reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.5 - Mandatory pretrial conference

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Where a presiding trial judge has
					 approved, in whole or in part, an application for coverage of any judicial
					 proceeding, the judge, before any such coverage is to begin, shall conduct a
					 pretrial conference for the purpose of reviewing, with counsel to all parties
					 to the proceeding and with representatives of the news media who will provide
					 such coverage, any objections to coverage that have been raised, the scope of
					 coverage to be permitted, the nature and extent of the technical equipment and
					 personnel to be deployed, and the restrictions on coverage to be observed. The
					 court may include in the conference any other person whom it deems appropriate,
					 including prospective witnesses and their representatives.
(b) Where two or more
					 representatives of the news media are parties to an approved application for
					 coverage, no such coverage may begin until all such representatives have agreed
					 upon a pooling arrangement for their respective news media prior to the
					 pretrial conference. Such pooling arrangement shall include the designation of
					 pool operators and replacement pool operators for the electronic and motion
					 picture media and for the still photography media, as appropriate. It also
					 shall include procedures for the cost-sharing and dissemination of audio-visual
					 material and shall make due provision for educational users' needs for full
					 coverage of entire proceedings. The presiding trial judge shall not be called
					 upon to mediate or resolve any dispute as to such arrangement. Nothing herein
					 shall prohibit a person or organization that was not party to an approved
					 application for coverage from making appropriate arrangements with the pool
					 operator to be given access to the audio-visual material produced by the
					 pool.
(c) In
					 determining the scope of coverage to be permitted, the presiding trial judge
					 shall be guided by a consideration of all relevant factors, including those
					 prescribed in subdivision (d) of section
					 131.3 of this Part. Wherever
					 necessary or appropriate, the presiding trial judge shall, at any time before
					 or during the proceeding, proscribe coverage or modify, expand, impose, or
					 remove special limitations on coverage.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.6 - Use and deployment of equipment and personnel by the news media

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Limitations upon use of
					 equipment and personnel in the courtroom.
(1) No more than two electronic or
					 motion picture cameras and two camera operators shall be permitted in any
					 proceeding.
(2) No
					 more than two photographers to operate one still camera each shall be permitted
					 in any proceeding.
(3) No more than one audio system for
					 broadcast purposes shall be permitted in any proceeding. Audio pickup for all
					 news media purposes shall be effectuated through existing audio systems in the
					 court facility. If no technically suitable audio system is available,
					 microphones and related wiring essential for media purposes shall be supplied
					 by those persons providing coverage. Any microphones and sound wiring shall be
					 unobtrusive and placed where designated by the presiding trial judge.
(4) Notwithstanding the
					 provisions of paragraphs (1)-(3) of this subdivision, the presiding trial judge
					 on a finding of special circumstances may modify any restriction on the amount
					 of equipment or number of operating personnel in the courtroom, compatible with
					 the dignity of the court or the judicial process.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.7 - Additional restrictions on coverage

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) No audio pickup or audio broadcast
					 of conferences that occur in a court facility between attorneys and their
					 clients, between co-counsel of a client, or between counsel and the presiding
					 trial judge, shall be permitted without the prior express consent of all
					 participants in the conference.
(b) No conference in chambers shall be
					 subject to coverage.
(c) No coverage of the selection of the
					 prospective jury during voir dire shall be permitted.
(d) No coverage of the jury,
					 or of any juror or alternate juror, while in the jury box, in the courtroom, in
					 the jury deliberation room, or during recess, or while going to or from the
					 deliberation room at any time, shall be permitted provided, however, that, upon
					 consent of the foreperson of a jury, the presiding trial judge may, in his or
					 her discretion, permit audio coverage of such foreperson delivering a
					 verdict.
(e) No
					 coverage shall be permitted of the victim in a prosecution for rape, sodomy,
					 sexual abuse, or other sex offense under article 130 or section
					 255.25 of the
					 Penal Law; notwithstanding the initial approval of a request for audio-visual
					 coverage of such a proceeding, the presiding trial judge shall have discretion
					 throughout the proceeding to limit any coverage that would identify the
					 victim.
(f) No
					 coverage of any participant shall be permitted if the presiding trial judge
					 finds that such coverage is liable to endanger the safety of any
					 person.
(g) No
					 coverage of any judicial proceedings that are by law closed to the public, or
					 that may be closed to the public and that have been closed by the presiding
					 trial judge, shall be permitted.
(h) No coverage of any suppression
					 hearing shall be permitted without the prior consent of all parties to the
					 proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.8 - Supervision of audio-visual coverage

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Coverage of judicial proceedings
					 shall be subject to the continuing supervision of the presiding trial judge. No
					 coverage shall take place within the courtroom, whether during recesses or at
					 any other time, when the presiding trial judge is not present and
					 presiding.
(b)
					 Notwithstanding the approval of an application for permission to provide
					 coverage of judicial proceedings, the presiding trial judge shall have
					 discretion throughout such proceedings to revoke such approval or to limit the
					 coverage authorized in any way.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.9 - Appellate courts

Current through Register Vol. 46, No. 28, July
					 10, 2024
These rules shall not apply to coverage of
						proceedings in appellate courts or affect the rules governing such coverage
						contained in Part 29 of the Rules of the Chief Judge (22 NYCRR Part
						29).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.10 - Forms

Current through Register Vol. 46, No. 28, July 10,
					 2024
The Chief Administrator will promulgate
						and make available forms for applications and judicial orders pursuant to
						section 131.3 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 132 - Unified Court System Employee Suggestion Incentive Program › Section 132.1 - Program

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Purpose. The Employee Suggestion Incentive Program (hereinafter "program") is
					 designed to encourage and reward unusual and meritorious suggestions by State
					 employees and retired State employees that promote efficiency and economy in
					 the operation of the Unified Court System.
(b) Eligibility. All State employees,
					 persons who retire from State service, and persons who leave State service for
					 reasons other than retirement shall be eligible to participate in the program,
					 and to receive awards thereunder, subject to the following restrictions:
(1) Except as the Chief
					 Administrator may otherwise provide, no State employee may receive an award for
					 a suggestion:
(i) that relates
					 to his or her duties where such duties involve planning or research;
(ii) where, as part of his or
					 her duties, such employee is assigned a particular problem to solve and the
					 suggestion contributes to the solution of such problem; or
(iii) where such employee
					 serves on a special committee and the suggestion falls within the scope of the
					 committee's assignment.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 133 - Unified Court System Merit Performance Award Program › Section 133.1 - Program

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Purpose. The Merit Performance Award Program (hereinafter "program") is
					 designed to recognize and reward employees of the Unified Court System for
					 meritorious conduct on the job or in the community.
(b) Eligibility. All employees
					 of the Unified Court System shall be eligible for nomination for an award under
					 this section. Such nomination may be made by any person.
(c) Program coordinator. There
					 shall be a Merit Performance Award Program Coordinator who shall be responsible
					 for operation of the program. The coordinator shall:
(1) ensure that nomination forms are
					 made available;
(2)
					 receive nominations;
(3) solicit comments thereon from
					 appropriate authorities; and
(4) transmit to the Merit Performance
					 Award Program Committee each nomination that he or she believes should be
					 subject to consideration for an award.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction › Section 134.1 - Definition of family offense

Current through Register Vol. 46, No.
					 28, July 10, 2024
For purposes of this Part, a family
						offense shall mean any offense committed by defendant against:
(a) a person related to
					 defendant by consanguinity or affinity, whether or not such person resides with
					 defendant;
(b) a
					 person to whom defendant was or is married, whether or not such person resides
					 with defendant;
(c)
					 a person with whom defendant has a child in common, whether or not such person
					 was or is married to defendant or resides with defendant; or
(d) a person with whom
					 defendant resides.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction › Section 134.2 - Family offense designation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) An
					 accusatory instrument that charges a defendant in a criminal proceeding with a
					 family offense shall include a designation that an offense charged therein is a
					 family offense and a description of the relationship between defendant and the
					 alleged victim. Such designation and description shall be placed on the upper
					 right hand corner of the accusatory instrument in the following form:
FO
Defendant:....(relationship to alleged victim)
						...........................................................
Alleged victim:.. (relationship to
						defendant)...........................................................
(b) The designation shall be
					 placed on the accusatory instrument by the criminal justice agency that
					 prepares that instrument, provided that where a accusatory instrument charging
					 a family offense has not been prepared by a criminal justice agency, the court
					 shall place such designation on the accusatory instrument.
(c) Where protection of the identity of an
					 alleged victim of a family offense is required by law or otherwise is deemed
					 appropriate, and where placement of the family offense designation on the
					 accusatory instrument would tend to identify the victim, the criminal justice
					 agency may file instead a separate statement annexed to the accusatory
					 instrument, alerting the court that a family offense is charged therein and
					 describing defendant's relationship to the alleged victim. Such statement shall
					 not be made available to the public.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 135 - Sick Leave Bank Program › Section 135.1 - Membership

Current through Register Vol. 46, No. 28, July 10,
					 2024
All employees subject to the provision of
						Part 24 of this Title shall participate in the sick leave bank program
						established by this Part unless they decline membership in writing by filing
						the required waiver form with the Division of Human Resources of the Office of
						Court Administration.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 135 - Sick Leave Bank Program › Section 135.2 - Establishment of sick leave bank

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) At such date as designated by the
					 Chief Administrator of the Courts, each participating employee shall contribute
					 seven hours of accrued and unused sick leave credits to the bank. Employees
					 with insufficient sick leave time as of that date will have the deduction taken
					 from annual leave, or if none, from compensatory time, or if no accruals, from
					 subsequent accruals of sick leave.
(b) Employees who thereafter are
					 appointed to an unrepresented position shall contribute their first seven hours
					 of sick leave credit to the bank unless they waive membership by filing the
					 notice required in section
					 135.1 of this Part.
(c) On each succeeding
					 anniversary of the creation of the bank, the Chief Administrator or his or her
					 designee may require each participant to contribute up to seven additional
					 hours of sick leave time, in the manner as set forth in subdivision (a) of this
					 section, upon a finding that the bank requires further accruals of sick leave
					 credits for the program to remain viable.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 135 - Sick Leave Bank Program › Section 135.3 - Grants from sick leave bank

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Eligibility. Bank members are
					 eligible to request a grant of sick leave credits from the bank if they:
(1) have one year of service
					 with the court system;
(2) are necessarily absent from work
					 due to serious injury or illness; and
(3) have exhausted all leave
					 accruals.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 135 - Sick Leave Bank Program › Section 135.4 - Separation from service

Current through Register Vol. 46, No. 28, July
					 10, 2024
Employees who retire from state service
						and had an unused grant of bank credits prior to retirement may retain any
						unused grant of bank credits, up to a maximum of 70 hours, for retirement
						service credit or to pay for health insurance in retirement pursuant to section
						24.4(b) of this
						Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.0 - Scope of program

Current through Register Vol. 46, No. 28, July
					 10, 2024
This Part establishes the New York State
						Fee Dispute Resolution Program, which provides for the informal and expeditious
						resolution of fee disputes between attorneys and clients through arbitration
						and mediation. In accordance with the procedures for arbitration, arbitrators
						shall determine the reasonableness of fees for professional services, including
						costs, taking into account all relevant facts and circumstances. Mediation of
						fee disputes, where available, is strongly encouraged.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 This Part shall apply where representation has commenced on or after January 1,
					 2002, to all attorneys admitted to the bar of the State of New York who
					 undertake to represent a client in any civil matter.
(b) This Part shall not apply
					 to any of the following:
(1)
					 representation in criminal matters;
(2) amounts in dispute involving a sum
					 of less than $1,000 or more than $50,000, except that an arbitral body may hear
					 disputes involving other amounts if the parties have consented;
(3) claims involving
					 substantial legal questions, including professional malpractice or
					 misconduct;
(4)
					 claims against an attorney for damages or affirmative relief other than
					 adjustment of the fee;
(5) disputes where the fee to be paid
					 by the client has been determined pursuant to statute or rule and allowed as of
					 right by a court; or where the fee has been determined pursuant to a court
					 order;
(6) disputes
					 where no attorney's services have been rendered for more than two
					 years;
(7) disputes
					 where the attorney is admitted to practice in another jurisdiction and
					 maintains no office in the State of New York, or where no material portion of
					 the services was rendered in New York; and
(8) disputes where the request for
					 arbitration is made by a person who is not the client of the attorney or the
					 legal representative of the client.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.2 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 In the event of a fee dispute between attorney and client, whether or not the
					 attorney already has received some or all of the fee in dispute, the client may
					 seek to resolve the dispute by arbitration under this Part. Arbitration under
					 this Part shall be mandatory for an attorney if requested by a client, and the
					 arbitration award shall be final and binding unless de novo review is sought as
					 provided in section
					 137.8 of this Part.
(b) The client may consent in
					 advance to submit fee disputes to arbitration under this Part. Such consent
					 shall be stated in a retainer agreement or other writing that specifies that
					 the client has read the official written instructions and procedures for this
					 Part, and that the client agrees to resolve fee disputes under this
					 Part.
(c) The
					 attorney and client may consent in advance to arbitration pursuant to this Part
					 that is final and binding upon the parties and not subject to de novo review.
					 Such consent shall be in writing in a form prescribed by the board of
					 governors.
(d) The
					 attorney and client may consent in advance to submit fee disputes for final and
					 binding arbitration to an arbitral forum other than an arbitral body created by
					 this Part. Such consent shall be in writing in a form prescribed by the board
					 of governors. Arbitration in that arbitral forum shall be governed by the rules
					 and procedures of that forum and shall not be subject to this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.3 - Board of governors

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) There shall be a Board of Governors
					 of the New York State Fee Dispute Resolution Program.
(b) The board of governors
					 shall consist of 18 members, to be designated from the following: 12 members of
					 the bar of the State of New York and six members of the public who are not
					 lawyers. Members of the bar may include judges and justices of the New York
					 State Unified Court System.
(1) The members from the bar shall be
					 appointed as follows: four by the Chief Judge from the membership of statewide
					 bar associations and two each by the Presiding Justices of the Appellate
					 Divisions.
(2) The
					 public members shall be appointed as follows: two by the Chief Judge and one
					 each by the Presiding Justices of the Appellate Divisions.
Appointing officials shall give
						consideration to appointees who have some background in alternative dispute
						resolution.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.4 - Arbitral bodies

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) A fee dispute resolution program
					 recommended by the board of governors, and approved by the Presiding Justice of
					 the Appellate Division in the judicial department where the program is
					 established, shall be established and administered in each county or in a
					 combination of counties. Each program shall be established and administered by
					 a local bar association (the arbitral body) to the extent practicable. The New
					 York State Bar Association, the Unified Court System through the District
					 Administrative Judges, or such other entity as the board of governors may
					 recommend also may be designated as an arbitral body in a fee dispute
					 resolution program approved pursuant to this Part.
(b) Each arbitral body shall:
(1) establish written
					 instructions and procedures for administering the program, subject to the
					 approval of the board of governors and consistent with this Part. The
					 procedures shall include a process for selecting and assigning arbitrators to
					 hear and determine the fee disputes covered by this Part. Arbitral bodies are
					 strongly encouraged to include nonlawyer members of the public in any pool of
					 arbitrators that will be used for the designation of multi-member arbitrator
					 panels;
(2) require
					 that arbitrators file a written oath or affirmation to faithfully and fairly
					 arbitrate all disputes that come before them;
(3) be responsible for the daily
					 administration of the arbitration program and maintain all necessary files,
					 records, information and documentation required for purposes of the operation
					 of the program, in accordance with directives and procedures established by the
					 board of governors;
(4) prepare an annual report for the
					 board of governors containing a statistical synopsis of fee dispute resolution
					 activity and such other data as the board shall prescribe; and
(5) designate one or more
					 persons to administer the program and serve as a liaison to the public, the
					 bar, the board of governors and the grievance committees of the Appellate
					 Division.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.5 - Venue

Current through Register Vol. 46, No. 28, July 10,
					 2024
A fee dispute shall be heard by the
						arbitral body handling disputes in the county in which the majority of the
						legal services were performed. For good cause shown, a dispute may be
						transferred from one arbitral body to another. The board of governors shall
						resolve any disputes between arbitral bodies over venue.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.6 - Arbitration procedure

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a)
(1) Except as set forth in paragraph (2),
					 where the attorney and client cannot agree as to the attorney's fee or where
					 the attorney seeks to commence an action against the client for attorney's
					 fees, the attorney shall forward a written notice to the client, entitled
					 Notice of Client's Right to Arbitrate, by certified mail or by personal
					 service. The notice
(i) shall be in a form
					 approved by the board of governors;
(ii) shall contain a statement of the
					 client's right to arbitrate;
(iii)
					 shall advise that the client has 30 days from receipt of the notice in which to
					 elect to resolve the dispute under this Part;
(iv) shall be accompanied by the written
					 instructions and procedures for the arbitral body having jurisdiction over the
					 fee dispute, which explain how to commence a fee arbitration proceeding;
					 and
(v) shall be accompanied by a
					 copy of the "request for arbitration" form necessary to commence the
					 arbitration proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.7 - Arbitration hearing

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Arbitrators shall have the power
					 to:
(1) take and hear evidence
					 pertaining to the proceeding;
(2) administer oaths and affirmations;
					 and
(3) compel, by
					 subpoena, the attendance of witnesses and the production of books, papers and
					 documents pertaining to the proceeding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.8 - De novo review

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) A party aggrieved by the
					 arbitration award may commence an action on the merits of the fee dispute in a
					 court of competent jurisdiction within 30 days after the arbitration award has
					 been mailed. If no action is commenced within 30 days of the mailing of the
					 arbitration award, the award shall become final and binding.
(b) Any party who fails to
					 participate in the hearing shall not be entitled to seek de novo review absent
					 good cause for such failure to participate.
(c) Arbitrators shall not be called as
					 witnesses nor shall the arbitration award be admitted in evidence at the trial
					 de novo.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.9 - Filing fees

Current through Register Vol. 46, No. 28, July
					 10, 2024
Upon application to the board of
						governors, and approval by the Presiding Justice of the Appellate Division in
						the judicial department where the arbitral program is established, an arbitral
						body may require payment by the parties of a filing fee. The filing fee shall
						be reasonably related to the cost of providing the service and shall not be in
						such an amount as to discourage use of the program.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.10 - Confidentiality

Current through Register Vol. 46, No. 28, July 10,
					 2024
All proceedings and hearings commenced and
						conducted in accordance with this Part, including all papers in the arbitration
						case file, shall be confidential, except to the extent necessary to take
						ancillary legal action with respect to a fee matter.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.11 - Failure to participate in arbitration

Current through Register
					 Vol. 46, No. 28, July 10, 2024
All attorneys are required to participate
						in the arbitration program established by this Part upon the filing of a
						request for arbitration by a client in conformance with these rules. An
						attorney who without good cause fails to participate in the arbitration process
						shall be referred to the appropriate grievance committee of the Appellate
						Division for appropriate action.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 137 - Fee Dispute Resolution Program › Section 137.12 - Mediation

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Arbitral bodies are strongly encouraged to offer mediation services as part of
					 a mediation program approved by the board of governors. The mediation program
					 shall permit arbitration pursuant to this Part in the event the mediation does
					 not resolve the fee dispute.
(b) All mediation proceedings and all
					 settlement discussions and offers of settlement are confidential and may not be
					 disclosed in any subsequent arbitration.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 138 - Justice Court Assistance Program › Section 138.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
This Part prescribes rules and regulations
						governing administration of the Justice Court Assistance Program. This program
						was established by the Legislature to provide a means by which towns and
						villages may obtain limited State funding to improve operation of their Justice
						Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 138 - Justice Court Assistance Program › Section 138.2 - Purposes for which Justice Court Assistance Program funds may be used

Current through Register Vol. 46, No. 28, July 10,
					 2024
Funding available pursuant to this Part
						may be used for any purpose having as its end enhancement of the Justice
						Courts' ability to provide suitable and sufficient services to their respective
						communities. These purposes may include, but shall not be limited to,
						automation of court operations; provision of appropriate means for the
						recording of court proceedings; provision of lawbooks, treatises and related
						materials; provision of appropriate training for justices and for nonjudicial
						court staff; and the improvement or expansion of court facilities. Funding
						shall not be used to compensate justices and nonjudicial court staff, nor shall
						it be used as a means of reducing funding provided by a town or village to its
						Justice Court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 138 - Justice Court Assistance Program › Section 138.4 - Approval

Current through Register Vol. 46, No. 28, July 10,
					 2024
The Chief Administrator shall approve
						applicants for funding pursuant to this Part. Such approval shall be made as
						soon as practicable. In determining whether to approve an applicant, the Chief
						Administrator shall consider:
(a) whether the applicant has complied
					 with these rules and regulations and all pertinent provisions of article 21-B
					 of the Judiciary Law;
(b) the likely impact of approving its
					 application upon the court or courts to be affected thereby, upon the
					 communities served, and upon the judiciary generally;
(c) the availability of other
					 sources of funding to pay some or all of the costs for which the application
					 seeks funding under the program;
(d) the number and content of all other
					 applications for funding then available under the program, and the amount of
					 such funding; and
(e) the extent of funding already
					 received under the program by the applicant (or joint applicants) pursuant to
					 past applications.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 138 - Justice Court Assistance Program › Section 138.5 - Payment

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 General. Once the Chief Administrator approves an application for funding
					 pursuant to this Part, he or she shall authorize a disbursement of funds in any
					 amount up to the amount sought in the application and shall specify the purpose
					 or purposes to which such funds may be applied; provided, however, he or she
					 shall not approve a disbursement of funds exceeding $30,000, unless the
					 application is a joint application in which event he or she shall not approve a
					 disbursement of funds exceeding the product of the number of joint applicants
					 and $30,000. Any disbursement of funds hereunder shall at all times be subject
					 to the availability of appropriations.
(b) How made. A disbursement of funds
					 pursuant to subdivision (a) of this section may be by advance payment to the
					 applicant (or joint applicants, as appropriate) before it incurs a cost or
					 costs for which funding has been authorized, by reimbursement to the applicant
					 after it incurs and pays such cost or costs in the first instance, or by some
					 combination thereof, as the Chief Administrator may determine to be
					 appropriate. Unless the Chief Administrator shall otherwise provide, funds
					 disbursed hereunder shall be spent within 180 days of the applicant's receipt
					 thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 138 - Justice Court Assistance Program › Section 138.6 - Program evaluation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator may require
					 each town and village for which an application for funding pursuant to this
					 Part has been approved to file such reports as may be necessary to enable him
					 or her to monitor the operation and success of the Justice Court Assistance
					 Program.
(b) The
					 State Comptroller, the Chief Administrator and their authorized representatives
					 shall have the power to inspect, examine and audit the fiscal affairs of each
					 town and village for which an application for funding pursuant to this Part has
					 been approved to the extent necessary to determine whether the funding received
					 has been used for the purpose or purposes specified by the Chief Administrator
					 in approving the application, and whether there has been compliance with these
					 rules and regulations and the provisions of article 21-B of the Judiciary
					 Law.
(c) The Chief
					 Administrator may halt the disbursement of funds pursuant to this Part or
					 confiscate any property purchased with funds disbursed hereunder at any time he
					 or she determines that the recipient(s) of such funds or the holders of such
					 property are not using them in an authorized manner, or that any of these rules
					 and regulations or the provisions of article 21-B are being violated.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 140 - Civil Actions Or Proceedings Brought By Inmates › Section 140.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
This Part shall apply where a Federal, State or local
						incarcerated person under sentence for conviction of a crime who is seeking to
						commence a civil action or proceeding, other than a proceeding brought under
						CPLR article 78 that alleges a failure to correctly award or certify jail time
						credit due an incarcerated person, brings a motion for permission to proceed as
						a poor person pursuant to article 11 of the Civil Practice Law and Rules
						("CPLR"). For purposes of this Part:
(i) "appropriate correctional official" shall
					 mean the superintendent or other public official in charge of the facility
					 where the incarcerated person is confined and
(ii) "incarcerated person's trust fund
					 account" shall mean an incarcerated person's correctional facility trust fund
					 account or the institutional equivalent thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 140 - Civil Actions Or Proceedings Brought By Inmates › Section 140.2 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) As required by
					 subdivision (f) of section 1101 of the CPLR, and in addition to such other
					 papers as may be required by law, such incarcerated person shall complete and
					 file with the court the form affidavit referred to in subdivision (d) of that
					 section along with the summons and complaint or petition or notice of petition
					 or order to show cause. Such affidavit shall be in the form set forth in
					 Appendix A-1 of this Part.
(b) Upon
					 receipt of an incarcerated person's motion, the court may assign an index
					 number to the underlying action or proceeding or, in a court other than Supreme
					 or County Court, such other filing number as is appropriate to the court. The
					 motion shall thereupon be assigned to a judge of the court who, prior to
					 disposition thereof, shall cause to be obtained such information concerning the
					 incarcerated person's trust fund account as is required by paragraph one of
					 subdivision (f) of section 1101 of the CPLR.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 140 - Civil Actions Or Proceedings Brought By Inmates › Section 140.3 - Disposition of motion

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Form of
					 order. Upon determining an incarcerated person's motion for permission to
					 proceed as a poor person, the court shall issue an order, which shall be in the
					 form set forth in Appendix A-2 of this Part.
(b) Order granting motion. Where a court
					 grants an incarcerated person's motion for permission to proceed as a poor
					 person, and the court's order requires the incarcerated person to make an
					 initial payment of a portion of the filing fee that is imposed, the
					 incarcerated person may not file a request for judicial intervention in the
					 action or proceeding, nor shall the court report any outstanding fee obligation
					 to the appropriate correctional official, to be collected from the incarcerated
					 person's trust fund account, until such initial payment is fully received by
					 the court. Once such initial payment is fully received by the court, or where
					 the court's order does not require the incarcerated person's to make an initial
					 payment, the action or proceeding may go forward as if all fees required
					 therein had been paid and the court shall report such amount of the filing fee
					 as remains unpaid as an outstanding obligation, to be collected from the
					 incarcerated person's trust fund account, to the appropriate correctional
					 official.
(c) Order denying motion.
					 Where a court denies an incarcerated person's motion for permission to proceed
					 as a poor person, the incarcerated person may not file a request for judicial
					 intervention in the action or proceeding until the incarcerated person pays the
					 proper index number or first paper fee, as appropriate, to the court. In the
					 event no such payment is made within 120 days of the date of the order, the
					 action or proceeding shall be dismissed by the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 140 - Civil Actions Or Proceedings Brought By Inmates › Section 140.4 - Special procedure where fee is collected from a source other than an incarcerated person's trust fund account

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Where:
(i) a
					 court issues an order granting an incarcerated person's motion for permission
					 to proceed as a poor person and reports some or all of the filing fee imposed
					 pursuant to such order to the appropriate correctional official as an
					 outstanding obligation to be collected from the incarcerated person's trust
					 fund account; and
(ii) thereafter
					 the incarcerated person's or a person acting on his or her behalf pays the
					 amount of the outstanding obligation to the clerk of the court, the court shall
					 forthwith issue an order directing the appropriate correctional official to
					 cease collection of the obligation and to restore to the incarcerated person's
					 trust fund account any funds theretofore withheld therefrom to satisfy the
					 obligation. Such order shall be in the form set forth in Appendix A-3 of this
					 Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 140 - Civil Actions Or Proceedings Brought By Inmates › Section 140.5 - Claims in the Court of Claims

Current through Register Vol. 46, No. 28,
					 July 10, 2024
This Part shall not apply where an incarcerated person
						seeks to commence a claim in the Court of Claims. Such an incarcerated person
						must comply with the provisions of section
						206.5 -b of these
						rules.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 141 - Integrated Domestic Violence Parts And Domestic Violence Parts And Domestic Violence Parts › Section 141.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 IDV part shall refer to an integrated domestic violence part established by the
					 Chief Administrator of the Courts pursuant to section
					 141.2 of this Part.
(b) For purposes of this rule
					 and its application to an IDV part established in a county, an IDV-eligible
					 case shall refer to both of the following when they are simultaneously pending
					 in the county: a domestic violence case commenced in a criminal court and a
					 case commenced in Supreme or Family Court that involves a party or witness in
					 the domestic violence case. If so provided by the administrative order
					 promulgated pursuant to section
					 141.2 of this Part for such
					 county, an IDV-eligible case also shall refer to each of the following:
(1) any case in criminal
					 court, Family Court or Supreme Court where there is simultaneously pending in
					 the county another case in any other of these courts having a common party or
					 in which a disposition may affect the interests of a party to the first case;
					 and
(2) where cases
					 are IDV-eligible and are disposed of in an IDV part, subsequent cases that
					 would have been IDV-eligible were they to have been pending simultaneously with
					 the cases already disposed of shall be IDV-eligible; and
(3) any domestic violence case
					 pending in a criminal court in the county if necessary to best utilize
					 available court and community resources for domestic violence cases where no
					 domestic violence part has been established in the county pursuant to section
					 141.2 of this Part.