S T A T E O F N E W Y O R K
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8714
I N S E N A T E
April 4, 2022
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to stenographers
appointed by the Orange county district attorney
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision i of section 321 of the judiciary law, as added
by chapter 93 of the laws of 1974, is amended to read as follows:
i. In the county of Orange, it shall be lawful for the district attor-
ney of said county to appoint [two] SIX stenographers, each of whom
shall have authority to take and transcribe the testimony given before
the grand juries in said county of Orange, and such appointments shall
be in writing under the hand and seal of such district attorney, and
shall be filed in the county clerk's office in the county of Orange.
§ 2. Section 322 of the judiciary law, as amended by chapter 165 of
the laws of 2018, is amended to read as follows:
§ 322. Stenographers to be citizens and residents of county where
appointed. Every stenographer appointed under the provisions of this
title shall be a citizen and resident of the county in which he is
appointed, except that the district attorney of Warren county may
appoint a stenographer residing either in the county of Washington or in
the county of Saratoga and the district attorney of Hamilton county may
appoint a stenographer residing in the county of Fulton and the district
attorney of Wyoming county may appoint a stenographer residing either in
the county of Genesee or in the county of Livingston and the district
attorney of Madison county may appoint a stenographer residing either in
the county of Onondaga or in the county of Oneida or in any county in
the sixth judicial district and the district attorney of Allegany county
may appoint a stenographer residing in the county of Steuben or in any
county in the eighth judicial district and the district attorney of
Niagara county may appoint a stenographer residing in the county of
Erie, Genesee or Orleans and the district attorneys of Chemung, Tioga,
Tompkins and Otsego counties may each appoint a stenographer residing in
any county in the sixth judicial district and the district attorney of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15053-01-2
S. 8714 2
Schoharie county may appoint a stenographer residing in any county in
the third judicial district and the district attorney of Washington
county may appoint a stenographer residing either in the county of Sara-
toga or in the county of Warren and the district attorney of Saratoga
county may appoint a stenographer residing in either Schenectady county,
or Albany county or Rensselaer county and the district attorneys of
Columbia and Greene counties may appoint a stenographer residing in any
county of the third judicial district and the district attorneys of
Seneca county, Ontario county, Wayne county, Livingston county and Yates
county may appoint a stenographer residing in any county of the seventh
judicial district and the district attorney of Cayuga county may appoint
a stenographer residing in the county of Onondaga, the county of Tomp-
kins or in any county of the seventh judicial district and the district
attorney of Albany county may appoint a stenographer residing in either
Schenectady county or in any county of the third judicial district and
the district attorneys of Rockland and Putnam counties may appoint a
stenographer residing in any county of the ninth judicial district and
the district attorney in Orleans county may appoint a stenographer
residing in any county of the eighth judicial district and the several
district attorneys within the city of New York may appoint stenographers
residing in any county within such city and the district attorneys of
Lewis and Oswego counties may appoint a stenographer residing in any
county in the fifth judicial district and the district attorney of Chau-
tauqua county may appoint a stenographer residing in Erie county and the
district attorney of Cattaraugus county may appoint a stenographer
residing in any county in the eighth judicial district and the district
attorney of Schenectady county may appoint a stenographer residing in
either Albany county or in any county of the third judicial district and
the district attorney of Jefferson county may appoint a stenographer
residing in the county of St. Lawrence, or in any county of the fifth
judicial district and the district attorney of Broome county may appoint
a stenographer residing in the county of Onondaga or in any county of
the sixth judicial district AND THE DISTRICT ATTORNEY OF ORANGE COUNTY
MAY APPOINT A STENOGRAPHER RESIDING IN ORANGE COUNTY OR ANY COUNTY
ADJOINING ORANGE COUNTY.
§ 3. Section 327 of the judiciary law, as amended by chapter 585 of
the laws of 1979, is amended to read as follows:
§ 327. Compensation and payment of stenographers. Each stenographer
appointed as aforesaid shall receive such compensation for services
rendered while engaged in taking testimony before a grand jury, as shall
be determined by the board of supervisors or county legislature of the
county in which he is appointed, excepting that in the county of New
York, such compensation shall be fixed by the board of estimate and
apportionment of the city of New York, and such compensation shall not
be less than five nor more than ten dollars per day; and in addition
thereto such stenographer shall be entitled to and shall be allowed for
a copy of testimony furnished to the district attorney the same rate per
folio as is prescribed by the civil practice law and rules, and such
stenographer shall receive the same compensation for all copies of the
evidence in excess of three copies, furnished by him to the district
attorney. Such compensation shall be a county charge, and shall be paid
by the treasurer of such county upon the affidavit of the stenographer
and the certificate of the district attorney specifying the number of
days of actual service and the number of folios furnished; excepting
that in the counties of Broome, Cayuga, Delaware, Erie, Monroe, Oneida,
Otsego, Rockland, Schenectady, Tioga and Westchester the salaries of
S. 8714 3
said stenographers shall be fixed by the board of supervisors or county
legislature and in the counties of Monroe, Niagara and Oneida such
stenographers in addition to such salary, shall be entitled to and shall
be allowed for a copy of testimony furnished to the district attorney
the fees prescribed by the civil practice law and rules. Such compen-
sation shall be a county charge, and shall be paid by the treasurer of
said county upon the affidavit of the stenographers and the certificate
of the district attorney specifying the number of folios furnished; and
excepting that in the county of Queens said stenographers shall receive
a salary of one thousand dollars per annum, and in the [counties of
Orange and] COUNTY OF Ulster, twelve hundred dollars per annum; and
excepting that in the county of Kings the salaries of said stenographers
shall be fixed by the board of estimate and apportionment of the city of
New York; AND EXCEPTING THAT IN THE COUNTY OF ORANGE SAID STENOGRAPHERS
SHALL RECEIVE A SALARY IN AN AMOUNT AS SHALL BE PRESCRIBED IN THE ANNUAL
COUNTY BUDGET. Such salaries shall be a county charge and shall be paid
monthly, and in Erie, Oneida, Rockland, Westchester and Niagara counties
semi-monthly, by the treasurer of said county in the same manner as the
salaries of other county officers are paid.
§ 4. This act shall take effect immediately.