Judges: James D. Cole, Assistant Attorney General
Filed Date: 7/25/1994
Status: Precedential
Modified Date: 7/5/2016
Requestor: Bruce D. Wilson, Esq., Ulysses Town Board Suite 305, Clinton House 103 West Seneca Street Ithaca, N Y 14850
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
You have asked several questions concerning the provision of clerical services to town justices.
The town board has discretion to establish non-judicial positions for the town court. Uniform Justice Court Act §
First, you ask whether one person may hold both the office of town justice and clerk to that justice.
In our view, the position of clerk is subordinate to the office of town justice, rendering those two positions incompatible. People ex rel. Ryanv Green,
Second, you ask whether the position of clerk may be eliminated resulting in the town justice performing his or her own clerical duties. There is no requirement that the position of clerk be established. Establishment of non-judicial positions is in the discretion of the town board. Uniform Justice Court Act §
Finally, you ask, where a town has two justices with one justice performing his or her own clerical services, whether that individual may serve as the clerk to the other justice. We recommend against this arrangement. The Office of Court Administration (OCA) believes that this will cause great confusion as to whether a document is being signed by this person as a justice or as a clerk. OCA believes the confusion will affect lawyers, litigants and others.
We conclude that a town justice may act as his or her own clerk.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.