N.Y. GMU Law § 374-B — New York Code / Act GMU / Article 14-B / Section 374-B
Traffic prosecutor selection and oversight
Status: in_force

§ 374-b. Traffic prosecutor selection and oversight. (a) The executive\ndirector of the Rochester traffic violations agency, appointed pursuant\nto subdivision (b) of this section, shall select and may contract with\nor hire one or more persons who are attorneys, duly admitted to the\npractice of law in New York state for the prosecution of any traffic\ninfraction, except those described in paragraphs (a), (b), (c), (d),\n(e), (f) and (g) of subdivision two-b of section three hundred\nseventy-one of this article, to be heard, tried or otherwise disposed of\nby the Rochester city court. Such persons shall be known as "traffic\nprosecutors", as that term is defined in section three hundred seventy-a\nof this article. Traffic prosecutors shall have the same power as a\ndistrict attorney would otherwise have in the prosecution of any traffic\ninfraction which may, pursuant to the jurisdictional provisions of\nsection three hundred seventy-one of this article, be prosecuted before\nthe Rochester city court if the traffic violation occurred in the city\nof Rochester. The executive director shall give active consideration to\nrequiring that such traffic prosecutors serve on a full-time basis.\nTraffic prosecutors are prohibited from appearing in any capacity other\nthan as a traffic prosecutor in any part of the Rochester city court on\nany matter relating to traffic violations.\n  (b) The mayor of the city of Rochester shall appoint a person to serve\nas the executive director of the Rochester traffic violations agency.\nThe executive director shall be responsible for the oversight and\nadministration of the agency. The executive director is prohibited from\nappearing in any capacity in any part of the Rochester city court on any\nmatter relating to traffic violations and is further prohibited from\nappearing in any capacity in any other court or administrative tribunal\non any matter relating to traffic violations.\n  (c) It shall be a misdemeanor for the executive director, any traffic\nprosecutor or any judicial hearing officer assigned to hear traffic\nviolations cases pursuant to section sixteen hundred ninety of the\nvehicle and traffic law to establish any quota of traffic violation\nconvictions which must be obtained by any traffic prosecutor or judicial\nhearing officer. Nothing contained herein shall prohibit the taking of\nany job action against a traffic prosecutor or judicial hearing officer\nfor failure to satisfactorily perform such prosecutor's or officer's job\nassignment except that the employment productivity of such prosecutor or\nofficer shall not be measured by the attainment or nonattainment of any\nconviction quota. For the purposes of this section a conviction quota\nshall mean a specific number of convictions which must be obtained\nwithin a specific time period.\n  (d) Pursuant to section 3-9 of the charter of the city of Rochester,\nthe city of Rochester may appropriate those monies which, in its sole\ndiscretion, are necessary for the compensation of those persons selected\nto serve as executive director and traffic prosecutors and to cover all\nother expenses associated with the administration of the Rochester\ntraffic violations agency.\n