S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8681
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2025
                                ___________
 
 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend the uniform district court act, in relation to estab-
   lishing a district court system in the county of Orleans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The uniform district court act is amended by adding a new
 article 27 to read as follows:
                               ARTICLE XXVII
                       ORLEANS COUNTY DISTRICT COURT
                                  PART 1
                               ORGANIZATION
 SECTION 2700. ORLEANS COUNTY DISTRICT COURT ESTABLISHED.
         2701. DISTRICT COURT SYSTEM; AREA AND COMPOSITION.
         2702. DISTRICT AND NUMBER OF JUDGES THEREIN.
         2703. QUALIFICATIONS OF JUDGES;  RESTRICTIONS  ON  OTHER  ACTIV-
                 ITIES; OATH OF OFFICE; POWERS.
         2704. SALARIES OF JUDGES.
         2705. BOARD OF JUDGES.
         2706. ACCESS TO FACILITIES; PAYMENT OF EXPENSES.
         2707. TIME AND PLACE OF HOLDING COURT.
         2708. PROCEDURES RELATING TO TRAFFIC OFFENSES.
         2709. OFFICIAL SEALS.
         2710. APPOINTMENT, COMPENSATION AND REMOVAL OF COURT CLERKS.
         2711. DUTIES OF COURT CLERKS.
 § 2700. ORLEANS COUNTY DISTRICT COURT ESTABLISHED.
   THERE  SHALL  BE  A DISTRICT COURT SYSTEM ESTABLISHED IN THE COUNTY OF
 ORLEANS AS HEREIN PROVIDED. THE ORLEANS COUNTY DISTRICT COURT  SHALL  BE
 AN INFERIOR COURT, AND THE JUDGES THEREOF SHALL HAVE THE CIVIL AND CRIM-
 INAL  JURISDICTION PRESCRIBED HEREINAFTER CONSISTENT WITH THIS ACT. SUCH
 COURT SHALL BE A COURT OF RECORD  AND  SHALL  OPERATE  PURSUANT  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13195-01-5
              

 A. 8681                             2
 
 PROVISIONS  OF  THIS ACT AND ALL RULES AND REGULATIONS AS ESTABLISHED BY
 THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION.
 § 2701. DISTRICT COURT SYSTEM; AREA AND COMPOSITION.
   THE  DISTRICT  COURT  SYSTEM OF ORLEANS COUNTY SHALL BE ESTABLISHED ON
 THE FIRST DAY OF JANUARY NEXT  SUCCEEDING  ONE  YEAR  FROM  THE  GENERAL
 ELECTION  BY A MAJORITY VOTE CAST IN THE ORLEANS COUNTY GENERAL ELECTION
 AS APPROVED BY THE LEGISLATURE OF THE STATE OF NEW YORK.
 § 2702. DISTRICT AND NUMBER OF JUDGES THEREIN.
   THE COUNTY DISTRICT COURT SYSTEM SHALL BE A SINGLE  JUDICIAL  DISTRICT
 AS  FOLLOWS:  THE  ENTIRE DISTRICT COURT SYSTEM SHALL CONSTITUTE THE ONE
 JUDICIAL DISTRICT IN WHICH TWO FULL-TIME DISTRICT COURT JUDGES SHALL  BE
 ELECTED.  THE LEGISLATURE OF THE COUNTY OF ORLEANS, UPON THE RECOMMENDA-
 TION OF THE BOARD OF JUDGES OF THE DISTRICT COURTS, INCREASE THE  NUMBER
 OF  JUDGES PROVIDED THAT SUCH NEW JUDICIAL POST OR POSTS SHALL BE FILLED
 FOR A FULL TERM AT THE NEXT GENERAL ELECTION HELD NOT  LESS  THAN  THREE
 MONTHS AFTER THE CREATION THEREOF.
 § 2703. QUALIFICATIONS OF JUDGES; RESTRICTIONS ON OTHER ACTIVITIES; OATH
           OF OFFICE; POWERS.
   1.  NO  ONE SHALL BE ELIGIBLE TO THE OFFICE OF JUDGE UNLESS THEY ARE A
 RESIDENT ELECTOR IN THE DISTRICT FOR WHICH SUCH  PERSON  IS  ELECTED  OR
 APPOINTED AND SHALL HAVE BEEN ADMITTED TO PRACTICE LAW IN THIS STATE FOR
 AT LEAST FIVE YEARS.
   2.  NO  JUDGE  SHALL  ENGAGE  IN THE PRACTICE OF LAW OR HOLD ANY OTHER
 PUBLIC OFFICE IN THE COUNTY. EACH JUDGE SHALL DEVOTE  THEIR  WHOLE  TIME
 AND  CAPACITY  TO THE DUTIES OF THEIR OFFICE. BEFORE ENTERING UPON THEIR
 DUTIES, EACH JUDGE ELECTED OR APPOINTED PURSUANT TO THIS  ARTICLE  SHALL
 TAKE AND FILE WITH THE COUNTY CLERK THE OATH OF OFFICE PRESCRIBED BY THE
 CONSTITUTION.  THE  JUDGES  MAY,  BY VIRTUE OF THEIR OFFICES, ADMINISTER
 OATHS, TAKE DEPOSITIONS AND ACKNOWLEDGMENTS WITHIN THE COUNTY AND CERTI-
 FY THE SAME IN THE SAME MANNER AND WITH LIKE EFFECT AS JUDGES OF  COURTS
 OF RECORD.
 § 2704. SALARIES OF JUDGES.
   THE SALARY OF EACH JUDGE SHALL BE AS DETERMINED BY THE OFFICE OF COURT
 ADMINISTRATION  AND SUCH SALARIES SHALL BE A CHARGE AGAINST THE STATE OF
 NEW YORK THROUGH THE OFFICE OF COURT ADMINISTRATION.
 § 2705. BOARD OF JUDGES.
   1. THE JUDGES OF THE ORLEANS COUNTY DISTRICT COURT, TOGETHER WITH  THE
 CHAIRMAN  OF THE ORLEANS COUNTY LEGISLATURE AND THE SUPERVISOR FROM EACH
 PARTICIPATING TOWNSHIP SHALL CONSTITUTE THE BOARD OF JUDGES OF THE COUN-
 TY. ONLY A JUDGE ELECTED FROM THE DISTRICT SHALL BE THE  PRESIDENT.  THE
 MEETINGS  OF  THE BOARD SHALL BE PUBLIC, EXCEPT WHEN SUCH BOARD SHALL BE
 IN EXECUTIVE SESSION, AND, IN SO FAR AS IS PRACTICABLE, SHALL BE HELD AT
 REGULAR INTERVALS, AND ALL ITS PROCEEDINGS  SHALL  BE  RECORDED  BY  ITS
 SECRETARY AND SHALL BE PRESERVED. A MAJORITY OF THE MEMBERS OF THE BOARD
 SHALL  CONSTITUTE  A QUORUM. THE BOARD MAY BY RESOLUTION PROVIDE FOR THE
 CONDUCT OF ITS MEETINGS, THE KEEPING AND PRESERVATION OF ITS MINUTES AND
 THE PUBLIC INSPECTION THEREOF AT REASONABLE  TIMES;  FOR  THE  ORDER  OF
 JUDICIAL  BUSINESS,  THE  MANNER OF ITS DISCHARGE AND THE MAINTENANCE OF
 ORDER IN AND ABOUT THE COURTS; FOR THE ESTABLISHMENT  OF  PARTS  OF  THE
 COURT;  AND  FOR  THE  ASSIGNMENT OF JUDGES TO HOLD THE SEVERAL PARTS SO
 ESTABLISHED.
   2. THE BOARD OF JUDGES SHALL DESIGNATE THE NUMBER AND GENERAL LOCATION
 OF THE PLACES, ONE OR MORE FOR EACH JUDGE, IN WHICH COURT SHALL BE HELD.
 THE PRESIDENT OF THE BOARD OF JUDGES SHALL PRESIDE AND SHALL BE ENTITLED
 TO VOTE AT ALL MEETINGS OF THE BOARD. IN ADDITION TO ALL THE POWERS OF A
 MEMBER OF THE BOARD, THE PRESIDENT SHALL EXERCISE GENERAL SUPERVISION OF
 A. 8681                             3
 
 THE BUSINESS OF THE COURT AND HAVE SUCH OTHER POWERS AS MAY BE CONFERRED
 BY RESOLUTION OF THE BOARD. THE PRESIDENT SHALL, WHENEVER THE  PRESIDENT
 DEEMS  IT  NECESSARY  FOR  THE  PROMPT DISPOSITION OF BUSINESS, TRANSFER
 CASES  FOR TRIAL OR FOR ALL PURPOSES FROM ONE JUDGE TO ANOTHER. THE ACTS
 OR DIRECTIONS OF THE PRESIDENT OF THE BOARD OF JUDGES  MAY  BE  VACATED,
 AMENDED  OR MODIFIED BY A TWO-THIRDS VOTE OF THE MEMBERS AT A REGULAR OR
 SPECIAL MEETING OF THE BOARD.
   3. THE BOARD OF JUDGES SHALL DESIGNATE A CLERK OF THE COURT TO ACT  AS
 SECRETARY  OF  THE  BOARD AND FROM TIME TO TIME SUBSTITUTE ANOTHER. SUCH
 SECRETARY SHALL SERVE WITHOUT  ADDITIONAL  COMPENSATION.  ALL  NECESSARY
 DISBURSEMENTS  OF THE BOARD OF JUDGES AND THE SECRETARY THEREOF SHALL BE
 A CHARGE AGAINST THE EIGHTH JUDICIAL DISTRICT AND PAID AS OTHER DISTRICT
 CHARGES.
 § 2706. ACCESS TO FACILITIES; PAYMENT OF EXPENSES.
   THE JUDGES OF THE COURT SHALL HAVE ACCESS TO, AND  POSSESSION  OF  THE
 COURTROOMS  AND  COURT  OFFICES  AND OTHER PLACES PROVIDED BY THE EIGHTH
 JUDICIAL DISTRICT FOR THE TRANSACTION OF THE BUSINESS  OF  THE  DISTRICT
 COURT.  IT  SHALL  BE  AN  OBLIGATION OF THE EIGHTH JUDICIAL DISTRICT TO
 SUPPLY AND PAY FOR WHATEVER MAY BE NECESSARY FOR THE TRANSACTION OF  THE
 BUSINESS  OF  SAID COURT AND THE JUDGES THEREOF AND TO SUPPLY ALL PROPER
 ACCOMMODATIONS, BOOKS, STATIONERY AND FURNITURE AND TO PAY ALL SALARIES,
 COMPENSATION AND EXPENSES AND DISBURSEMENTS HEREIN AUTHORIZED;  AND  THE
 PROPER  COUNTY  AUTHORITIES SHALL ANNUALLY INCLUDE IN THE COUNTY BUDGET,
 CHARGEABLE ONLY TO THE EIGHTH JUDICIAL DISTRICT, SUCH  SUMS  AS  MAY  BE
 NECESSARY  TO  PAY  THE SAME. ALL FEES AND OTHER REVENUE OF THE DISTRICT
 COURT SYSTEM SHALL BE CREDITED TO THE EIGHTH JUDICIAL DISTRICT.
 § 2707. TIME AND PLACE OF HOLDING COURT.
   IT SHALL BE THE DUTY OF THE  ORLEANS  COUNTY  LEGISLATURE  TO  PROVIDE
 SUITABLE  PLACES  FOR  HOLDING  COURT IN ACCORDANCE WITH THE DESIGNATION
 MADE BY THE BOARD OF JUDGES AND THE OFFICE OF  COURT  ADMINISTRATION  AS
 HEREINBEFORE  PROVIDED. THE JUDGES SHALL HOLD COURT IN ONE OR MORE PARTS
 AS ESTABLISHED AND, ON SUCH DAYS, AS FIXED BY SAID BOARD AND  AT  PLACES
 PROVIDED  BY THE EIGHTH JUDICIAL DISTRICT OR, IN THE EVENT OF FAILURE TO
 PROVIDE SUCH PLACES, AT ANY PLACES DESIGNATED BY THE BOARD OF JUDGES AND
 THE OFFICE OF COURT ADMINISTRATION.
 § 2708. PROCEDURES RELATING TO TRAFFIC OFFENSES.
   1. THE BOARD OF JUDGES SHALL HAVE THE POWER TO PROVIDE, BY RESOLUTION,
 A PROCEDURE TO GOVERN THE PAYMENT OF FINES  BY  ANY  PERSON  ACCUSED  OF
 VIOLATING ANY PROVISION OF ANY LAW, ORDINANCE, RULE OR REGULATION RELAT-
 ING  TO  VEHICULAR  OR  PEDESTRIAN TRAFFIC, WITHOUT APPEARING IN PERSON,
 EXCEPT IN CASES OF SPEEDING, RECKLESS DRIVING, LEAVING  A  SCENE  OF  AN
 ACCIDENT  OR  ANY  CHARGE OF A MISDEMEANOR OR FELONY OR ANY CHARGE WHICH
 MAY FOR REASONS OF PUBLIC POLICY REQUIRE THE PERSONAL APPEARANCE OF  THE
 ACCUSED, FOR SUCH PERIOD OF TIME AS SHALL BE DEEMED IN THE PUBLIC INTER-
 EST; TO FIX THE FINE TO BE PAID IN EACH CLASS OF CASE WITHIN THE MINIMUM
 AND  MAXIMUM AMOUNT SET BY LAW, ORDINANCE, RULE OR REGULATION; TO DESIG-
 NATE THE PLACE OR PLACES WHERE SUCH FINES MAY BE PAID; TO PRESCRIBE  THE
 FORM  OF  THE  SUMMONSES  TO BE USED AND THE MANNER IN WHICH THE PLEA OF
 GUILTY SHALL BE MADE; AND THE MANNER IN WHICH THE MONEY SHALL BE PAID.
   2. SUCH PROCEDURE MAY PROVIDE THAT ANY PERSON  PLEADING  "GUILTY",  OR
 THAT  A  PERSON  PLEADING "NOT GUILTY" AND ASKING THAT A DATE BE SET FOR
 TRIAL, MAY DO SO THROUGH A REPRESENTATIVE OR BY  MAIL  AND  MAY  FURTHER
 PROVIDE THAT THE CLERK OF THE COURT SET SUCH DATE FOR TRIAL.
   3.  NO  RESOLUTION PROVIDING SUCH PROCEDURE SHALL BE EFFECTIVE UNTIL A
 CERTIFIED COPY THEREOF SHALL HAVE BEEN FILED WITH THE COUNTY CLERK.
 A. 8681                             4
 
   4. WHENEVER ANY SUMMONS IS ISSUED INVOLVING A PROVISION  OF  ANY  LAW,
 ORDINANCE,  RULE OR REGULATION RELATING TO MOTOR VEHICLE PARKING AND THE
 PROCEDURE FOR SUCH VIOLATION IS PROVIDED UNDER THIS SECTION, THE  MEMBER
 OF  THE POLICE FORCE OR ANY OTHER PEACE OFFICER SERVING SAID SUMMONS, IN
 LIEU  OF  INSERTING  IN THE SUMMONS THE NAME OF THE PERSON SUMMONED, MAY
 INSERT THEREIN, IN THE SPACE PROVIDED FOR THE INSERTION OF THE  NAME  OF
 THE  PERSON SUMMONED, THE WORDS "REGISTERED OWNER OF MOTOR VEHICLE BEAR-
 ING LICENSE", SAID WORDS TO BE FOLLOWED BY THE  LICENSE  DESIGNATION  OR
 IDENTIFICATION  AS  SHOWN  BY  THE  LICENSE PLATES ON SAID MOTOR VEHICLE
 PARKED IN VIOLATION OF THE LAW, ORDINANCE, RULE OR REGULATION AS  AFORE-
 SAID;  AND  SAID  SUMMONS  MAY BE SERVED UPON SAID REGISTERED OWNER BY A
 MEMBER OF THE POLICE FORCE  OR  OTHER  PEACE  OFFICER  BY  AFFIXING  THE
 SUMMONS  TO  SAID  MOTOR  VEHICLE  IN SOME CONSPICUOUS PLACE WHERE IT IS
 LIKELY TO BE SEEN BY AN OPERATOR THEREOF. AN OPERATOR OF THE MOTOR VEHI-
 CLE, FOR THE PURPOSES OF THIS SECTION, IF NOT THE OWNER  THEREOF,  SHALL
 BE  DEEMED  TO  BE  THE  AGENT  OF SUCH REGISTERED OWNER TO RECEIVE SAID
 SUMMONS SERVED IN THE MANNER AFORESAID; AND SERVICE MADE IN  THE  MANNER
 PROVIDED  SHALL BE DEEMED TO BE LAWFUL SERVICE UPON THE REGISTERED OWNER
 OF THE MOTOR VEHICLE TO WHICH THE SUMMONS IS AFFIXED.   FOR THE  PURPOSE
 OF  THE  SERVICE  OF  THE  SUMMONS  AS HEREIN PROVIDED, THE REGISTRATION
 RECORDS OF THE MOTOR VEHICLE DEPARTMENT OF THE STATE IN WHICH THE  MOTOR
 VEHICLE  IS REGISTERED SHALL BE CONCLUSIVE EVIDENCE AS TO THE REGISTERED
 OWNER OF THE MOTOR VEHICLE. WHEN A  SUMMONS  IS  ISSUED  AND  SERVED  AS
 AUTHORIZED  IN  THIS  SECTION,  THE  INFORMATION SWORN TO MAY CHARGE THE
 VIOLATION IN THE SAME MANNER AND ANY FURTHER PROCEEDINGS  AUTHORIZED  IN
 THIS  SECTION  MAY  BE  HAD  AND RECORDED IN THE NAME OF THE "REGISTERED
 OWNER OF MOTOR VEHICLE BEARING LICENSE", SAID WORDS TO  BE  FOLLOWED  BY
 THE  LICENSE  DESIGNATION  OR  IDENTIFICATION  AS  SHOWN  BY THE LICENSE
 PLATES.
 § 2709. OFFICIAL SEALS.
   THE DISTRICT COURT SHALL HAVE AN  OFFICIAL  SEAL  ON  WHICH  SHALL  BE
 ENGRAVED  THE  ARMS OF THE STATE OF NEW YORK, THE NAME OF THE COURT, THE
 COUNTY AND THE DISTRICT.  SEALS SHALL BE FURNISHED AT THE EXPENSE OF THE
 EIGHTH JUDICIAL DISTRICT.
 § 2710. APPOINTMENT, COMPENSATION AND REMOVAL OF COURT CLERKS.
   THE OFFICE OF COURT ADMINISTRATION SHALL APPOINT SUCH NUMBER OF  COURT
 CLERKS  AND,  SUBJECT  TO  THE APPLICABLE CIVIL SERVICE LAWS, SUCH ADDI-
 TIONAL COURT  CLERKS,  DEPUTY  COURT  CLERKS,  STENOGRAPHERS  AND  OTHER
 ASSISTANTS  AND  EMPLOYEES  IN  THE  CLERK'S OFFICE AS MAY BE NECESSARY.
 COURT CLERKS AND DEPUTY  COURT  CLERKS  SHALL,  AT  THE  TIME  OF  THEIR
 APPOINTMENTS, BE RESIDENTS OF ORLEANS COUNTY, AND REMOVAL OF ANY OF THEM
 FROM  ORLEANS  COUNTY  SHALL  VACATE  THE  OFFICE.  ALL THE OFFICERS AND
 EMPLOYEES PROVIDED BY THIS SECTION  SHALL  RECEIVE  COMPENSATION  TO  BE
 FIXED  BY  THE  MEMBERS  OF  THE COUNTY LEGISLATURE AND/OR THE OFFICE OF
 COURT  ADMINISTRATION  (PURSUANT  TO  OFFICE  OF  COURT   ADMINISTRATION
 REQUIREMENTS),  WHICH  SALARIES,  TOGETHER  WITH OTHER EXPENSES OF THEIR
 OFFICES, AS PROVIDED BY THE ANNUAL BUDGET, SHALL BE A CHARGE AGAINST THE
 EIGHTH JUDICIAL DISTRICT.  ANY COURT CLERK OR DEPUTY COURT CLERK MAY  BE
 REMOVED  BY THE BOARD OF JUDGES FOR CAUSE, PROVIDED THAT WRITTEN CHARGES
 ARE FIRST FILED WITH THE BOARD OF JUDGES AND THAT SUCH  COURT  CLERK  OR
 DEPUTY COURT CLERK BE GIVEN DUE NOTICE THEREOF AND BE AFFORDED AN OPPOR-
 TUNITY TO BE HEARD; AND THE PRESIDENT OF THE BOARD OF JUDGES MAY, IN THE
 PRESIDENT'S  DISCRETION,  SUSPEND SUCH COURT CLERK OR DEPUTY COURT CLERK
 FROM THE PERFORMANCE OF THEIR OFFICIAL DUTIES PENDING A HEARING UPON THE
 CHARGES. UPON CHARGES BEING PREFERRED AGAINST A COURT  CLERK  OR  DEPUTY
 COURT  CLERK BY A JUDGE OF THE DISTRICT COURT, THE BOARD OF JUDGES SHALL
 A. 8681                             5
 
 FORTHWITH CAUSE NOTICE OF SUSPENSION OF SUCH COURT CLERK OR DEPUTY COURT
 CLERK TO BE SERVED UPON SUCH CLERK, AND SUCH COURT CLERK OR DEPUTY COURT
 CLERK SHALL THEREUPON REMAIN SUSPENDED UNTIL THE  HEARING  AND  DETERMI-
 NATION OF THE CHARGES.
 § 2711. DUTIES OF COURT CLERKS.
   THE COURT CLERK SHALL:
   1.  EXERCISE  THE POWERS CONFERRED AND PERFORM THE DUTIES IMPOSED UPON
 THEM BY THIS CHAPTER AND THE RULES AND RESOLUTIONS OF THE BOARD OF JUDG-
 ES AND THOSE USUALLY APPERTAINING TO THEIR OFFICES AND, IN THE  EXERCISE
 OF SUCH POWERS AND THE PERFORMANCE OF SUCH DUTIES, CONFORM TO THE DIREC-
 TION OF THE COURT.
   2.  KEEP  THE  SEAL OF THE COURT AND AFFIX IT TO SUCH PAPERS AND DOCU-
 MENTS AS THEY MAY BE REQUIRED TO CERTIFY.
   3. KEEP A DOCKET BOOK IN SUCH MANNER AS THE RULES MAY  PRESCRIBE,  AND
 ALL  OTHER RECORDS AND PROCEEDINGS OF THE COURT, AND ACT AS CUSTODIAN OF
 ALL DOCUMENTS, BOOKS AND RECORDS.
   4. KEEP THE OFFICE OPEN FOR THE TRANSACTION  OF  BUSINESS  DURING  THE
 HOURS DESIGNATED BY THE RULES AND RESOLUTIONS OF THE BOARD OF JUDGES.
   5.  ATTEND  THE  SITTINGS  OF  THE  COURT,  ADMINISTER  OATHS AND TAKE
 ACKNOWLEDGMENTS IN THE SAME MANNER AND WITH LIKE  EFFECT  AS  CLERKS  IN
 COURTS  OF  RECORD,  RECEIVE  VERDICTS  OF JURIES AND, IN A PROPER CASE,
 ADJOURN CAUSES OR, WHEN NO JUDGE APPEARS, ADJOURN  CAUSES  TO  THE  NEXT
 JUDICIAL DAY.  DEPUTY COURT CLERKS AND CLERKS OTHER THAN THE COURT CLERK
 SHALL  HAVE  LIKE POWER AND AUTHORITY BY DESIGNATION OF THE PRESIDENT OF
 THE BOARD OF JUDGES.
   6. ASSUME CHARGE AND CONTROL OF, AND BE RESPONSIBLE FOR,  THE  GENERAL
 CONDUCT  OF  THE BUSINESS OF THEIR OFFICE AND FOR THE FAITHFUL DISCHARGE
 OF THE  DUTIES  OF  DEPUTY  AND  ASSISTANT  CLERKS  AND  OTHER  OFFICERS
 CONNECTED WITH THE COURT.
   7.  COLLECT  AND RECEIVE ALL THE FEES AND ACCOUNT FOR AND PAY THE SAME
 INTO THE COUNTY TREASURY AT SUCH  TIMES  AS  THE  COUNTY  TREASURER  MAY
 PRESCRIBE,  WHICH  ACCOUNT  SHALL CONTAIN THE TITLE OF EACH CASE AND THE
 AMOUNT OF FEES RECEIVED THEREIN; AND THE SALARY OF SUCH CLERK SHALL  NOT
 BE  PAID  UNTIL  THEY SHALL HAVE SO ACCOUNTED AND PAID. THE COUNTY CLERK
 SHALL PERFORM NO SERVICE UNTIL THEY SHALL HAVE RECEIVED THE  LEGAL  FEES
 THEREFOR.
   8.  DELIVER  TO  THEIR  SUCCESSOR  IN OFFICE THE OFFICIAL SEAL AND ALL
 PAPERS, BOOKS AND RECORDS ON FILE IN THEIR OFFICE.
 
                                  PART 2
               CIVIL AND CRIMINAL JURISDICTION AND PROCEDURE
 SECTION 2720. APPLICATION OF THE UNIFORM DISTRICT COURT ACT.
         2721. ENFORCEMENT OFFICER.
         2722. DISPOSITION OF FINES AND PENALTIES.
 § 2720. APPLICATION OF THE UNIFORM DISTRICT COURT ACT.
   THE CIVIL AND CRIMINAL JURISDICTION OF AND PRACTICE AND  PROCEDURE  IN
 THE ORLEANS COUNTY DISTRICT COURT SHALL BE AS SET FORTH IN THIS ACT.
 § 2721. ENFORCEMENT OFFICER.
   THE  SHERIFF  OF  ORLEANS  COUNTY IS HEREBY DESIGNATED THE ENFORCEMENT
 OFFICER FOR THE ORLEANS COUNTY DISTRICT COURT.
 § 2722. DISPOSITION OF FINES AND PENALTIES.
   ALL FINES AND PENALTIES IMPOSED AND COLLECTED  BY  ANY  JUDGE  OF  THE
 COURT  SITTING AS A COURT OF SPECIAL SESSIONS OR AS A MAGISTRATE'S COURT
 SHALL BE PAID OVER TO THE COUNTY TREASURER AND BE CREDITED BY THE COUNTY
 TREASURER TO THE EIGHTH JUDICIAL DISTRICT, EXCEPT AS FOLLOWS:
 A. 8681                             6

   1. FINES AND PENALTIES COLLECTED IN CASES ARISING OUT OF THE VIOLATION
 OF THE ORDINANCES OR REGULATIONS OF ANY TOWN OR VILLAGE SHALL BE PAID AT
 LEAST MONTHLY INTO THE TREASURY OF SUCH TOWN OR VILLAGE.
   2.  FINES  AND PENALTIES WHICH BY ANY GENERAL STATE LAW ARE PAYABLE TO
 THE STATE OF NEW YORK OR TO ANY DEPARTMENT, COMMISSION OR AGENCY THEREOF
 SHALL BE PAID AS IN SUCH GENERAL STATE LAW PROVIDED AT LEAST MONTHLY.
   3. FINES AND PENALTIES COLLECTED FOR VIOLATION OF THE CONSERVATION LAW
 AND OF LAWS AND ORDINANCES IN RELATION TO THE USE OF THE PUBLIC HIGHWAYS
 BY MOTOR VEHICLES, TRAILERS AND MOTORCYCLES SHALL BE DISPOSED OF AS  NOW
 OR  HEREAFTER  REQUIRED  BY  LAW  AND  CREDITED  TO  THE EIGHTH JUDICIAL
 DISTRICT.
   4. FINES AND PENALTIES, WHICH BY GENERAL  STATE  LAWS,  BUT  FOR  THIS
 SECTION,  WOULD  BE  REQUIRED  TO  BE PAID TO A TOWN OR ANY OFFICER OF A
 TOWN, SHALL BE PAID INSTEAD TO THE COUNTY TREASURER AND CREDITED TO  THE
 EIGHTH JUDICIAL DISTRICT.
 
                                  PART 3
                            GENERAL PROVISIONS
 SECTION 2730. DEATH OR REMOVAL OF JUDGE NOT TO AFFECT PROCEEDINGS.
         2731. PRESUMPTION OF REGULARITY.
         2732. VOTE ON CREATION OF THE DISTRICT COURT SYSTEM.
         2733. PENDING ACTIONS AND PROCEEDINGS.
         2734. CONSTRUCTION.
         2735. SEPARABILITY.
 § 2730. DEATH OR REMOVAL OF JUDGE NOT TO AFFECT PROCEEDINGS.
   NO  PROCESS,  ACTION, JUDGMENT, EXECUTION OR PROCEEDING SHALL ABATE OR
 BE DISCONTINUED BY REASON OF THE DEATH, REMOVAL FROM OFFICE  OR  VACANCY
 IN  OFFICE  OF  ANY JUDGE, BUT ANOTHER JUDGE SHALL PROCEED TO HEAR, TRY,
 DETERMINE AND GIVE JUDGMENT IN AND UPON THE SAME, AND UPON  ALL  MATTERS
 AND THINGS PENDING AND UNDECIDED OR NOT ACTED UPON.
 § 2731. PRESUMPTION OF REGULARITY.
   THE  PRESUMPTION  OF REGULARITY SHALL ATTACH TO THE PROCEEDINGS, JUDG-
 MENTS, ORDERS AND FINAL ORDERS OF THIS COURT, AND EVERY FAIR  INTENDMENT
 SHALL BE MADE IN FAVOR OF ITS JURISDICTION.
 § 2732. VOTE ON CREATION OF THE DISTRICT COURT SYSTEM.
   AT  THE  GENERAL  ELECTION TO BE HELD IN TWO THOUSAND TWENTY-SIX THERE
 SHALL BE SUBMITTED TO ALL THE ELECTORS OF THE VARIOUS TOWNS  OF  ORLEANS
 COUNTY, INCLUDING THE ELECTORS WITHIN INCORPORATED VILLAGES, THE FOLLOW-
 ING  TWO  PROPOSITIONS,  PROVIDED  NOT LESS THAN ONE HUNDRED TWENTY DAYS
 BEFORE SUCH ELECTION THE TOWN BOARD OF SUCH  TOWN  ADOPTS  A  RESOLUTION
 AUTHORIZING  SUCH  SUBMISSION  AND A COPY THEREOF, DULY CERTIFIED BY THE
 CLERK OF SUCH BOARD, SHALL HAVE BEEN FILED WITH THE BOARD  OF  ELECTIONS
 OF  THE  COUNTY  AND  RESOLUTIONS ARE FILED BY AT LEAST THREE CONTIGUOUS
 TOWNS AND EACH TOWN SUBMITTING SUCH RESOLUTION IS CONTIGUOUS TO  ANOTHER
 TOWN SUBMITTING THE SAME:
   1. "SHALL THE ORLEANS COUNTY DISTRICT COURT SYSTEM BE CREATED?"
   2.  "IF  THE  ORLEANS  COUNTY  DISTRICT COURT SYSTEM SHALL BE CREATED,
 SHALL THE OFFICE OF THE JUSTICE OF THE PEACE  BE  ABOLISHED  WITHIN  THE
 COUNTY?"
   IF  THE  ORLEANS COUNTY DISTRICT COURT SYSTEM SHALL BE CREATED AND THE
 VOTERS APPROVE THE PROPOSITION TO ABOLISH THE OFFICE OF JUSTICE  OF  THE
 PEACE,  THEN  SAID OFFICE OF EACH OF THE INCUMBENT JUSTICES OF THE PEACE
 SHALL BE DEEMED ABOLISHED AT THE TIME WHEN THE  EXISTING  TERM  OF  EACH
 SUCH INCUMBENT JUSTICE OF THE PEACE EXPIRES.
 § 2733. PENDING ACTIONS AND PROCEEDINGS.
 A. 8681                             7
 
   1.  NO  ACTION  OR  PROCEEDING, CIVIL OR CRIMINAL, PENDING AT THE TIME
 WHEN THIS ARTICLE SHALL TAKE EFFECT, SHALL BE AFFECTED OR ABATED BY  THE
 PASSAGE  OF THIS ARTICLE OR BY ANYTHING HEREIN CONTAINED. ALL ACTIONS OR
 PROCEEDINGS, CIVIL OR CRIMINAL, PENDING IN A CITY  COURT,  LOCAL  COURT,
 VILLAGE COURT, MAGISTRATE'S COURT OR THE COURT OF SPECIAL SESSIONS SHALL
 BE TRANSFERRED TO THE ORLEANS COUNTY DISTRICT COURT UPON THE APPROVAL OF
 THE PROPOSITIONS DESCRIBED IN SECTION TWENTY-SEVEN HUNDRED THIRTY-TWO OF
 THIS PART.
   2.  FOR THE PURPOSE OF THE DISPOSITION OF SUCH ACTIONS AND PROCEEDINGS
 ONLY, THE JURISDICTION OF THE ORLEANS COUNTY  DISTRICT  COURT  SHALL  BE
 DEEMED:
   (A)  EXPANDED  TO  THAT  OF  THE ABOLISHED COURT WHENEVER NECESSARY TO
 SUSTAIN THE JURISDICTION OF THE ORLEANS COUNTY DISTRICT COURT OVER  SUCH
 ACTION  OR  PROCEEDING  IF  THE  ABOLISHED COURT HAS JURISDICTION OF THE
 SAME; AND
   (B) CONTRACTED TO THAT OF THE ABOLISHED COURT SO  AS  TO  PREVENT  THE
 ORLEANS  COUNTY  DISTRICT  COURT FROM GIVING RELIEF OF SUCH NATURE OR IN
 SUCH AMOUNT AS COULD NOT BE GIVEN BY THE ABOLISHED COURT.
   3. EXCEPT AS PROVIDED FOR IN THE FOREGOING, PRACTICE AND PROCEDURE  IN
 SUCH  ACTIONS AND PROCEEDINGS SHALL BE AS IF THE SAME WERE INSTITUTED IN
 THE ORLEANS COUNTY DISTRICT COURT AFTER THE EFFECTIVE DATE OF THIS ARTI-
 CLE. BUT IF THE COURT SHALL FIND THAT A PRACTICE OR PROCEDURE IS  NECES-
 SARY  TO  THE  DISPOSITION  OF  SUCH ACTION OR PROCEEDING, THE COURT MAY
 PERMIT RECOURSE TO OR COMPLETION OF THE SAME.
   4. ALL WARRANTS THERETOFORE ISSUED BY A JUDGE, JUSTICE  OR  MAGISTRATE
 OF  A  CITY COURT, LOCAL COURT, VILLAGE COURT, MAGISTRATE'S COURT OR THE
 COURT OF SPECIAL SESSIONS, PRIOR TO THE EFFECTIVE DATE OF  THIS  ARTICLE
 SHALL  BE DEEMED VALID WARRANTS OF THE ORLEANS COUNTY DISTRICT COURT AND
 BE RETURNABLE THEREIN.
 § 2734. CONSTRUCTION.
   THE PROVISIONS OF THIS ARTICLE RELATING TO THE ORLEANS COUNTY DISTRICT
 COURT AND PROCEDURE THEREIN SHALL BE LIBERALLY CONSTRUED IN  FURTHERANCE
 OF JUSTICE.
 § 2735. SEPARABILITY.
   IF  ANY  CLAUSE,  SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE
 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
 EOF,  BUT  SHALL  BE  CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
 PARAGRAPH, SECTION, OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
 IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   § 2. This act shall take effect immediately.