N.Y. New York City Civil Court Law § 1601

Current through 2024 NY Law Chapters 1-50, 52-55, 57, 61-117

Section 1601 - Marshals to continue in office; appointment of marshals; vacancies

1. No more than eighty-three city marshals shall be appointed by the mayor. Upon the expiration of the terms of office of the duly appointed incumbents the mayor shall appoint their successors for terms of five years. Every marshal shall be, at the time of his or her appointment and during his or her term of office, a domiciliary of the city of New York or of the county of Nassau, Westchester, Suffolk, Orange, Rockland or Putnam, and his or her removal from the city or one of such counties shall vacate his or her office. If a vacancy in the office of a marshal shall occur otherwise than by the expiration of a term the person appointed by the mayor to fill such vacancy shall hold office for the unexpired term of the marshal whom he or she succeeds.

2. An independent committee on city marshals is hereby created. The committee shall consist of fifteen members, of whom six shall be selected by the mayor, three each shall be selected by the presiding justices of the first and second judicial departments and three shall be selected by the deans of law schools located within the city of New York. Performance of this function shall be rotated annually among such eligible deans. The members chosen by the mayor and the presiding justices shall serve for a term concurrent with the mayor's term of office. The members chosen by the law school deans shall serve one year. Vacancies in the committee shall be filled in the same manner as initial appointments.

3. The committee shall establish and publish criteria for the appointment of marshals and shall recommend up to three qualified persons meeting such criteria for each appointment to the office of city marshal to be made by the mayor. In addition to any criteria established by the committee, all persons to be recommended to the mayor shall be required to provide to the department of investigation of the city of New York or any successor agency thereto, information relating to their background and financial resources in a form prescribed by such department. All communications to the committee, and its proceedings and all applications, correspondence, interviews, transcripts, reports and all other papers, files and records of the committee shall be confidential and shall be exempt from public disclosure.

4. No person shall be appointed to the office of city marshal except upon the recommendation of the committee on city marshals. No person shall be recommended to the mayor for appointment or reappointment as a marshal unless (i) a report on such person's background has been received by the committee from the department of investigation, and (ii) in the case of a reappointment, the committee has reviewed his or her record of performance in office and has determined it to be satisfactory.

5. The mayor shall, by executive order, establish or authorize the committee to establish such procedures to be followed by the committee in its review and recommendation of candidates for the office of city marshal as are consistent with the provisions of this article and as may be necessary to effectuate its purposes.

N.Y. New York City Civil Court Law § 1601