NY Jud L § 212 (2021)
2021 New York Laws JUD - Judiciary Article 7-A - Judicial Administration 212 - Functions of the Chief Administrator of the Courts.

§  212.  Functions  of  the  chief administrator of the courts. 1. The chief administrator of the courts, on behalf of the chief  judge,  shall supervise  the administration and operation of the unified court system. In the exercise of such responsibility, the  chief  administrator  shall have  such  powers  and  duties  as may be delegated to him by the chief judge and, in addition, the following functions, powers and duties which shall be exercised as the chief judge may provide and in accordance with such  standards  and  administrative  policies  as  may  be  promulgated pursuant to section twenty-eight of article six of the constitution:  (a)  Prepare  the  itemized estimates of the annual financial needs of the unified court system, in accordance  with  section  one  of  article seven  of  the  constitution.  Such  itemized estimates, approved by the court of appeals and certified by the chief judge, shall be  transmitted to  the  governor  not later than the first day of December in each year for inclusion in the budget without revision.  The  chief  administrator shall  forthwith  transmit  copies  of  such  itemized  estimates to the chairmen of the senate finance and judiciary committees and the assembly ways and means and judiciary committees.  (b) Establish an administrative office for the courts and appoint  and remove  such  deputies, assistants, counsel and employees as he may deem necessary and fix their salaries within the appropriation made available therefor.  (c) Establish the hours, terms and parts of court, assign  judges  and justices to them, and make necessary rules therefor.  (d)  Designate  deputy  chief administrators and administrative judges for any or all of the courts of the unified  court  system,  except  the appellate divisions and the court of appeals.  (e)  Act  as  "chief  executive  officer"  and exercise the functions, powers and duties of a "public employer" under the provisions of article fourteen of the civil service law.  (f) Make recommendations to the legislature and the governor for  laws and  programs to improve the administration of justice and the operation of the unified court system; and, with respect to any bill proposing law which is likely to have a substantial and direct effect upon the unified court system, prepare a judicial impact statement upon  written  request of  the  chairman of the standing committee of the senate or assembly to which the bill has  been  referred  or  upon  his  own  initiative.  The statement  shall  be submitted as soon as practicable to the chairman of the appropriate committee  and  contain,  to  the  extent  feasible  and relevant,  the  chief  administrator's  projections of the impact of the proposed law on the functioning of the courts and  related  agencies  of the  unified court system, including: (i) administration; (ii) caseload; (iii) personnel; (iv) procedure;  (v)  revenues;  (vi)  expenses;  (vii) physical facilities; and (viii) such additional considerations as may be requested   by   the  committee  chairman,  or  included  by  the  chief administrator.  (g) Receive and consider proposed amendments to the civil practice law and rules and the  criminal  procedure  law,  and  conduct  studies  and recommend changes therein.  (h)  Hold hearings and conduct investigations. The chief administrator may issue a subpoena requiring a person to  attend  before  him  and  be examined  under  oath  with reference to any aspect of the unified court system, and require the production of books  or  papers  with  reference thereto.  (i) Adopt, amend and rescind all rules and orders necessary to execute the functions of his office.  (j)  Collect,  compile  and  publish  statistics  and  other data with respect to the unified court system and submit annually,  on  or  before  the fifteenth day of March, to the legislature and the governor a report of  his  activities and the state of the unified court system during the preceding year.  (k)  Require  all personnel of the unified court system, county clerks and law enforcement officers to furnish any information and  statistical data as will enable him to execute the functions of his office.  (l)  Request  and receive from any court or agency of the state or any political subdivision thereof such assistance, information and  data  as will enable him to execute the functions of his office.  (m) Undertake research, studies and analyses of the administration and operation of the unified court system including, but not limited to, the organization,   budget,  jurisdiction,  procedure,  and  administrative, clerical, fiscal and personnel practices thereof.  (n) Accept as agent of the state any grant or gift for the purpose  of executing the functions of his or her office; provided, however, where a grant or gift is of money, the chief administrator shall dispose of same as provided in section eleven of the state finance law.  (o)  Contract  for  goods  and services on behalf of the unified court system.  (p) Promote cooperation and coordination  between  the  unified  court system and other agencies of the state or its political subdivisions.  (q)  Create  advisory committees to assist him in the execution of the functions of his office.  (r) Establish educational programs, seminars and  institutes  for  the judicial and nonjudicial personnel of the unified court system.  (s)  Delegate to any deputy, assistant, court or administrative judge, administrative functions, powers and duties possessed by him.  (t) Do all other things necessary and  convenient  to  carry  out  his functions, powers and duties.  (u)  Review  and  approve  plans,  specifications,  designs  and  cost estimates for the  design,  acquisition,  construction,  reconstruction, rehabilitation, improvement, furnishing or equipping of court facilities pursuant  to  a capital plan approved in accordance with section sixteen hundred eighty-c of the public authorities law; provided, however,  that in  the event that such plans, specifications, designs or cost estimates effect a substantial change in an approved  capital  plan,  such  plans, specifications,  designs or cost estimates must be approved by the court facilities capital review  board  in  accordance  with  section  sixteen hundred eighty-c of the public authorities law.  (v)  Insure  that appropriate public notice is given of the provisions of section 215.22 of the penal law.  (w) Adopt, after  consultation  with  the  office  of  indigent  legal services,  the  appropriate local magistrates association, institutional providers of criminal defense services and other members of the criminal defense  bar,  local  government  officials,  including   the   district attorney,  and  with  the  approval  of  the administrative board of the courts, a plan for the establishment, in accordance with  paragraph  (c) of  this  subdivision,  of  off-hours  arraignment parts in select local criminal courts of a county to be held in  such  courts  on  a  rotating basis  for the conduct of arraignments and other preliminary proceedings incidental thereto, and for arrest warrant returns  in  criminal  cases, where  the  use of such parts will facilitate the availability of public defenders  or  assigned  counsel  for  defendants  in  need   of   legal representation  at  such  proceedings.  To  the  extent practicable, and notwithstanding that any such plan shall designate off-hours arraignment parts in fewer than all of the local criminal courts of a  county,  each plan  authorized  by  this  paragraph  shall  provide  for  the periodic assignment of all of the  judges  and  justices  of  all  of  the  local  criminal  courts  in  the  affected  county to the off-hours arraignment parts designated therein. The chief administrator shall give appropriate public notice of each off-hours arraignment part  established  hereunder and each judicial assignment made thereto.  (x)  Not  permit  the  unified court system to sell any data regarding judicial proceedings related to residential tenancy, rent or eviction to any third party. Such prohibition includes  data  collected,  stored  or utilized  by any third-party vendors who have contracts with the unified court system.  (y) Collect, compile, and publish  statistics  and  other  demographic data  provided in accordance with subparagraph (i) of this paragraph and submit annually, on or  before  the  fifteenth  day  of  March,  to  the legislature and the governor a report of his or her findings.  (i) The chief administrator shall annually request that each judge and justice of the state-paid courts of the unified court system disclose to the  office  of  court  administration  information  as  to  his  or her race/ethnicity,  sex,  sexual  orientation,  gender  identity,   veteran status,  and  disability status. Compliance with this request by a judge or justice shall be entirely voluntary; and any information disclosed to the office of court administration may only be released publicly in  the form  of aggregated statistical data that does not identify a justice or judge.  (ii) The report required by  this  paragraph  shall  include  separate charts  showing  the  race/ethnicity,  sex,  sexual  orientation, gender identity, disability status and veteran status of:  (A) all responding judges and justices of the  unified  court  system, including  sub-charts  for  all  elected  judges  and  justices  and all appointed judges and justices by appointing authority;  (B) all responding judges of the court of appeals;  (C) all responding  justices  of  the  appellate  division,  including sub-charts for appellate division justices in each appellate department;  (D) all responding justices of the supreme court, including sub-charts for supreme court justices elected in each judicial district;  (E) all responding judges of the court of claims;  (F) all responding justices of the surrogate's court;  (G) all responding judges of the county courts;  (H) all responding judges of the district courts, including sub-charts for each district court;  (I)  all  responding  judges of the family court, including sub-charts for family court judges appointed in New  York  city  and  family  court judges elected outside New York city;  (J) all responding judges of the New York city civil court;  (K) all responding judges of the New York city criminal court;  (L) all responding judges of the city courts, including sub-charts for city  court  judges  who  are  appointed  and  city court judges who are elected; and  (M) all responding judges of the New York city housing court.  (iv) The report required by this paragraph  shall  use  the  following ethnic  and  racial categories: American Indian or Alaska Native, Asian, Black or African-American, Hispanic or Latino, Native Hawaiian or  other Pacific  Islander,  White,  some  other race, and more than one race, as those categories are defined by the  United  States  Census  Bureau  for reporting purposes.  (v)  The demographic data reported, disclosed, or released pursuant to this subdivision shall also indicate the percentage of  respondents  who declined to respond.   2. The chief administrator shall also:  (a) Designate the justices of the appellate terms of the supreme court and  the  places where such appellate terms shall be held, in accordance with the provisions of section eight of article six of the constitution.  (b) Promulgate rules of conduct for judges and justices of the unified court  system  with  the approval of the court of appeals, in accordance with  the  provisions  of  section  twenty  of  article   six   of   the constitution.  (c)  Temporarily  assign  judges  and  justices  of  the unified court system, in accordance with  the  provisions  of  section  twenty-six  of article six of the constitution.  (d)  Adopt  rules  and  orders  regulating  practice  in the courts as authorized by statute with the advice and consent of the  administrative board of the courts, in accordance with the provisions of section thirty of article six of the constitution.  (e)  Prepare forms and compile data on family offenses, proceedings or actions in all courts,  including  but  not  limited  to  the  following information:  (i) the offense alleged;  (ii)  the  relationship  of  the alleged offender to the petitioner or complainant;  (iii) the court where the action or proceeding was instituted;  (iv) the disposition; and  (v) in the case of dismissal, the reasons therefor.   In executing this requirement, the chief administrator may adopt rules requiring appropriate law enforcement or criminal  justice  agencies  to identify  actions  and  proceedings  involving family offenses and, with respect to such actions and proceedings, to report,  in  such  form  and manner  as  the  chief  administrator  shall  prescribe, the information specified herein.   The chief administrator of the courts shall adopt rules to  facilitate record  sharing  and other communication among the supreme, criminal and family  courts,  subject  to  applicable  provisions  of  the   domestic relations   law,  criminal  procedure  law  and  the  family  court  act pertaining to the confidentiality, expungement and sealing  of  records, where  such  courts exercise concurrent jurisdiction over family offense proceedings or proceedings involving orders of protection.  (f) Have the power to prescribe forms pursuant to section 10.40 of the criminal procedure law.  (g) Designate by rule one supreme court library within  each  judicial district  to  serve  as the repository of materials transmitted by state agencies pursuant to paragraph c of  subdivision  four  of  section  one hundred two of the executive law.  (h) (i) Formulate, establish and maintain a plan or plans to encourage and  reward  unusual  and meritorious suggestions and accomplishments by state employees and suggestions of  retired  state  employees  promoting efficiency and economy in the performance of any function of the unified court system.  (ii)  Make  and  render  merit  awards  to or for the benefit of state employees and retired state  employees  nominated  to  receive  them  in accordance  with  such  plan  or  plans.  The  chief  administrator  may determine the nature and extent of such merit awards, which may  include but  shall  not  be limited to certificates, medals or other appropriate insignia, or cash awards in such amounts as may be fixed  by  the  chief administrator.  (iii)  Adopt  and  promulgate  rules  and  regulations  governing  the operation of any plan or plans established  hereunder,  the  eligibility and  qualifications  of  state  employees  and  retired  state employees participating therein, the character  and  quality  of  suggestions  and  accomplishments   submitted  for  consideration,  the  method  of  their submission and the procedure for their  review,  nominations  for  merit awards, and the kind, character and value of such awards, and such other rules  and regulations as may be deemed necessary or appropriate for the proper administration of any plan or plans established hereunder.  (i) Review the practices and procedures of the  unified  court  system regarding  fair  treatment  standards  for  crime  victims and implement recommendations for change, in accordance with the provisions of article twenty-three of the executive law.  (j) Notwithstanding any provision of law, rule or  regulation  to  the contrary,  establish a system for the posting of bail and the payment of fines, mandatory surcharges, court fees, and other monies payable  to  a court,  county  clerk  in  his or her capacity as clerk of court, or the office of court administration, or to a sheriff upon enforcing  a  court order  or  delivering  a court mandate pursuant to article eighty of the civil practice law and rules, by means  of  a  credit  card  or  similar device.  Notwithstanding any provision of law to the contrary, the chief administrator may require a party making a payment in such  manner  also to pay a reasonable administrative fee. In establishing such system, the chief  administrator  shall seek the assistance of the state comptroller who shall assist in developing such system so as  to  ensure  that  such funds  shall  be  returned  to  any  jurisdiction  which, by law, may be entitled to them. The chief administrator shall periodically accord  the head  of  each  police  department  or  police  force  and  of any state department, agency, board, commission or public authority having  police officers  who fix pre-arraignment bail pursuant to section 150.30 of the criminal procedure law an opportunity to  have  the  system  established pursuant  to this paragraph apply to the posting of pre-arraignment bail with police officers under his or her jurisdiction.  (k) Upon application, certify former judges or justices of the unified court system and former housing judges of the civil court of the city of New York who served for at least two years in such position to solemnize marriages.  (l) Establish a panel which shall issue advisory  opinions  to  judges and  justices  of  the  unified court system upon the request of any one judge or justice, concerning one  or  more  issues  related  to  ethical conduct  or  proper  execution  of judicial duties or possible conflicts between private interests and official duties.  (i) The panel shall have no executive,  administrative  or  appointive duties  except  as  provided otherwise in this paragraph or in rules and regulations adopted to implement this paragraph. The panel shall consist of such number of members who possess such qualifications and serve  for such terms as the rules and regulations shall provide. Each member shall serve without compensation but shall be reimbursed for expenses actually and  necessarily  incurred  in  the  performance  of his or her official duties for the panel. Notwithstanding  any  inconsistent  provisions  of this or any other law, general, special or local, no officer or employee of  the  state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his office or employment or  any  benefits  provided  under  the retirement and social security law or under any public retirement system maintained  by  the state or any of its subdivisions by reason of his or her being a member of the panel.  (ii) The panel shall issue a written advisory opinion to the judge  or justice   making  the  request  based  upon  the  particular  facts  and circumstances of the case, which shall be detailed in the request and in any additional material supplied by the judge or justice at the instance of the panel. If the individual facts  and  circumstances  provided  are  insufficient  in  detail  to  enable  the  panel  to  render an advisory opinion, the panel shall  request  supplementary  information  from  the judge  or  justice  to  enable  it  to  render  such  opinion.  If  such supplementary  information is still insufficient or is not provided, the panel shall so state and shall not render an advisory opinion based upon what it considers to be insufficient detail.  (iii) Notwithstanding  any  other  provisions  of  law,  requests  for advisory   opinions,  advisory  opinions  issued  by  the  panel  to  an individual judge or justice of the unified court system, and  the  facts and  circumstances  upon  which  they  are  based,  shall  be and remain confidential between the panel  and  the  individual  judge  or  justice making  the request; provided, however, that the panel shall publish its advisory opinion and the facts and circumstances upon which it is  based with  appropriate deletions of names of persons, places and things which might tend to identify either the judge or justice making the request or any  other  judge  or  justice  of  the  unified   court   system;   and deliberations of the panel shall be and remain totally confidential.  (iv) Actions of any judge or justice of the uniform court system taken in  accordance with findings or recommendations contained in an advisory opinion issued by the panel shall be presumed proper for the purposes of any  subsequent  investigation  by  the  state  commission  on  judicial conduct.  (m) Expend funds made available in a political subdivision pursuant to section  five  hundred  twenty-one  of  this chapter for the purposes of improving,  furnishing  or   equipping   jury   assembly   rooms,   jury deliberation  rooms, offices for commissioners of jurors, and such other court facilities in  such  political  subdivision  as  are  required  to effectuate the policies of the state declared in section five hundred of this  chapter; except that, in any state fiscal year, no expenditure may be made hereunder for any purpose where funds have been  made  available by  appropriation in such fiscal year to pay the cost thereof. Nor shall this  paragraph,  and  any  expenditures  made  hereunder,  relieve  any political  subdivision  of  its  obligation under section thirty-nine of this chapter to provide goods,  services  and  facilities  suitable  and sufficient  for  the transaction of business by courts and court-related agencies.   * (n) Have the power to authorize a court  under  subdivision  (b)  of section  forty-three  hundred  seventeen  of  the civil practice law and rules to order a reference to determine an application for an  order  of protection   (including  a  temporary  order  of  protection)  that,  in accordance with law, is made ex parte or where all parties  besides  the applicant default in appearance; provided, however, this paragraph shall only apply to applications brought in family court during the hours that the  court  is  in  session,  and after five o'clock p.m. Training about domestic violence shall be required for all persons who  are  designated to serve as references as provided in this paragraph.   * NB Repealed September 1, 2023  (o)   Notwithstanding   the   provisions  of  paragraph  (n)  of  this subdivision, have the power to authorize family courts  in  the  seventh and  eighth  judicial  districts to establish a judicial hearing officer pilot program (hereinafter referred to as "pilot  program")  and,  under subdivision  (b)  of  section forty-three hundred seventeen of the civil practice law and rules, order a reference to  determine  an  application for  an  order  of protection or temporary order of protection, that, in accordance with law, is made ex parte or where all  parties  beside  the applicant  default  in  appearance;  provided,  however,  that the chief administrator shall not exercise this power without  prior  consultation with  the  presiding justice of the fourth judicial department. Training  about domestic violence shall  be  required  for  all  judicial  hearing officers in the pilot program.   On  or  before  the  first  day  of  April  in  each  year,  the chief administrator of  the  courts  shall  submit  a  report  concerning  the judicial  hearing  officer  pilot program to the governor, the temporary president of the senate, the speaker of  the  assembly,  and  the  chief judge of the state. Such report shall include the number of applications for  an  order  of protection determined by judicial hearing officers in the pilot program, the disposition of such applications, and such  other data,  information,  and  analysis  as  are  necessary  to  evaluate the efficacy of the pilot  program  in  the  administration  of  justice  in response to domestic violence.  (p)  Adopt  rules  authorizing  payment  of  compensation  and  travel expenses for judges  and  justices  temporarily  assigned  to  town  and village courts pursuant to subdivision two of section one hundred six of the uniform justice court act.  (q)  Adopt  rules  to  require  transmission,  to the criminal justice information services division of the federal bureau of investigation  or to  the  division  of  criminal  justice services, of the name and other identifying information of each person who has a guardian appointed  for him  or  her  pursuant  to  any  provision  of  state  law,  based  on a determination that as a result of marked subnormal intelligence,  mental illness,  incapacity,  condition  or disease, he or she lacks the mental capacity to contract or manage his or her own affairs. Any such  records transmitted directly to the federal bureau of investigation must also be transmitted  to  the  division  of  criminal  justice  services, and any records received by the division of criminal justice  services  pursuant to  this  paragraph  may  be  checked  against the statewide license and record database.  (r) Ensure that cases eligible  for  judicial  diversion  pursuant  to article  two  hundred  sixteen  of  the  criminal procedure law shall be assigned  to  court  parts  in  the  manner  provided   by   the   chief administrator  and  that,  to  the  extent  practicable,  such cases are presided over by judges who, by virtue of the  structure,  caseload  and resources  of  the  parts  and  the  judges'  training,  are in the best position to provide effective supervision over such cases, such  as  the drug  treatment  courts.  In compliance with these provisions, the chief administrator shall give due weight to the need for diverted  defendants to  make  regular  court  appearances,  and be closely supervised by the court, for the duration of  drug  treatment  and  the  pendency  of  the criminal charge.  (s)  Establish  rules for special proceedings authorized by subsection (d) of section 9--518 of the uniform commercial  code.  Such  rules  may authorize  the  court  in  which such a special proceeding is pending to order a referee to hear and determine such special proceeding.  (t) Make available translation services  to  all  family  and  supreme courts  to  assist  in  the  translation  of  orders  of  protection and temporary orders of protection, as provided in this paragraph, where the person protected by and/or the person subject to the order of protection has limited English  proficiency  or  has  a  limited  ability  to  read English:  (i)  Translation  services  shall  be made available to all family and supreme courts in the ten languages most frequently used in  the  courts of   each  judicial  department  in  accordance  with  the  schedule  in subparagraph (ii) of this paragraph, and any additional  languages  that the chief administrator of the courts deems appropriate;  (ii) (A) In three languages from among the ten most frequently used in the  courts  of each judicial department, by January first, two thousand eighteen;  (B)  In  three additional languages from among the ten most frequently used in the courts of each judicial department, by June  thirtieth,  two thousand nineteen; and  (C)  In  four  additional languages from among the ten most frequently used  in  the  courts  of  each   judicial   department,   by   December thirty-first, two thousand twenty; and  (iii)  Upon  issuance  of an order of protection or temporary order of protection, the court shall inquire of any person who is protected by it or subject to it,  who  has  made  an  appearance,  whether  translation services  are needed. The court shall advise the party or parties of the availability of such translation services;  (iv) The authority provided by this paragraph shall be in addition to, and shall not be deemed to diminish or reduce any rights of the  parties under existing law.  (t-1)   Issue  reports  concerning  the  availability  of  translation services where orders of protection and temporary orders  of  protection are  issued;  special pilot programs. (i) The chief administrator of the courts shall submit to the legislature,  the  governor,  and  the  chief judge of the state the following reports:  (A) Not later than April first, two thousand nineteen, a report on the availability and use of translation services in the courts for orders of protection and temporary orders of protection, including but not limited to the languages for which written and oral translation is provided; the number  of  parties  that  received translated documents, broken down by language and  judicial  department;  the  number  of  parties  receiving interpretation,  broken  down  by  language and judicial department; the number of people who requested a translated document and did not receive it; and the number of cases in which a court  interpreter  was  used  to communicate  with  either  party and an order of protection or temporary order of protection was issued but in which a  translated  document  was not  provided to either party. Such report shall contain recommendations for further legislation relating to the availability of such translation services  as  the  chief  administrator  of  the   courts   shall   deem appropriate; and  (B)  Not  later  than  April  first,  two  thousand eighteen, a report evaluating the technical and operational issues involved  in  subjecting the following orders of protection and temporary orders of protection to the  same  requirements,  relative  to translation and interpretation of such orders, as are applicable to orders  of  protection  and  temporary orders  of protection issued under section one hundred sixty-nine of the family court act: (I) orders  of  protection  and  temporary  orders  of protection  issued  under  section  530.12  or  530.13  of  the criminal procedure law; and (II) orders of protection  and  temporary  orders  of protection issued by a town or village justice court.  (ii)  The  office  of court administration shall establish and oversee two pilot programs, as follows:  (A) In one town or village court within  each  judicial  district,  to develop   best   practices  for  the  use  of  written  translation  and interpretation services for orders of protection and temporary orders of protection in the justice courts. Following consultation with the  state magistrates  association,  the  conference of mayors, the association of towns, the unified court system's advisory committee on language access, and such other parties as may be  interested,  the  chief  administrator shall include an analysis and evaluation of this pilot program, together with  a  plan  for its expansion throughout the justice court system, in  the report required pursuant to clause (B) of subparagraph (i)  of  this paragraph.  (B)  In  one  county  in the city of New York and two counties outside such city, to develop best practices for the use of written  translation and  interpretation  services  for  orders  of  protection and temporary orders of protection issued in the state-paid criminal  courts  of  such counties.    Following  consultation  with  the state district attorneys association,   representatives   of   the    criminal    defense    bar, representatives   of   domestic   violence   prevention  legal  services providers, the unified court system's  advisory  committee  on  language access,  and  such  other  parties  as  may  be  interested,  the  chief administrator shall include an analysis and  evaluation  of  this  pilot program, together with a plan for its expansion throughout the state, in the  report  required pursuant to clause (B) of subparagraph (i) of this paragraph.  (u) (i) (A) Not later than February first in each calendar  year,  the chief  administrator  of the courts shall submit to the legislature, the governor and the chief judge  of  the  state  a  report  evaluating  the state's  experience with programs in the use of electronic means for the commencement of actions  and  proceedings  and  the  service  of  papers therein  as  authorized  by  law and containing such recommendations for further legislation  as  he  or  she  shall  deem  appropriate.  In  the preparation  of  such report, the chief administrator shall consult with each county clerk in whose county a  program  has  been  implemented  in civil  cases  in  the supreme court, the advisory committees established pursuant to subparagraphs (ii)  through  (vi)  of  this  paragraph,  the organized  bar  including  but  not  limited  to city, state, county and women's  bar  associations;  the  office  of  indigent  legal  services; institutional  legal  service  providers;  not-for-profit  legal service providers; public defenders;  attorneys  assigned  pursuant  to  article eighteen-B  of  the  county  law;  unaffiliated  attorneys who regularly appear in proceedings that are or have been  affected  by  any  programs that  have  been  implemented  or  who  may  be affected by the proposed recommendations for further  legislation;  representatives  of  victims' rights  organizations;  and  any other persons in whose county a program has been implemented in any of  the  courts  therein  as  deemed  to  be appropriate  by  the chief administrator, and afford them an opportunity to submit comments with respect to such implementation for inclusion  in the report and address any such comments.   Public  comments  shall  also be sought via a prominent posting on the website of the office of court  administration.  All  comments  received from any source shall be posted for public review on the same website.  (B)  The  report  submitted  hereunder  in  the two thousand seventeen calendar year shall include:  (I) the evaluation specified in subparagraph (vi) of  this  paragraph, including  the  entities  or  individuals consulted, input received, all issues encountered or otherwise brought to the attention  of  the  chief administrator or his or her agents, all solutions devised to address the issues, presentment of all outstanding issues, including but not limited to  any  issues  relating  to  the use of electronic means for filing by unrepresented litigants, any recommendations of the  advisory  committee to  the  chief administrator, along with recommendations for legislation in relation to the use  of  electronic  means  for  the  origination  of juvenile delinquency proceedings under article three of the family court act  and  abuse  or  neglect  proceedings pursuant to article ten of the family court act in family court and the filing and service of papers in such pending proceedings.  (II) the evaluation specified in subparagraph (v) of  this  paragraph, including the entities or individuals consulted, the input received, all issues  encountered  or  otherwise brought to the attention of the chief administrator or his or her agents, all solutions devised to address the issues, presentment of all outstanding issues, including but not limited to  any  issues  relating  to  the use of electronic means for filing by unrepresented litigants, recommendations of the  advisory  committee  to the  chief  administrator, along with recommendations for legislation in relation to the use of electronic means for the commencement of criminal actions and the filing and service of papers in pending criminal actions and proceedings.  (III) the evaluation specified in subparagraph (ii) of this paragraph, including the entities or individuals  consulted,  input  received,  all issues  encountered  or  otherwise brought to the attention of the chief administrator or his or her agents, all solutions devised to address the issues, presentment of all outstanding issues, including but not limited to any issues relating to the use of  electronic  means  for  filing  by unrepresented  litigants,  any recommendations of the advisory committee to the chief administrator, along with recommendations  for  legislation in  relation  to  the  use  of  electronic means for the commencement of actions and proceedings and the service and filing of papers therein  in the supreme court.  (IV) the evaluation specified in subparagraph (iii) of this paragraph, including  the  entities  or  individuals consulted, input received, all issues encountered or otherwise brought to the attention  of  the  chief administrator or his or her agents, all solutions devised to address the issues, presentment of all outstanding issues, including but not limited to  any  issues  relating  to  the use of electronic means for filing by unrepresented litigants, any recommendations of the  advisory  committee to  the  chief administrator, along with recommendations for legislation in relation to the use of  electronic  means  for  the  commencement  of actions  and proceedings and the service and filing of papers therein in the surrogate's court.  (V) the evaluation specified in subparagraph (iv) of  this  paragraph, including  the  entities  or  individuals consulted, input received, all issues encountered or otherwise brought to the attention  of  the  chief administrator or his or her agents, all solutions devised to address the issues, presentment of all outstanding issues, including but not limited to  any  issues  relating  to  the use of electronic means for filing by unrepresented litigants, any recommendations of the  advisory  committee to  the  chief administrator, along with recommendations for legislation in relation to the use of  electronic  means  for  the  commencement  of actions  and proceedings and the service and filing of papers therein in the civil court of the city of New York.   In the report, the chief administrator also shall address issues  that bear  upon  the  need  for  the courts, district attorneys and others to retain papers filed with courts  or  served  upon  parties  in  criminal proceedings  where  electronic  means  can  or  have  been used and make recommendations for such changes in laws  requiring  retention  of  such papers as the chief administrator may deem appropriate.  (ii)  The  chief administrator shall maintain an advisory committee to consult with him or her in the  implementation  of  laws  affecting  the program  in  the  use  of electronic means for the commencement of civil actions and proceedings and the service and filing of papers therein  in the  supreme  court.  This  committee  shall  consist  of such number of members as the chief administrator shall designate,  among  which  there shall  be representatives of the organized bar including but not limited to city, state, county and women's bar associations; institutional legal  service providers; not-for-profit  legal  service  providers;  attorneys assigned  pursuant to article eighteen-B of the county law; unaffiliated attorneys who regularly appear in proceedings  that  are  or  have  been affected  by  the  programs  that  have  been  implemented or who may be affected by any recommendations for further legislation  concerning  the use  of electronic means for the commencement of actions and proceedings and the service and filing of papers therein in the supreme  court;  and any  other persons in whose county a program has been implemented in any of the  courts  therein  as  deemed  to  be  appropriate  by  the  chief administrator.  No  fewer  than  half  of  the  members of this advisory committee shall be  upon  the  recommendation  of  the  New  York  state association  of  county  clerks.  Such  committee  shall  help the chief administrator to evaluate the impact of such electronic  filing  program on  litigants  including  unrepresented  parties,  practitioners and the courts and to obtain input from those who are or would  be  affected  by such  electronic  filing program, including unrepresented parties, city, state, county and women's bar associations; institutional legal  service providers;  not-for-profit  legal  service providers; attorneys assigned pursuant to article eighteen-B of the county law; unaffiliated attorneys who regularly appear in proceedings that are or have  been  affected  by the  programs  that  have been implemented or who may be affected by any recommendations for  further  legislation  concerning  the  use  of  the electronic filing program in the supreme court; and any other persons in whose county a program has been implemented in any of the courts therein as deemed to be appropriate by the chief administrator.  (iii)  The chief administrator shall maintain an advisory committee to consult with him or her in the  implementation  of  laws  affecting  the program  in  the use of electronic means for the commencement of actions and proceedings and the service and filing  of  papers  therein  in  the surrogate's  court.  This  committee  shall  consist  of  such number of members as the chief administrator shall  designate  among  which  there shall  be  chief  clerks  of  surrogate's courts; representatives of the organized bar including but not  limited  to  city,  state,  county  and women's  bar  associations;  institutional  providers of legal services; not-for-profit legal service providers; attorneys assigned  pursuant  to article  eighteen-B  of  the  county  law;  unaffiliated  attorneys  who regularly appear in proceedings that are or have been  affected  by  the programs  that  have  been  implemented  or  who  may be affected by any recommendations for further legislation concerning the use of electronic means for the commencement of actions and proceedings  and  the  service and  filing  of  papers  therein in the surrogate's court; and any other persons in whose county a program has been implemented  in  any  of  the courts  therein  as deemed to be appropriate by the chief administrator. Such committee shall help the chief administrator to evaluate the impact of such electronic filing program on litigants  including  unrepresented parties, practitioners and the courts and to obtain input from those who are  or  would  be affected by such electronic filing program, including unrepresented parties, city, state, county and women's bar associations; institutional legal  service  providers;  not-for-profit  legal  service providers;  attorneys  assigned  pursuant  to  article eighteen-B of the county law; unaffiliated attorneys who regularly appear  in  proceedings that  are  or  have  been  affected  by  the  programs  that  have  been implemented or who may be affected by any  recommendations  for  further legislation  concerning  the use of the electronic filing program in the surrogate's court; and any other persons in whose county a  program  has been  implemented  in  any  of  the  courts  therein  as  deemed  to  be appropriate by the chief administrator.  (iv) The chief administrator shall maintain an advisory  committee  to consult  with  him  or  her  in the implementation of laws affecting the program in the use of electronic means for the commencement  of  actions and  proceedings  and  the  service  and filing of papers therein in the civil  court  of  the  city of New York. This committee shall consist of such number of members as the chief administrator shall designate, among which there shall be the chief clerk of the civil court of the  city  of New York; representatives of the organized bar including but not limited to  city,  state,  county  and  women's  bar associations; attorneys who regularly appear in actions specified in subparagraph (C)  of  paragraph two of subdivision (b) of section twenty-one hundred eleven of the civil practice  law and rules; and unaffiliated attorneys who regularly appear in proceedings that are or have been affected by the programs that  have been  implemented  or  who  may  be  affected by any recommendations for further legislation concerning the  use  of  electronic  means  for  the commencement  of  actions  and proceedings and the service and filing of papers therein in the civil court of the city of New York; and any other persons as deemed appropriate by the chief administrator. Such committee shall help the chief  administrator  to  evaluate  the  impact  of  such electronic  filing program on litigants including unrepresented parties, practitioners and the courts and to obtain input from those who  are  or would   be   affected  by  such  electronic  filing  program,  including unrepresented parties, city, state, county and women's bar associations; institutional legal  service  providers;  not-for-profit  legal  service providers;  attorneys  assigned  pursuant  to  article eighteen-B of the county law; unaffiliated attorneys who regularly appear  in  proceedings that  are  or  have  been  affected  by  the  programs  that  have  been implemented or who may be affected by any  recommendations  for  further legislation  concerning  the use of the electronic filing program in the civil court of the city of New York; and  any  other  persons  in  whose county  a  program  has been implemented in any of the courts therein as deemed to be appropriate by the chief administrator.  (v) The chief administrator shall maintain an  advisory  committee  to consult  with  him  or  her  in the implementation of laws affecting the program in the use of electronic means for the commencement of  criminal actions and the filing and service of papers in pending criminal actions and proceedings, as first authorized by paragraph one of subdivision (c) of  section  six  of  chapter  four  hundred  sixteen of the laws of two thousand nine, as amended by chapter one hundred eighty-four of the laws of two thousand twelve, is continued. The  committee  shall  consist  of such  number of members as will enable the chief administrator to obtain input from those who are or would be affected by such electronic  filing program,  and  such members shall include county clerks; chief clerks of supreme, county and other courts; district attorneys; representatives of the office of indigent  legal  services;  not-for-profit  legal  service providers;   public   defenders;   statewide  and  local  specialty  bar associations whose membership devotes a  significant  portion  of  their practice  to  assigned  criminal  cases  pursuant to subparagraph (i) of paragraph (a) of subdivision three of section seven  hundred  twenty-two of  the county law; institutional providers of criminal defense services and other members  of  the  criminal  defense  bar;  representatives  of victims'  rights  organizations;  unaffiliated  attorneys  who regularly appear in proceedings that are or would be affected by  such  electronic filing  program  and  other  interested  members of the criminal justice community. Such committee shall help the chief administrator to evaluate the impact of such electronic  filing  program  on  litigants  including unrepresented  parties, practitioners and the courts and to obtain input from those who are or  would  be  affected  by  such  electronic  filing  program,    including   unrepresented   parties,   district   attorneys, not-for-profit legal service providers, public defenders, statewide  and local  specialty bar associations whose membership devotes a significant portion  of  their  practice  to  assigned  criminal  cases  pursuant to subparagraph (i) of paragraph (a) of subdivision three of section  seven hundred  twenty-two  of  the  county  law;  institutional  providers  of criminal defense services and other members of the criminal defense bar, representatives of victims' rights organizations, unaffiliated attorneys who regularly appear in proceedings that are or  would  be  affected  by such  electronic  filing  program  and  other  interested members of the criminal justice community.  (vi) The chief administrator shall maintain an advisory  committee  to consult  with  him  or  her  in the implementation of laws affecting the program in the use of electronic means for the origination  of  juvenile delinquency  proceedings under article three of the family court act and abuse or neglect proceedings pursuant to article ten of the family court act in family court and the filing and service of papers in such pending proceedings, as first authorized by paragraph one of subdivision (d)  of section  six of chapter four hundred sixteen of the laws of two thousand nine, as amended by chapter one hundred eighty-four of the laws  of  two thousand  twelve,  is  continued.  The  committee  shall consist of such number of members as will enable the chief administrator to obtain input from those who are or  would  be  affected  by  such  electronic  filing program,  and  such members shall include chief clerks of family courts; representatives of authorized presentment and child protective agencies; other appropriate county and city  government  officials;  institutional providers  of legal services for children and/or parents; not-for-profit legal service providers; public defenders; representatives of the office of indigent legal  services;  attorneys  assigned  pursuant  to  article eighteen-B of the county law; and other members of the family court bar; representatives of victims' rights organizations; unaffiliated attorneys who  regularly  appear  in  proceedings that are or would be affected by such electronic filing program; and  other  interested  members  of  the family   practice   community.  Such  committee  shall  help  the  chief administrator to evaluate the impact of such electronic  filing  program on  litigants  including  unrepresented  parties,  practitioners and the courts and to obtain input from those who are or would  be  affected  by such   electronic   filing  program,  including  unrepresented  parties, representatives of authorized presentment and child protective agencies, other appropriate county and city  government  officials,  institutional providers  of legal services for children and/or parents, not-for-profit legal service providers, public defenders, attorneys  assigned  pursuant to  article eighteen-B of the county law and other members of the family court   bar,   representatives   of   victims'   rights   organizations, unaffiliated  attorneys  who regularly appear in proceedings that are or would  be  affected  by  such  electronic  filing  program,  and   other interested members of the criminal justice community.  (u-1)  Compile and publish data on misdemeanor offenses in all courts, disaggregated by county, including the following information:  (i) the aggregate number of misdemeanors charged, by indictment or the filing of a misdemeanor complaint or information;  (ii) the offense charged;  (iii) the race, ethnicity, age, and sex of the individual charged;  (iv) whether the individual was issued a summons or appearance ticket, was subject to custodial arrest, and/or was held prior to arraignment as a result of the alleged misdemeanor;  (v) the precinct or location where the alleged misdemeanor occurred;  (vi) the disposition,  including,  as  the  case  may  be,  dismissal, acquittal,  adjournment in contemplation of dismissal, plea, conviction, or other disposition;  (vii) in the case of dismissal, the reasons therefor; and  (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and surcharges.  (v) Have the power to establish  pilot  programs  for  the  filing  of petitions for temporary orders of protection by electronic means and for the   issuance   of  such  orders  by  audio-visual  means  pursuant  to subdivision (b) of section one hundred fifty-three-c of the family court act.  The  chief  administrator  shall  maintain   an   up-to-date   and publicly-available   listing  of  the  sites,  if  any,  at  which  such applications for ex parte temporary orders of protection may  be  filed, and  at which electronic appearances in support of such applications may be sought, in accordance with such section one hundred fifty-three-c  of the  family  court  act.  In  developing  such  pilot program, the chief administrator shall strive for a program that is regionally diverse, and takes into consideration, among other things, the availability of public transportation, population density and the  availability  of  facilities for conducting such program.  (v-1)  Compile  and publish data on violations, to the greatest extent practicable, in all  courts,  disaggregated  by  county,  including  the following information:  (i)  the  aggregate  number  of violations charged by the filing of an information;  (ii) the violation charged;  (iii) the race, ethnicity, age, and sex of the individual charged;  (iv) whether the individual was issued a summons or appearance ticket, was subject to custodial arrest, and/or was held prior to arraignment as a result of the alleged violation;  (v) the precinct or location where the alleged violation occurred;  (vi) the disposition,  including,  as  the  case  may  be,  dismissal, acquittal, conviction, or other disposition;  (vii) in the case of dismissal, the reasons therefor; and  (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and surcharges.   * (w) To the  extent  practicable,  establish  such  number  of  human trafficking  courts  as  may  be  necessary  to  fulfill the purposes of subdivision five of section  170.15  and  subdivision  four  of  section 180.20 of the criminal procedure law.   * NB There are 2 par (w)'s   * (w) Adopt rules and regulations standardizing use of court-appointed special  advocate  (CASA)  programs  in  this  state  and  governing the structure, administration and operation of such programs.   * NB There are 2 par (w)'s  (w-1) The chief administrator shall include the  information  required by  paragraphs  (u-1) and (v-1) of this subdivision in the annual report submitted to the legislature and the governor pursuant to paragraph  (j) of  subdivision  one of this section. The chief administrator shall also make the information required by paragraphs  (u-1)  and  (v-1)  of  this subdivision  available to the public by posting it on the website of the office of court administration and shall update such  information  on  a monthly basis. The information shall be posted in alphanumeric form that can  be  digitally transmitted or processed and not in portable document format or scanned copies of original documents.  (x) Take such actions and adopt such measures as may be  necessary  to ensure that no written or electronic report of a criminal history record search  conducted  by  the  office of court administration, other than a  search  conducted  solely  for  the  internal  recordkeeping   or   case management  purposes  of  the  judiciary  or  for  a  bona fide research purpose, contains  information  relating  to  an  undisposed  case.  For purposes  of  this  paragraph,  "undisposed  case" shall mean a criminal action or proceeding, or an arrest incident, appearing in  the  criminal history  records  of  the  office  of  court administration for which no conviction, imposition of sentence, order  of  removal  or  other  final disposition,  other  than  the  issuance  of  an  apparently  unexecuted warrant, has been recorded and with respect to which no entry  has  been made  in  such records for a period of at least five years preceding the issuance of such report. Nothing contained in this  paragraph  shall  be deemed   to   permit   or  require  the  release,  disclosure  or  other dissemination by the office of court administration of criminal  history record information that has been sealed in accordance with law.  (x-1)  Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be construed  as  granting  authority  to  the  chief  administrator,  a criminal  justice  or  law enforcement agency, a governmental entity, or any agent or representative of the foregoing, to  use,  disseminate,  or publish  any  individual's  name,  date of birth, NYSID, social security number, docket number, or other unique identifier in  violation  of  the criminal procedure law, the general business law, or any other law.  (y)  Take  such actions and adopt such measures as may be necessary to ensure that no written or electronic report of a criminal history record search conducted by the office of court  administration,  other  than  a search   conducted   solely  for  the  internal  recordkeeping  or  case management purposes of  the  judiciary  or  for  a  bona  fide  research purpose,  contains information about any action or proceeding terminated prior to November first, nineteen ninety-one in favor of the accused, as defined by section 160.50 of the criminal procedure law,  or  sealed  in the manner provided by section 160.55 of the criminal procedure law.  (y-1)  Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be construed  as  granting  authority  to  the  chief  administrator,  a criminal  justice  or  law  enforcement agency, a governmental entity, a party, a judge, a prosecutor, or any  agent  or  representative  of  the foregoing  to  introduce,  use,  disseminate,  publish  or  consider any records in any judicial or administrative proceeding expunged or  sealed under  applicable  provisions  of the criminal procedure law, the family court act, or any other law.  (z) take such actions and adopt such measures as may be  necessary  to ensure  that  a  certificate  of  disposition or a written or electronic report of a criminal history search conducted  for  the  public  by  the office  of court administration contains only records of convictions, if any, and information about pending  cases.  This  limitation  shall  not apply  to  searches  conducted  for  the  internal recordkeeping or case management purposes of the judiciary, or  produced  to  the  court,  the people, and defense counsel in a criminal proceeding, or for a bona fide research purpose, or, where appropriate, to the defendant or defendant's designated agent.  (z-1)  In  executing the requirements of paragraphs (u-1) and (v-1) of this section, the chief administrator may adopt  rules  consistent  with the  requirements  of  paragraphs (x-1) and (y-1) of this subdivision to secure the information specified herein from the  office  of  the  state comptroller  in  such  form  and manner as the chief administrator shall prescribe.  Further,   to   facilitate   this   provision,   the   chief administrator  shall adopt rules to facilitate record sharing, retention and other necessary communication among  the  criminal  courts  and  law enforcement  agencies,  subject to applicable provisions of the criminal  procedure law, the family court act, and any other law pertaining to the confidentiality, expungement and sealing of records.   * (aa)  (i) In order to maintain access to the court and open judicial proceedings for all persons in their individual capacity and to  prevent interference  with the needs of judicial administration, consistent with section twenty-eight of the civil rights law and section four-a of  this chapter, shall promulgate rules to ensure the following:  (A)  any  representative of a law enforcement agency who, while acting in an official capacity, enters a New York state courthouse intending to observe an individual or take an individual into custody shall  identify himself  or  herself  to  uniformed court personnel and state his or her specific law enforcement purpose and the proposed enforcement action  to be  taken; any such representative who has a warrant or order concerning such intended arrest shall provide a copy of such warrant  or  order  to such court personnel;  (B)  any  such  warrant  or order concerning such intended enforcement action shall be promptly reviewed by a judge or court attorney;  (C) information about any such proposed enforcement  action  shall  be transmitted  to  and  reviewed  by  appropriate  court system personnel, including the judge presiding over any case  involving  the  subject  of that enforcement action;  (D)  except in extraordinary circumstances, no arrest may be made by a representative of a law enforcement agency in a courtroom  absent  leave of the court;  (E)  no  civil  arrest  shall  be  executed  inside  a  New York state courthouse except pursuant to  a  judicial  warrant  or  judicial  order authorizing the arrest;  (F)  an  unusual  occurrence  report  shall  be  filed by court system personnel for every enforcement  action  taken  inside  the  courthouse, including  the observation of court proceedings by a representative of a law enforcement agency acting in such person's official capacity; and  (G) copies of all judicial warrants and judicial orders authorizing an arrest and provided to court personnel pursuant to  this  paragraph  and the  rules  promulgated  thereunder  shall  be  maintained  by the chief administrator in a central record repository, appropriately  indexed  or filed alphabetically by name.  (ii) The chief administrator shall publish on the unified court system website and provide to the governor, the speaker of the assembly and the temporary president of the senate an annual report compiling statistics, aggregated  by county, setting forth the date each such judicial warrant or judicial order was signed, the judge  and  court  which  issued  such judicial  warrant  or  judicial  order and the location of such court as shown by such document, the date such judicial warrant or judicial order was presented to counsel for the unified court system, a description  of the  type of judicial warrant or judicial order and, to the extent known to court personnel, whether or not an arrest occurred  with  respect  to such warrant and the date and specific location of such arrest.   * NB There are 2 par (aa)'s   * (aa)  Not  later  than  January first, two thousand twenty-two, make available Spanish translations of the  additional  notices  in  consumer credit transaction actions and proceedings required by section 306-d and subdivision  (j)  of  rule 3212 of the civil practice law and rules, and make available  form  affidavits  required  for  a  motion  for  default judgment  in a consumer credit transaction action or proceeding required by subdivision (f) of section 3215 of the civil practice law and rules.   * NB There are 2 par (aa)'s  (bb) To the extent practicable,  establish  such  number  of  veterans treatment  courts  as  may  be  necessary  to  fulfill  the  purposes of  subdivision five of section 170.15, subdivision four of section  180.20, section 230.11 and section 230.21 of the criminal procedure law.