People v. Marinconz, 178 Misc. 2d 30 - NY: Supreme Court, Bronx 1998

After receiving a risk assessment recommendation from the Board, the sentencing court must make a final judicial determination with respect to the level of notification (see, People v Salaam, 174 Misc 2d 726, 734 [Sup Ct, NY County 1997], citing Correction Law § 168-n [2]). The phrase "sentencing court" is not defined within the Act. Other States have held that the phrase "sentencing court" refers to the forum that had jurisdiction over the case, as opposed to the specific Judge (see, e.g., Morrow v State, 18 Kan App 2d 236, 849 P2d 1004 [1993]; People v Collins, 25 Mich App 609, 181 NW2d 601 [1970]). Although this State has not set forth a definition in statute or case law for the phrase "sentencing court", it has been held that a Judge is not "the court" as a "court" is defined as an organized body with defined powers, meeting at certain times and places for the hearing and decisions of causes and other matters brought before it (see, People ex rel. Choate v Barrett, 56 Hun 351 [1st Dept 1890], affd 121 N.Y. 678 [1890]; see also, Todd v United States, 158 US 278, 284 [1895], quoting United States v Clark, 1 Gall 497, 25 F Cas 441, 442 [No. 14,804] ["`A court is not a judge, nor a judge a court. A judge is a public officer, who, by virtue of his office, is clothed with judicial authorities. A court is defined to be a place in which justice is judicially administered.'"]).

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Morrow v. State, 849 P. 2d 1004 - Kan: Court of Appeals 1993

The Kansas Supreme Court has said "court" will be construed to mean "judge" and vice versa wherever either construction is necessary to carry into effect the obvious intent of the legislature, 239 and the terms "court," "judge of the court," and "district court" are often used interchangeably by the legislature. Sartin v. Snell, 87 Kan. 485, 491, 125 Pac. 47 (1912). In K.S.A. 60-1507 and Rule 183, the phrases "sentencing court" and "trial court" refer to the district court, not a specific judge.

"While the meaning of the term `court' will vary with the context in which it is used, generally, a court is a body in the government to which the public administration of justice is delegated, being a tribunal officially assembled under authority of law, at the appropriate time and place, for the administration of justice, through which the state enforces its sovereign rights and powers, and consisting in its jurisdiction and functions and not its title or name.

"The court exists as a forum to hear and resolve suits and controversies by parties who have invoked its authority. Other definitions embodying the same ideas in different phraseology are to be found in the cases.

"Time, place, and an authorized officer are essential constituents of the organization of a court; that is to say, in order to constitute a court a duly authorized officer must be present at the time and place appointed by law.

"The words `judge' and `court' are frequently used as convertible terms, but they are not strictly synonymous, and a judge alone does not necessarily constitute a court, and has been described as merely an officer or member of the court, for, while the judge is an indispensable part, he is only a part of the court." 21 C.J.S., Courts § 2.

Therefore, while a judge may be referred to as "the court," the court is not referred to as "the judge." Interpreting the term "court" to mean "judge" is not a reasonable interpretation and is one which will lead to impractical and troublesome results when a particular judge retires, dies, or goes on vacation.