1997-34
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Cite as N.Y. Op. Att'y Gen. No. 1997-34
1We note that the expenses of a town justice court are paid
by town taxpayers including taxpayers residing in a village in
the town.
MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(d)(3), 11(1)(e); UNIFORM
JUSTICE COURT ACT § 2021; L 1991 CH 460.
A town is not authorized to amend or supersede a provision
of the Uniform Justice Court Act providing for distribution of
fines collected by the town justice court.
July 30, 1997
Mahlon R. Perkins, Esq.
Informal Opinion
Town Attorney
No. 97-34
Town of Dryden
P.O. Box 27
Dryden, New York 13053
Dear Mr. Perkins:
You have asked whether a town may amend section 2021(1) of
the Uniform Justice Court Act to provide that where a town court
adjudicates violations of village laws, and the village does not
have its own justice court, a portion of every fine collected by
the town court on behalf of the village would become the property
of the town.
Under section 2021(2),
all fines imposed for the violation of a
village local law, ordinance or regulation,
unless otherwise provided by law, shall be
the property of such village, whether or not
the village has established the office of
village justice.
This provision was added by Chapter 460 of the Laws of 1991. The
legislation was submitted at the request of the State Comptroller
who indicated that it was intended to clarify and confirm
existing practices relating to the disposition of fines,
penalties and forfeitures which are received by town and village
justice courts under provisions of the State Finance Law, Town
Law, Village Law and Uniform Justice Court Act. Bill Jacket,
L 1991 Ch 460, July 17, 1991 Report to the Governor on
Legislation from the Counsel to Comptroller.
Your concern is that the town incurs additional expense when
its justice court adjudicates violations of village local laws.1
2
Therefore, you inquire whether Municipal Home Rule Law
§ 10(1)(ii)(d)(3) authorizes the town to amend section 2021(1) of
the Uniform Justice Court Act to permit the town to retain a
portion of fines collected by the town justice court for
violations of village laws.
The Municipal Home Rule Law provision does not provide
authority for your proposal. It only authorizes the amendment or
supersession of provisions of the Town Law relating to subjects
falling within the scope of a town’s home rule authority. The
supersession power may not, therefore, be utilized to amend the
above provision of the Uniform Justice Court Act.
In the absence of applicable supersession authority, local
laws are required to be consistent with general State laws.
Municipal Home Rule Law § 10. Also, local laws may not supersede
a State statute which applies to or affects the courts. Id.,
§ 11(1)(e).
We thus conclude that a town is not authorized to amend or
supersede a provision of the Uniform Justice Court Act providing
for distribution of fines collected by the town justice court.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
in Charge of Opinions