NY Veh & Traf L § 1690 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 8 - Respective Powers of State and Local Authorities Article 44-A - Authority of the Nassau and Suffolk County District Court and Buffalo City Court and Rochester City Court 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.

§ 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.