(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact;
(c) render a verdict;
(d) impose sentence; or
(e) dispose of the case in any manner provided by law.
1-a. Notwithstanding any other provision of law, where the trial of a
traffic infraction is authorized or required to be tried before the
Buffalo city court, and such traffic infraction does not constitute a
misdemeanor, felony, violation of subdivision one of section eleven
hundred ninety-two, subdivision five of section eleven hundred
ninety-two, section three hundred ninety-seven-a, or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph c of subdivision two of section one
hundred forty of the transportation law, or any parking, stopping,
standing or pedestrian offense, or any offense that is part of the same
criminal transaction, as that term is defined in subdivision two of
section 40.10 of the criminal procedure law, as such a misdemeanor,
felony, violation of subdivision one of section eleven hundred
ninety-two, subdivision two of section eleven hundred ninety-two,
section three hundred ninety-seven-a or subdivision (g) of section
eleven hundred eighty of this chapter, or a violation of paragraph (b)
of subdivision four of section fourteen-f or clause (b) of subparagraph
(iii) of paragraph d of subdivision two of section one hundred forty of
the transportation law, or any parking, stopping, standing or pedestrian
offense, the administrative judge of the eighth judicial district may
assign judicial hearing officers to conduct such a trial. Such judicial
hearing officers shall: (i) be residents of the city of Buffalo; and
(ii) be village or town court justices, city court judges or retired
judges or justices all of which shall have at least two years of
experience conducting trials of traffic violations cases; and (iii) be
admitted to practice law in this state; and (iv) be selected from a list
of recommendations of the mayor of the city of Buffalo provided that the
mayor shall give at least three recommendations for each judicial
hearing officer assignment. Where such assignment is made, the judicial
hearing officer shall entertain the case in the same manner as a court
and shall:
(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact;
(c) render a verdict;
(d) impose sentence; or
(e) dispose of the case in any manner provided by law.
1-b. Notwithstanding any other provision of law, where the trial of a
traffic infraction is authorized or required to be tried before the
Rochester city court, and such traffic infraction does not constitute a
misdemeanor, felony, violation of subdivision one of section eleven
hundred ninety-two, subdivision five of section eleven hundred
ninety-two, section three hundred ninety-seven-a, or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph c of subdivision two of section one
hundred forty of the transportation law, or any parking, stopping,
standing or pedestrian offense, or any offense that is part of the same
criminal transaction, as that term is defined in subdivision two of
section 40.10 of the criminal procedure law, as such a misdemeanor,
felony, violation of subdivision one of section eleven hundred
ninety-two, subdivision two of section eleven hundred ninety-two,
section three hundred ninety-seven-a or subdivision (g) of section
eleven hundred eighty of this chapter, or a violation of paragraph (b)
of subdivision four of section fourteen-f or clause (b) of subparagraph
(iii) of paragraph d of subdivision two of section one hundred forty of
the transportation law, or any parking, stopping, standing or pedestrian
offense, the administrative judge of the seventh judicial district may
assign judicial hearing officers to conduct such a trial. Such judicial
hearing officers shall: (i) be residents of the county of Monroe; and
(ii) be village or town court justices, city court judges or retired
judges or justices or a current or former administrative law judge,
referee or administrative hearing officer with at least one year
experience conducting trials or hearings for any governmental agency of
the state of New York or a political subdivision of the state, or a
licensed attorney who has at least five years of relevant experience
appearing in trials or hearings before courts or governmental agencies
within the state; and (iii) be admitted to practice law in this state;
and (iv) be selected from a list of recommendations of the mayor of the
city of Rochester provided that the mayor shall give at least three
recommendations for each judicial hearing officer assignment. Where such
assignment is made, the judicial hearing officer shall entertain the
case in the same manner as a court and shall:
(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact;
(c) render a verdict;
(d) impose sentence; or
(e) dispose of the case in any manner provided by law.
2. In the discharge of this responsibility, the judicial hearing
officer shall have the same powers as a judge of the court in which the
proceeding is pending. The rules of evidence and reasonable doubt burden
of proof shall be applicable at a trial conducted by a judicial hearing
officer.
3. Any action taken by a judicial hearing officer in the conduct of a
trial or other disposition thereof shall be deemed the action of the
court in which the proceeding is pending.
4. Judicial hearing officers are prohibited from appearing in any
capacity other than as a judicial hearing officer in any part of the
Nassau county or Suffolk county district court on any matter relating to
traffic or parking violations and are further prohibited from appearing
in any capacity other than as a judicial hearing officer in any other
court or administrative tribunal on any matter relating to traffic or
parking violations.
4-a. Judicial hearing officers are prohibited from appearing in any
capacity other than as a judicial hearing officer in any part of Buffalo
city court on any matter relating to traffic violations and are further
prohibited from appearing in any capacity other than as a judicial
hearing officer in any other court or administrative tribunal on any
matter relating to traffic violations.
4-b. Judicial hearing officers are prohibited from appearing in any
capacity other than as a judicial hearing officer in any part of
Rochester city court on any matter relating to traffic violations and
are further prohibited from appearing in any capacity other than as a
judicial hearing officer in any other court or administrative tribunal
on any matter relating to traffic violations.
Structure New York Laws