Opinion 04-135

December 2, 2004

Digest:         Under the circumstances presented a town justice may permit the court clerk who also is a customer service representative for the bank in which the town justice maintains the court’s bank account, to process and deposit all fees and fine monies collected by the court. (2) The town supervisor should not be a signatory on the town justice’s judicial bank account.

Rules:          State Finance Law §99-a; Town Law §27; Village Law §4-410; Uniform Justice Court Act §2021; Opns St Comp, 1983 No. 83-174; 22 NYCRR 100.2; 214.9.

Opinion:

         A part-time town justice advises the Committee that the town court clerk is a customer service representative for the bank in which the town justice maintains the

court’s bank account. The bank’s branch manager has indicated in writing that any town court deposits placed in the night depository will be processed and verified by bank staff other than the court clerk. The town justice, therefore, asks whether it is proper for the court clerk to collect fine monies during evening court sessions and process the monies for deposit in the bank’s night depository. The town justice also asks if it is proper for the town supervisor to be a signatory on the town justice’s bank account.

          Pursuant to the Uniform Rules for Trial Courts, every town justice “. . . shall deposit as soon as practical all monies received in his or her judicial capacity in a separate bank account in his or her name as such judicial officer. . .”. 22 NYCRR 214.9. The judge must fulfill this responsibility in compliance with the Rules Governing Judicial Conduct, and therefore, must avoid impropriety with respect to the deposit of court funds. 22 NYCRR 100.2. Because the judge in the present inquiry has obtained the bank manager’s assurance that the court clerk will not, as a bank employee, verify bank deposits prepared by the court clerk, it is the Committee’s view that the judge may allow the court clerk to collect fine monies during evening court sessions and process the monies for deposit in the bank’s night depository. Should the bank change its policy and allow the bank employee who also is the court clerk to process bank deposits made by the court, the town justice must use a different bank for court funds.

         The New York State Comptroller has opined that a town justice is personally responsible for monies received by the justice court. Opns St Comp, 1983 No. 83-174. In addition, because a town justice must deposit all monies received in his or her judicial capacity in a separate bank account in his or her name (22 NYCRR 214.9 ), and must pay all fees and fine monies received by the court to the State Comptroller within the first ten days of the month following collection (State Finance Law §99-a; Town Law §27; Village Law §4-410; Uniform Justice Court Act §2021), it is the Committee’s view that the town supervisor should not be a signatory on the town justice’s bank account.