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This entry was published on 2014-09-22
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SECTION 328
Designation of temporary stenographers to take place of or in addition to official stenographers
Judiciary (JUD) CHAPTER 30, ARTICLE 10-A
§ 328. Designation of temporary stenographers to take place of or in
addition to official stenographers. 1. In case of the absence by reason
of illness, or other cause, of the official stenographer to any grand
jury in any county of this state, the district attorney of the county
may designate a stenographer to perform the duties of such official
stenographer during such absence, and the stenographer so designated
shall receive the compensation which the official stenographer would
have received for the same service, and the same shall be deducted from
the salary of the official stenographer.

2. Whenever it shall appear to the judge or justice presiding at a
term of court for which a grand jury has been drawn that the public
welfare will be promoted by a more expeditious disposition of the
offenses to be inquired into by such grand jury or that the volume of
business to be taken up and disposed of by it requires it, he may make
an order directing the district attorney of the county in which such
grand jury is sitting to appoint one or more additional grand jury
stenographers to assist the official stenographer or stenographers.
Upon the filing of such order in the office of the clerk of such county
and the service of a copy thereof upon the district attorney of such
county, the latter shall designate and appoint as many temporary
stenographers as such order directs and each such appointment shall be
made in the manner prescribed by section three hundred twenty-three.

3. Each stenographer appointed in pursuance of the provisions of
subdivision two of this section shall be subject to all the duties,
penalties and provisions specified in this article as though he were
appointed pursuant to the provisions of section three hundred twenty-one
hereof and shall receive as compensation for his services such sum as
shall be determined by the board of supervisors or county legislature of
the county in which he is appointed, except that in the counties
embraced within the city of New York the compensation of said
stenographers shall be fixed by the board of estimate of the city of New
York.

4. The term of office of any temporary stenographer appointed under
the provisions of subdivision two of this section shall terminate at
such time as the judge or justice ordering the appointment may
thereafter determine, but in no event shall it continue beyond the time
of the discharge by the court of the grand jury for which the temporary
appointment was made.