2019 New York Laws
GMU - General Municipal
Article 14-B - Traffic Violations Bureaus
374 - Traffic Prosecutor Selection and Oversight.

§  374.  Traffic prosecutor selection and oversight. (a) The executive
director of the Nassau county traffic and parking violations agency, and
the executive  director  of  the  Suffolk  county  traffic  and  parking
violations  agency,  appointed  pursuant  to  subdivision  (b)  of  this
section, shall select and may contract with or hire one or more  persons
who  are  attorneys,  duly  admitted  to the practice of law in New York
state for the prosecution of any traffic and parking infraction,  except
those  described  in  paragraphs  (a),  (b),  (c),  (d),  (e) and (f) of
subdivision two of section three hundred seventy-one of this article, to
be heard, tried or otherwise disposed of by the district court of Nassau
county in the  case  of  an  attorney  selected  by  the  Nassau  county
executive  director,  or by the district court of Suffolk county, in the
case of an attorney selected by the Suffolk county  executive  director.
Such  persons  shall  be known as "traffic prosecutors", as that term is
defined in section three hundred  seventy-a  of  this  article.  Traffic
prosecutors  shall  have  the  same  power  as a district attorney would
otherwise have in the prosecution of any traffic or  parking  infraction
which  may,  pursuant  to the jurisdictional provisions of section three
hundred seventy-one of this article, be prosecuted before  the  district
court  of  Nassau county or the district court of Suffolk county, if the
traffic violation occurred in Suffolk  county.  The  executive  director
shall   give   active  consideration  to  requiring  that  such  traffic
prosecutors  serve  on  a  full-time  basis.  Traffic  prosecutors   are
prohibited  from  appearing  in  any  capacity  other  than as a traffic
prosecutor in any part of  the  Nassau  county  district  court  or  the
Suffolk  county  district  court,  if  the traffic violation occurred in
Suffolk county on any matter relating to traffic or  parking  violations
and  are further prohibited from appearing in any capacity other than as
a traffic prosecutor in any other court or  administrative  tribunal  on
any matter relating to traffic or parking violations.
  (b)  The  county  executive  of  the  county of Nassau shall appoint a
person to serve as the executive director of the Nassau  county  traffic
and  parking violations agency subject to the confirmation of the county
legislature of the county of Nassau. The county executive of the  county
of  Suffolk shall appoint a person to serve as the executive director of
the Suffolk county traffic and parking violations agency subject to  the
confirmation  of  the  county  legislature of the county of Suffolk. The
executive  director  shall  be  responsible  for   the   oversight   and
administration of the agency. The executive director of Nassau county is
prohibited  from  appearing  in  any  capacity in any part of the Nassau
county district court and the executive director of  Suffolk  county  is
prohibited  from  appearing  in  any capacity in any part of the Suffolk
county district court on any  matter  relating  to  traffic  or  parking
violations  and  is further prohibited from appearing in any capacity in
any other court or administrative tribunal on  any  matter  relating  to
traffic or parking violations.
  (c)  It shall be a misdemeanor for the executive director, any traffic
prosecutor or any judicial hearing officer assigned to hear  traffic  or
parking  violations  cases  pursuant to section one thousand six hundred
ninety of the vehicle and traffic law to establish any quota of  traffic
violation  convictions  which must be obtained by any traffic prosecutor
or judicial hearing officer. Nothing contained herein shall prohibit the
taking of any job  action  against  a  traffic  prosecutor  or  judicial
hearing  officer for failure to satisfactorily perform such prosecutor's
or officer's job assignment except that the employment  productivity  of
such  prosecutor  or  officer shall not be measured by the attainment or
nonattainment of any conviction quota. For the purposes of this  section

a  conviction  quota  shall  mean a specific number of convictions which
must be obtained within a specific time period.
  (d)  The  legislature  of  the  county of Nassau may appropriate those
monies which, in the legislature's sole discretion,  are  necessary  for
the  compensation  of  those  persons  selected  to  serve  as executive
director and  traffic  prosecutors  and  to  cover  all  other  expenses
associated  with  the  administration  of  the Nassau county traffic and
parking violations agency.
  (e) The legislature of the county of  Suffolk  may  appropriate  those
monies  which,  in  the legislature's sole discretion, are necessary for
the compensation  of  those  persons  selected  to  serve  as  executive
director  and  traffic  prosecutors  and  to  cover  all  other expenses
associated with the administration of the  Suffolk  county  traffic  and
parking violations agency.