Opinion 09-116

July 7, 2009

Dear Justice:

         This responds to your inquiry (09-116) asking whether you may authorize the Mayor, the Treasurer and the Village Clerk to be signatories on the Town Justice’s bank account. In Opinion 04-135, of which you have a copy, the Committee stated that:

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.

         Based on this prior Opinion, the Committee advises that you should be the only signatory on the Town Justice’s bank account. However, you should check with the Office of the New York State Comptroller to ascertain whether this is still current policy.

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair