March 21, 2012
This responds to your inquiry (12-43) asking whether it is permissible for the town supervisor to transport court funds to the bank for deposit.
A town justice is personally responsible for monies that the justice court receives. Therefore, the Committee has previously advised that a town justice should not permit a town supervisor to be a signatory on the town justice’s bank account. Nor should the town justice allow a town employee who is not subject to the justice’s supervision to transport court funds to the bank for deposit.
Enclosed, for your convenience, are Opinion 10-93 and Opinion 83-174 of the Office of the State Comptroller which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)