Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 105
Powers and duties of non-judicial personnel
Uniform District Court Act (UDC) CHAPTER 565, ARTICLE 1
§ 105. Powers and duties of non-judicial personnel.

(a) Clerks. The chief clerk and such other non-judicial personnel as
shall be authorized by rule or order shall each have the power to
administer oaths, take acknowledgments and sign the process or mandate
of the court.

(b) Enforcement officers; police officers. The enforcement officers of
the court shall perform the same duties as are performed by sheriffs in
courts of record and shall have, within their territorial jurisdiction
and subject to any limitations imposed by this act or by other provision
of law, such power to serve and execute the processes and mandates of
the court as a sheriff has with regard to the processes and mandates of
the supreme court. They shall also have, within their territorial
jurisdiction, all of the powers in criminal matters of a constable of a
town in the state of New York. It shall also be the duty of the police
officers of the county, or of any city, town or village therein, to
execute all criminal processes and mandates of the court. Neither an
enforcement officer nor a police officer shall receive any fee or
compensation for the service or execution of any criminal process or
mandate issued out of the court.

(c) Records of enforcement officers. Each of the court's enforcement
officers shall keep a record of official acts performed by him upon or
in conjunction with the court's process or mandate. The rules may
prescribe the manner in which such records shall be maintained.