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 122 - Judicial Hearing Officers › Section 122.2 - Initial designation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator of the
					 Courts, in his or her discretion, may designate as a judicial hearing officer
					 an eligible person who files an application pursuant to section
					 122.1 of this Part upon
					 determination that the applicant has the physical and mental capacity,
					 competence, work ethic, experience and judicial temperament necessary to
					 perform the duties of a judicial hearing officer, and is well qualified to
					 serve on the panels in the courts to which he or she will be
					 designated.
(b) The
					 applicant shall undergo a comprehensive physical examination by a physician
					 designated by the Chief Administrator, who shall issue a report to the Chief
					 Administrator that the applicant has or has not the physical and mental
					 capacity to perform competently the duties of a judicial hearing
					 officer.
(c) In
					 determining whether to designate an applicant as a judicial hearing officer,
					 the Chief Administrator shall consult with (1) the Presiding Justice of the
					 appropriate Appellate Division, (2) the appropriate Deputy Chief Administrator
					 for the Courts, within or outside the City of New York, (3) the appropriate
					 administrative judge who shall submit a written evaluation of the applicant,
					 and (4) the appropriate judicial hearing officer selection advisory committee
					 established pursuant to subdivision (e) of this section.
(d) The Chief Administrator
					 also may consult with other appropriate persons and bar associations and
					 conduct whatever investigation the Chief Administrator deems necessary to
					 determine the qualifications of an applicant, including requiring additional
					 medical examinations.
(e)
(1) The Chief Administrator, after
					 consultation with the Presiding Justice of the appropriate Appellate Division,
					 shall establish judicial hearing officer selection advisory committees for the
					 First Judicial Department, the Second Judicial Department within the City of
					 New York, the Ninth Judicial District of the Second Judicial Department, the
					 Tenth Judicial District of the Second Judicial Department, the Third Judicial
					 Department and the Fourth Judicial Department, and shall appoint the members
					 thereto. Each committee shall consist of seven members, four nonjudicial
					 members who are practicing attorneys and three members who are either current
					 or former judges or justices of the Unified Court System. The Chief
					 Administrator shall designate one member of each committee to serve as
					 committee chair. Each member shall serve for a term of two years which, shall
					 be renewable.
(2)
					 Every applicant for designation to the office of judicial hearing officer shall
					 be evaluated prior to designation by the committee established for the
					 principal jurisdiction in which the applicant applies to serve, which shall
					 interview the applicant and may require the applicant to submit any appropriate
					 materials. In the event no principal jurisdiction is apparent, the Chief
					 Administrator shall select the committee that shall evaluate the applicant.
					 Where the bulk of the applicant's judicial service was in a jurisdiction other
					 than the principal one in which the applicant is seeking to serve, the
					 committee may consult with the appropriate committee in that other jurisdiction
					 and may refer the applicant to that committee for evaluation. The committee
					 shall set forth whether each applicant is qualified to serve as a judicial
					 hearing officer based upon competence, work ethic, experience and judicial
					 temperament necessary to perform duties of a judicial hearing officer. The
					 Committee also shall specifically advise whether the applicant is qualified to
					 serve as a judicial hearing officer with respect to (a) criminal actions, (b)
					 civil actions other than matrimonial actions, and (c) matrimonial
					 actions.