We believe that a town board may appoint a clerk to serve each town justice. This language was added by chapter 252 of the Laws of 1990. The legislative bill jacket indicates that the sole purpose of the amendment was to require that town justices consent to the employment and discharge of court clerks. L 1990 ch 252, Bill Jacket, Memorandum on Senate 3566 and Assembly 5740 by Senator Volker and Assemblyman Graber. There is no indication in the legislative history of an intent to limit the number of clerks who may be appointed by the town board.
Town justices are responsible for the operation of their respective courts.
1990 Memorandum in Support of S3566 and A5740 by the Office of Court Administration. Each town justice is required to keep legible and suitable books, papers, records and dockets. They are required to maintain financial records and promptly deposit all money received by the court. For failure to comply with these responsibilities, town justices may be disciplined or even removed from office. In order to discharge these responsibilities, local justices are heavily dependent upon the ability, industry and trustworthiness of the clerks of their courts.