Can a New York town board appoint two court clerks, one to serve each of the town's two elected justices?

Plain-English summary

The Town of Ossining had two elected town justices and wanted to give each one a dedicated court clerk. The Town Attorney noted that 1990 Town Law amendments said "[t]he clerk of the court" must be employed and discharged only with the advice and consent of the town justice or justices, and worried that the singular phrasing forced the town to a single shared clerk.

The AG's office said no. Reading the legislative history of the 1990 amendments, the office found their purpose was narrow: give town justices a say in who serves as their court clerk and when that clerk can be removed, because justices depend heavily on their clerks to keep records, handle finances, and avoid discipline for procedural lapses. Nothing in the amendments was intended to cap the number of clerks the town board could appoint. The town board retains its general appointment authority over non-judicial court personnel under Town Law § 20 and Uniform Justice Court Act § 109. Civil Service Law § 41(1)(d) reinforces this by treating "one clerk of each elected judicial officer" as exempt-class civil service positions, contemplating that each justice may have a clerk.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Who appoints court clerks in a New York town?
A: The town board appoints all non-judicial officers and employees of the town court under Uniform Justice Court Act § 109 and Town Law § 20. Since the 1990 amendments, the appointment and discharge of the court clerk also requires the advice and consent of the town justice or justices.

Q: Why did the 1990 amendments add justice consent?
A: Town justices are responsible for keeping court records, depositing court funds, and managing their courts, and they can be disciplined or removed for failing in those duties. They depend on their clerks to discharge those responsibilities. The 1990 amendments recognized that dependence by giving justices control over the personnel decisions most likely to affect their administrative performance.

Q: Does each clerk have to work for only one justice?
A: The opinion describes Ossining's setup: each clerk would be responsible only for that judge's work. The Town Law does not require that one-to-one structure, but it is permitted. Cross-coverage arrangements remain a matter of local administrative choice.

Q: Could the town add additional clerks beyond one per justice?
A: The opinion did not directly address that, but its reasoning rests on the town board's general appointment authority under Town Law § 20 and UJCA § 109. The board has discretion over the number of non-judicial court personnel; one per justice is supported as a baseline, and additional clerks could be added if reasonable.

Background and statutory framework

Town courts in New York are part of the unified state court system but staffed locally. Town Law § 20 gives the town board responsibility for appointing town officers and employees, including non-judicial court personnel. Uniform Justice Court Act § 109 reinforces that allocation. Civil Service Law § 41(1)(d) puts "one clerk of each elected judicial officer" in the exempt class of the civil service. The 1990 amendments (L. 1990, ch. 252) added a layer of judicial input on the clerk position specifically. The amendments did not strip the town board of its appointment authority or limit the number of clerks. They added the justice's right to advise and consent on those particular appointments.

Citations and references

Statutes:

• N.Y. Town Law § 20 (town appointment authority)
• N.Y. Uniform Justice Court Act § 109 (non-judicial court personnel)
• N.Y. Civil Service Law § 41 (exempt class)

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-56_pw.pdf

Original opinion text

CIVIL SERVICE LAW § 41(1)(d); TOWN LAW § 20; UNIFORM JUSTICE
COURT ACT § 109; L 1990 CH 252.
Amendments to section 20 of the Town Law granting to town
justices the authority to consent to the appointment and
discharge of the court clerk were not intended to limit the town
board to the appointment of only one clerk.

December 5, 1995

Joseph J. Milano, Esq.
Town Attorney
Town of Ossining
16 Croton Avenue
Ossining, NY 10562

Informal Opinion
No. 95-56

Dear Mr. Milano:
You have asked whether a town board is authorized to appoint
two court clerks, one assigned to each of the two elected town
justices. Each clerk would be responsible only for that judge's
work.
You have raised this question in light of amendments to the
Town Law providing:
[t]he clerk of the court of a town shall be employed and discharged
from employment only upon the advice and consent of the town
justice or justices.

Town Law § 20(1)(a). Identical language appears in
section 20(1)(b), applicable to towns of the second class. In
that this provision refers to the "clerk of the court",
suggesting the existence of one clerk for the town court, you
inquire whether this is a limitation on the number of clerks who
may serve a town court.
In our view, the above-quoted language is not a limitation
on the number of clerks. 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. Id.; May 2, 1990
Memorandum in Support of S3566 and A5740 by the Office of Court

2
Administration. Each town justice is required to keep legible
and suitable books, papers, records and dockets. Id. They are
required to maintain financial records and promptly deposit all
money received by the court. Id. For failure to comply with
these responsibilities, town justices may be disciplined or even
removed from office. Id. In order to discharge these
responsibilities, local justices are heavily dependent upon the
ability, industry and trustworthiness of the clerks of their
courts. Id. Through the amendment to section 20 of the Town
Law, town justices have been given the authority to consent to
the employment and discharge of their court clerks on whom they
rely heavily.
Statutory provisions giving to the town board control over
non-judicial personnel pre-existed the amendments to section 20
and were left unchanged by the amendments. The town board has
responsibility for the appointment of non-judicial personnel of
the town court. Uniform Justice Court Act § 109. Further,
decisions as to the number of non-judicial officers and employees
who will serve the town court is in the hands of the town board.
Id.; see also, Town Law § 20, granting to the town board
authority to appoint the officers and employees of the town. We
note that section 41(1)(d) of the Civil Service Law, defining the
exempt class of the civil service, provides that one clerk of
each elected judicial officer is in the exempt class and, also,
one deputy clerk of any justice of the supreme court. Thus,
there is a recognition in this provision that each elected town
justice may have his or her own court clerk. We find no
legislative intent that the above-quoted amendments to section 20
of the Town Law were intended to limit the number of court clerks
that could be appointed by the town board. We believe,
therefore, that a town board may appoint a court clerk to serve
each of its town justices.
We conclude that 1990 amendments to section 20 of the Town
Law granting to town justices the authority to consent to the
appointment and discharge of the court clerk were not intended to
limit the town board to the appointment of only one clerk.
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