshal and Probation Officer. The City Marshal and Probation Officer shall perform in the City Court the same duties as are performed by Sheriffs in courts of record and shall have the same power to serve and execute all process and mandates of the Court as a Sheriff. The police officers of the city shall execute all criminal process issued out of the Court when required to do so by the Court. Neither a Marshal nor a police officer shall receive any fee or compensation for the service of any criminal process issued out of the Court. The person so appointed shall, as such Probation Officer, perform all the services and duties specified in and required by Title 9 of Part 6 of the Code of Criminal Procedure of the State of New York.
    [Amended by L. 1952, Ch. 814]
    C. 
    Generally. In addition to the duties herein prescribed, the officers and employees of the Court shall perform such other duties as they are directed to perform by the Judge.
    D. 
    The present Clerk and Marshal and Probation Officer of the City Court shall continue as Clerk and as Marshal and Probation Officer, respectively, under this act. Their successors shall be appointed by the City Judge from eligible lists established by the Civil Service Commission of the City of Kingston as the result of competitive examinations.