1. The Laws of New York
  2. Court Acts
  3. Uniform District Court
  4. Article 1: Organization


Section 105 Powers and duties of non-judicial personnel

Uniform District Court (UDC)

  (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.