New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 36 - Appointments By The Court › Section 36.3 - Procedure for appointment

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a)
					 Application for appointment. The Chief Administrator shall provide for the
					 application by persons seeking appointments pursuant to this Part on such forms
					 as shall be promulgated by the Chief Administrator. The forms shall contain
					 such information as is necessary to establish that the applicant meets the
					 qualifications for the appointments covered by this Part and to apprise the
					 appointing judge of the applicant's background.
(b) Qualifications for appointment. The Chief
					 Administrator shall establish requirements of education and training for
					 placement on the list of available applicants. These requirements shall
					 consist, as appropriate, of substantive issues pertaining to each category of
					 appointment- including applicable law, procedures, and ethics-as well as
					 explications of the rules and procedures implementing the process established
					 by this Part. Education and training courses and programs shall meet the
					 requirements of these rules only if certified by the Chief Administrator.
					 Attorney participants in these education and training courses and programs may
					 be eligible for continuing legal education credit in accordance with the
					 requirements of the Continuing Legal Education Board.
(c) Establishment of lists. The Chief
					 Administrator shall establish separate lists of qualified applicants for each
					 category of appointment, and shall make available such information as will
					 enable the appointing judge to be apprised of the background of each applicant.
					 The Chief Administrator may establish more than one list for the same
					 appointment category where appropriate to apprise the appointing judge of
					 applicants who have substantial experience in that category. Pursuant to
					 section
					 81.32
					 (b) of the Mental Hygiene Law, the Presiding
					 Justice of the appropriate Appellate Division shall designate the qualified
					 applicants on the lists of court examiners established by the Chief
					 Administrator.
(d) Registration.
					 The Chief Administrator shall establish a procedure requiring that each person
					 on a list reregister every two years in order to remain on the list.
(e) Removal from lists. The Chief
					 Administrator may remove any person from any list for unsatisfactory
					 performance or any conduct incompatible with appointment from that list, or if
					 disqualified from appointment pursuant to this Part. A person may not be
					 removed except upon receipt of a written statement of reasons for the removal
					 and an opportunity to provide an explanation and to submit facts in opposition
					 to the removal.
(f) Notwithstanding
					 section 36.3(e), pending
					 a final determination on the issue of removal, the Chief Administrator may
					 temporarily suspend any person from any list upon a showing of good cause that
					 the person's conduct places clients or wards at significant risk of financial
					 or other harm, or presents an immediate threat to the public.