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ROBERT E. FREY, ESQ. Village Attorney, Mamaroneck

We acknowledge receipt of your letter inquiring whether your village may adopt a local law amending a state statute relating to the method of selection of a village judicial officer.

The New York Constitution, Article VI, § 17, subdivision d provides, in part, in relation to judges of town, village and city courts: "The term, method of selection and method of filling vacancies for the judges of such courts shall be prescribed by the legislature * * *." We enclose for your examination a copy of an informal opinion of this office reported in 1974 Op. Atty. Gen. 218 dealing with this same subject matter.

In our opinion, a village has no authority to amend a state statute relating to the term, method of selection and method of filling vacancies of a village judicial officer.

Case Details

Case Name: Opn. No.
Court Name: New York Attorney General Reports
Date Published: Apr 20, 1977
Court Abbreviation: N.Y. Att'y Gen.
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