1690 – Authority of the Nassau County and Suffolk County District Court Judicial Hearing Officers and the City of Buffalo Judicial Hearing Officers and the City of Rochester Judicial Hearing Officers.

§ 1690.  Authority  of  the  Nassau county and Suffolk county district
court judicial hearing officers and the city of Buffalo judicial hearing
officers and the city  of  Rochester  judicial  hearing  officers.    1.
Notwithstanding any other provision of law, where the trial of a traffic
or  parking  infraction is authorized or required to be tried before the
Nassau county district court or Suffolk county district court, and  such
traffic  and  parking  infraction  does  not  constitute  a misdemeanor,
felony,  violation  of  subdivision  one  of  section   eleven   hundred
ninety-two,  subdivision  five  of  section  eleven  hundred ninety-two,
section three hundred ninety-seven-a,  or  subdivision  (g)  of  section
eleven  hundred  eighty of this chapter, or a violation of paragraph (b)
of subdivision four of section fourteen-f or clause (b) of  subparagraph
(iii)  of paragraph c of subdivision two of section one hundred forty of
the transportation law, or any offense that is part of the same criminal
transaction, as that term is defined in subdivision two of section 40.10
of the criminal procedure law, as such a misdemeanor, felony,  violation
of subdivision one of section eleven hundred ninety-two, subdivision two
of   section   eleven   hundred   ninety-two,   section   three  hundred
ninety-seven-a or subdivision (g) of section eleven  hundred  eighty  of
this  chapter,  or  a  violation of paragraph (b) of subdivision four of
section fourteen-f or clause (b) of subparagraph (iii) of paragraph d of
subdivision two of section one hundred forty of the transportation  law,
the  administrative  judge  of  the  county  in which the trial court is
located, may assign judicial hearing officers to conduct such  a  trial.
Such  judicial  hearing  officers  shall  be  village  court justices or
retired judges either  of  which  shall  have  at  least  two  years  of
experience conducting trials of traffic and parking violations cases and
shall  be  admitted to practice law in this state. Where such assignment
is made, the judicial hearing officer shall entertain the  case  in  the
same manner as a court and shall:
  (a) determine all questions of law;
  (b) act as the exclusive trier of all issues of fact;
  (c) render a verdict;
  (d) impose sentence; or
  (e) dispose of the case in any manner provided by law.
  1-a.  Notwithstanding any other provision of law, where the trial of a
traffic infraction is authorized or required  to  be  tried  before  the
Buffalo  city  court,  and such traffic infraction does not constitute a
misdemeanor, felony, violation of  subdivision  one  of  section  eleven
hundred   ninety-two,   subdivision   five  of  section  eleven  hundred
ninety-two, section three hundred ninety-seven-a, or subdivision (g)  of
section  eleven  hundred  eighty  of  this  chapter,  or  a violation of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph c of  subdivision  two  of  section  one
hundred  forty  of  the  transportation  law,  or any parking, stopping,
standing or pedestrian offense, or any offense that is part of the  same
criminal  transaction,  as  that  term  is defined in subdivision two of
section 40.10 of the criminal procedure  law,  as  such  a  misdemeanor,
felony,   violation   of  subdivision  one  of  section  eleven  hundred
ninety-two,  subdivision  two  of  section  eleven  hundred  ninety-two,
section  three  hundred  ninety-seven-a  or  subdivision  (g) of section
eleven hundred eighty of this chapter, or a violation of  paragraph  (b)
of  subdivision four of section fourteen-f or clause (b) of subparagraph
(iii) of paragraph d of subdivision two of section one hundred forty  of
the transportation law, or any parking, stopping, standing or pedestrian
offense,  the  administrative  judge of the eighth judicial district may
assign judicial hearing officers to conduct such a trial. Such  judicial
hearing  officers  shall:  (i)  be residents of the city of Buffalo; and

(ii) be village or town court justices, city  court  judges  or  retired
judges  or  justices  all  of  which  shall  have  at least two years of
experience conducting trials of traffic violations cases; and  (iii)  be
admitted to practice law in this state; and (iv) be selected from a list
of recommendations of the mayor of the city of Buffalo provided that the
mayor  shall  give  at  least  three  recommendations  for each judicial
hearing officer assignment. Where such assignment is made, the  judicial
hearing  officer  shall entertain the case in the same manner as a court
and shall:
  (a) determine all questions of law;
  (b) act as the exclusive trier of all issues of fact;
  (c) render a verdict;
  (d) impose sentence; or
  (e) dispose of the case in any manner provided by law.
  1-b. Notwithstanding any other provision of law, where the trial of  a
traffic  infraction  is  authorized  or  required to be tried before the
Rochester city court, and such traffic infraction does not constitute  a
misdemeanor,  felony,  violation  of  subdivision  one of section eleven
hundred  ninety-two,  subdivision  five  of   section   eleven   hundred
ninety-two,  section three hundred ninety-seven-a, or subdivision (g) of
section eleven hundred  eighty  of  this  chapter,  or  a  violation  of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph  (iii)  of  paragraph  c  of subdivision two of section one
hundred forty of the  transportation  law,  or  any  parking,  stopping,
standing  or pedestrian offense, or any offense that is part of the same
criminal transaction, as that term is  defined  in  subdivision  two  of
section  40.10  of  the  criminal  procedure law, as such a misdemeanor,
felony,  violation  of  subdivision  one  of  section   eleven   hundred
ninety-two,  subdivision  two  of  section  eleven  hundred  ninety-two,
section three hundred  ninety-seven-a  or  subdivision  (g)  of  section
eleven  hundred  eighty of this chapter, or a violation of paragraph (b)
of subdivision four of section fourteen-f or clause (b) of  subparagraph
(iii)  of paragraph d of subdivision two of section one hundred forty of
the transportation law, or any parking, stopping, standing or pedestrian
offense, the administrative judge of the seventh judicial  district  may
assign  judicial hearing officers to conduct such a trial. Such judicial
hearing officers shall: (i) be residents of the county  of  Monroe;  and
(ii)  be  village  or  town court justices, city court judges or retired
judges or justices or a current  or  former  administrative  law  judge,
referee  or  administrative  hearing  officer  with  at  least  one year
experience conducting trials or hearings for any governmental agency  of
the  state  of  New  York  or a political subdivision of the state, or a
licensed attorney who has at least five  years  of  relevant  experience
appearing  in  trials or hearings before courts or governmental agencies
within the state; and (iii) be admitted to practice law in  this  state;
and  (iv) be selected from a list of recommendations of the mayor of the
city of Rochester provided that the mayor  shall  give  at  least  three
recommendations for each judicial hearing officer assignment. Where such
assignment  is  made,  the  judicial hearing officer shall entertain the
case in the same manner as a court and shall:
  (a) determine all questions of law;
  (b) act as the exclusive trier of all issues of fact;
  (c) render a verdict;
  (d) impose sentence; or
  (e) dispose of the case in any manner provided by law.
  2. In the discharge  of  this  responsibility,  the  judicial  hearing
officer  shall have the same powers as a judge of the court in which the
proceeding is pending. The rules of evidence and reasonable doubt burden

of proof shall be applicable at a trial conducted by a judicial  hearing
officer.
  3.  Any action taken by a judicial hearing officer in the conduct of a
trial or other disposition thereof shall be deemed  the  action  of  the
court in which the proceeding is pending.
  4.  Judicial  hearing  officers  are  prohibited from appearing in any
capacity other than as a judicial hearing officer in  any  part  of  the
Nassau county or Suffolk county district court on any matter relating to
traffic  or parking violations and are further prohibited from appearing
in any capacity other than as a judicial hearing officer  in  any  other
court  or  administrative  tribunal on any matter relating to traffic or
parking violations.
  4-a. Judicial hearing officers are prohibited from  appearing  in  any
capacity other than as a judicial hearing officer in any part of Buffalo
city  court on any matter relating to traffic violations and are further
prohibited from appearing in any  capacity  other  than  as  a  judicial
hearing  officer  in  any  other court or administrative tribunal on any
matter relating to traffic violations.
  4-b. Judicial hearing officers are prohibited from  appearing  in  any
capacity  other  than  as  a  judicial  hearing  officer  in any part of
Rochester city court on any matter relating to  traffic  violations  and
are  further  prohibited  from appearing in any capacity other than as a
judicial hearing officer in any other court or  administrative  tribunal
on any matter relating to traffic violations.