NYCL AGO 95-56.

• Case Date: December 05, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-56. December 5, 1995Informal Opinion No. 95-56Joseph J. Milano, Esq. Town Attorney Town of Ossining 16 Croton Avenue Ossining, NY 10562CIVIL SERVICE LAW § 41(1)(d); TOWN LAW § 20; UNIFORM JUSTICE COURT ACT § 109; L 1990 CH 252.Amendments to section 20 of the Town Law granting to town justices the authority to consent to the appointment and discharge of the court clerk were not intended to limit the town board to the appointment of only one clerk.Dear Mr. Milano: You have asked whether a town board is authorized to appoint two court clerks, one assigned to each of the two elected town justices. Each clerk would be responsible only for that judge's work. You have raised this question in light of amendments to the Town Law providing:

[t]he clerk of the court of a town shall be employed and discharged from employment only upon the advice and consent of the town justice or justices.

Town Law § 20(1)(a). Identical language appears in section 20(1)(b), applicable to towns of the second class. In that this provision refers to the "clerk of the court", suggesting the existence of one clerk for the town court, you inquire whether this is a limitation on the number of clerks who may serve a town court. In our view, the above-quoted language is not a limitation on the number of clerks. We believe that a town board may appoint a clerk to serve each town justice. This language was added by chapter 252 of the Laws of 1990. The legislative bill jacket indicates that the sole purpose of the amendment was to require that town justices consent to the employment and discharge of court clerks. L 1990 ch 252, Bill Jacket, Memorandum on Senate 3566 and Assembly 5740 by Senator Volker and Assemblyman Graber. There is no indication in the legislative history of an intent to limit the number of clerks who may be appointed by the town board. Town justices are responsible for the operation of their respective courts. Id.; May 2, 1990 Memorandum in Support of S3566 and A5740 by the Office of Court Administration. Each town justice is required to keep legible and suitable books, papers, records and dockets. Id. They are required to maintain financial records and promptly deposit all money received by the court. Id. For failure to comply with these responsibilities, town justices may be disciplined...