New York City Marshal
New York City Marshals are civil law enforcement officers of New York City appointed by the mayor to 5-year terms. During their term of office they receive no salary from the city. By law, no more than 83 city marshals shall be appointed by a mayor. Marshals primarily enforce orders from civil court cases, including collecting on judgments, towing, seizing utility meters and carrying out evictions. Marshals collectively perform approximately 25,000 evictions per year. Marshals are regulated by the Department of Investigation. Marshals perform similar duties that are performed by deputy sheriffs of the New York City Sheriff's Office, but unlike the deputy sheriffs, they are not city employees. On an annual basis, city marshals must pay the city of New York $1,500 plus 4.5 percent of the fees they receive for collecting judgments.
In 1938 the New York City Marshals were placed under the supervision of the New York City Department of Investigation and later 1954 the City Of New York Bureau of City Mashals was established. By 1968, Article 16 of the New York City Civil Court Act made marshals officers of the Civil Court of New York City which allowed Appellate Divisions for the First and Second Judicial Departments of the court to supervise the Marshals. While they were still appointed by the mayor of New York City, the Judicial court could fire and supervise the appointed marshals.
New York City Marshals provide civil law enforcement duties by collecting court ordered fees, fees which are set by statute, from the private litigants whose judgments they enforce, and they also retain five percent of any money they collect on judgments. City marshals may, depending on the court order brought to them by the winning litigant, seize money, movable property (for instance, inventory from a business), vehicles (as is the case with unpaid parking tickets) and return possession of rental premises to the landlord, (also known as eviction), and so on.
As taken directly from NYC DOI website NYC Marshals are NOT peace officers despite what the page that directs here says.
Section 1: CIVIL ARREST AS PROVISIONAL REMEDY PROHIBITED
City marshals are not authorized to use civil arrest as a provisional remedy in the exercise of their official duties.
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Section 2: MARSHALS NOT PEACE OFFICERS
The Criminal Procedure Law classifies a city marshal as a peace officer if he or she has received training in firearms handling from the Federal Bureau of Investigation or the New York City Police Academy and has received a firearms permit from the License Division of the Police Department at One Police Plaza. However, the City of New York has not applied for state certification of marshals, as would be required by the Criminal Procedure Law before marshals could be designated peace officers. Accordingly, marshals are not peace officers.
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Section 3: RESTRICTIONS ON FIREARMS
Section 3-1: Firearm Permits
The Appellate Division of the First Department has ruled that marshals are not peace officers, and therefore, marshals may not carry a firearm without a valid permit issued by the Police Department. A marshal may apply for a license through the New York City Police Department, One Police Plaza, New York, New York 10038.
Line Of Duty Deaths
- NYC Marshal Erskine Bryce - Died Line Of Duty 2001 while performing an eviction in Brooklyn
- NYC Marshal Freeman Mason - Died Line of Duty on March 1984 while performing an eviction
- History of the New York City Police Department during the 19th Century
- Law enforcement in New York City