I got a speeding ticket in upstate NY near Syracuse on I-81. Being from way out of town, I mailed in my ticket pleading guilty. A letter came a few weeks later with the fine I was to pay plus a hefty “surcharge” about 1/2 the fine. I noticed I was to make my payment out to the judge, not a municiple entity. Is this legal? Isn’t this a little hokey writing a check to the judge himself? Why would the State of NY allow this? No other institution or corporation works like this. Younnever make a check out to an individual in this fashion when paying a bill except, perhaps, a professional running his/her own practice.
I’ve seen the same thing in NY when paying taxes: checks are made payable to “Dawn Pasquierello, Receiver of Taxes.” The reason for that is clear: it makes you learn her name so you know who to vote for the next election. But I agree that it’s a dangerous fiscal practice.
Fines from Town Courts and Village Courts, and real property tax payments, go to officials of the municipality, the town or village justice, the town receiver of taxes, and the village treasurer. Each receives them in an official, quasi-fiduciary capacity, as the person in charge of their office, and is required to maintain detailed accounts, which are audited from time to time, and to make periodic reports to the State Comptroller’s Office regarding moneys received.
It’s not a scam, and only incidentally a means to keep the incumbent’s name in your mind for re-election (me, I wouldn’t want to have people thinking of me in terms of taxes they owe, which I didn’t set the rate for – the Town or Village Board, County Legislature, and Board of Education did that). The Hon. Rufus Farmer might be Town Justice of Podunk, holding court at the town barn twice a month, and arraigning people in his study when the police indicate they have arrested someone and need him arraigned and bail set. The money he receives goes into the local branch of some bank, in a separate account managed by Justice Farmer, and he’s required to keep accounts of this and report it to the Comptroller’s Office in Albany. Your check is deposited in that account along with other court receipts and validated by his endorsement.