reglab/statecodes huggingface dataset:
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 50 - Rules Governing Conduct Of Nonjudicial Court Employees › Section 50.6 - Practice of law

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) A
					 lawyer who is employed full-time in any court or agency of the Unified Court
					 System shall not maintain an office for the private practice of law alone or
					 with others, hold himself or herself out to be in the private practice of law,
					 or engage in the private practice of law except as provided in this
					 section.
(b) Subject
					 to prior written application and approval as to each professional engagement, a
					 person referred to in subdivision (a) of this section may engage in the private
					 practice of law as to matters not pending before a court or a governmental
					 agency, in uncontested matters in the Surrogate's Court, uncontested
					 accountings in the Supreme Court and other ex parte applications not
					 preliminary or incidental to litigated or contested matters. Such approval
					 shall continue only to the completion of the particular engagement for which
					 permission was obtained, except that prior approval for the provision of pro
					 bono services, authorized under subdivision (c) of this section, may be granted
					 on an annual basis with respect to an organization or project that provides
					 such services to persons unable to afford counsel. Prior approval must be
					 obtained from:
(1) the Chief
					 Judge of the Court of Appeals for lawyers employed in that court;
(2) the Presiding Justice of
					 the appropriate Appellate Division for lawyers employed by an Appellate
					 Division; and
(3) the
					 Chief Administrator of the Courts for lawyers employed in every other court or
					 court-related agency in the Unified Court System.
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 51 - Permanent Commissions of the Chief Judge › Section 51.1 - The Permanent Commission on Access to Justice

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) There is established the Permanent
					 Commission Access to Justice ("Commission.").
(b) It shall be the purpose of the
					 Commission to assess the nature, extent and consequences of unmet civil legal
					 needs, statewide, involving essential human needs, and to report on those
					 findings and make recommendations to the Chief Judge with the goal of helping
					 secure equal access to justice in civil legal matters by increasing
					 availability of civil legal services throughout New York State, as well as
					 encouraging increased pro bono service by the legal community and helping to
					 improve the efficiency and effectiveness of the delivery of civil legal
					 services.
(c) The
					 Chief Judge shall appoint the Chair of the Commission and such other members,
					 of which there shall be no less than 30, to serve at the pleasure of the Chief
					 Judge. The Commission shall meet, as needed, and work in subcommittees, as
					 necessary, to carry out its mandate.
(d) The Commission shall assist in the
					 conducting of hearings related to the Commission's mandate, collect statistics
					 and analyze data, and conduct such additional and further research as necessary
					 to identify the extent of unmet civil legal needs, the types of civil legal
					 matters in which legal services are most lacking, and propose standards for
					 eligibility for such services; and to make recommendations for addressing unmet
					 civil legal needs, including the provision of adequate funding for civil legal
					 service providers. It also shall work with civil legal service providers and
					 related stakeholders to foster efficiencies and best practices, and with the
					 courts in support of Court Access to Justice initiatives.
(e) The Commission shall issue
					 annual reports to the Chief Judge containing its findings and recommendations.
					 The Commission may also issue additional reports, hold conferences, and perform
					 such further and additional functions as may be deemed appropriate and
					 necessary to fulfill its mandate to help assure adequate legal assistance in
					 civil legal proceedings.
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 52 - EX PARTE REQUESTS FOR JUDICIAL ACCOMMODATIONS › Section 52 - Ex Parte Requests For Judicial Accommodations

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) With respect to an accommodation that can
					 be granted only by a judge or judicial officer, a person with a disability, as
					 defined by the Americans with Disabilities Act (42 USC, ch 126, § 12101 et
					 seq.), may apply for one on an ex parte basis. An ex parte application for a
					 reasonable accommodation shall:
(1) be in
					 writing;
(2) state the disability
					 and explain how it limits the person's ability to meaningfully participate in
					 the proceeding;
(3) state the
					 accommodation sought and explain why the accommodation is needed;
(4) in no manner refer to the subject matter
					 or merits of the proceeding that is before the court in which the accommodation
					 is sought;
(5) contain an
					 acknowledgement that the requestor is aware that if upon reviewing the ex parte
					 application the court finds that subsection (d)(1) of this Part applies to the
					 request, some disability-related information will need to and shall be
					 disclosed to other parties as a result of making the application, even if the
					 application is withdrawn prior to being decided by the court; and
(6) as provided for by CPLR 2217(b), be
					 accompanied by an affidavit stating the result of any prior application for
					 similar relief and specifying the new facts, if any, that were not previously
					 shown.
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 60 - Alternative Dispute Resolution In The Trial Courts › Section 60.1 - Preamble

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Experience has demonstrated that civil disputes are often
						resolved more effectively and more efficiently through mediation or other forms
						of alternative dispute resolution (ADR) than through traditional adversarial
						proceedings in court. Accordingly, this Part is established to authorize and
						encourage referral of disputes to ADR to the greatest extent practicable in the
						trial courts of the unified court system.
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 60 - Alternative Dispute Resolution In The Trial Courts › Section 60.2 - Rules for the referral of civil disputes

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The Chief Administrator of the Courts, with the advice
						and consent of the Administrative Board of the Courts, shall adopt rules for
						the referral of civil disputes in the trial courts of the unified court system
						to ADR. Such rules shall regulate the manner in which referrals shall be made
						and prescribe circumstances in which disputes shall not be referred; regulate
						the qualifications and manner of engagement of mediators or other neutral third
						parties as required by the ADR processes to which such referrals are made; and
						provide for the confidentiality of those processes.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter B - Administrative Delegations Of The Chief Judge › Part 80 - Administrative Delegation Number 1 › Section 80.0 - Preamble

Current through Register Vol. 46, No. 28, July 10,
					 2024
Pursuant to article VI, section
						28(b) of the
						State Constitution, the Chief Administrator of the Courts is delegated the
						following powers and duties.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter B - Administrative Delegations Of The Chief Judge › Part 80 - Administrative Delegation Number 1 › Section 80.2 - Deputy chief administrators and administrative judges

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) The Chief Administrator of
					 the Courts, in consultation with the Presiding Justices of the appropriate
					 Appellate Divisions on behalf of their respective courts, and with the approval
					 of the Chief Judge, shall designate the following deputy chief administrators
					 and administrative judges, who shall serve at his pleasure for a period not
					 exceeding one year:
(1) in the
					 City of New York: a deputy chief administrator, who may be a judge, for all the
					 trial courts; one administrative judge each for the Family Court, the Civil
					 Court and the Criminal Court; and one administrative judge each for the Supreme
					 Court in Bronx, New York and Queens Counties and the Second Judicial
					 District;
(2) outside
					 the City of New York: a deputy chief administrator, who may be a judge, for all
					 the trial courts; and an administrative judge in each judicial district, except
					 that separate administrative judges may be designated for Nassau and Suffolk
					 Counties. The Chief Administrator may designate an Administrative Judge or
					 Administrative Judges for the Family Court outside the City of New York;
					 and
(3) Such other
					 deputy chief administrators, administrative judges and supervising judges as
					 may be required.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter B - Administrative Delegations Of The Chief Judge › Part 80 - Administrative Delegation Number 1 › Section 80.3 - Administration of appellate divisions and appellate terms

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) The Presiding Justices and
					 the associate justices of the appellate divisions shall administer their
					 respective courts and the appellate terms of the Supreme Court in their
					 respective departments, in accordance with the standards and administrative
					 policies established, approved, and promulgated pursuant to article VI, section
					 28(c), of the Constitution, and in their respective courts and for their
					 respective appellate terms shall:
(1) establish the hours and terms of
					 court, and assign justices to them;
(2) appoint and remove all nonjudicial
					 officers and employees, except personal assistants who serve as law clerks (law
					 secretaries) and secretaries to justices of those courts;
(3) delegate to the Presiding
					 Justice or to any associate justice or the clerk any administrative power or
					 function enumerated in this section;
(4) enforce and supervise the execution
					 of the standards and administrative policies established, approved, and
					 promulgated pursuant to article VI, section 28(c); and
(5) adopt administrative rules
					 for the efficient and orderly transaction of business.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter B - Administrative Delegations Of The Chief Judge › Part 80 - Administrative Delegation Number 1 › Section 80.4 - Court of Appeals

Current through Register Vol. 46, No. 28, July
					 10, 2024
The Chief Administrator of the Courts shall
						adopt classifications and allocations of positions for all nonjudicial officers
						and employees of the Court of Appeals and revise them when necessary and
						appropriate, and shall have no other and additional powers and duties with
						respect to the administration of the Court of Appeals except as directed by the
						Court of Appeals.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter B - Administrative Delegations Of The Chief Judge › Part 81 - Administrative Delegation Number 2 › Section 81.1 - Chief Judge's Administrative Delegation Number 2

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to article VI,
					 section 28(b), of the
					 State Constitution, and further to the delegation of authority to the Chief
					 Administrator of the Courts effective April 1, 1978, the Chief Administrator of
					 the Courts may designate deputy chief administrators for the courts within and
					 outside the City of New York and a deputy chief administrator for management
					 support. Said deputy chief administrators shall serve at the pleasure of the
					 Chief Judge and the Chief Administrator and shall exercise and perform the
					 following powers and duties, in accordance with and subject to the standards
					 and administrative policies promulgated by the Chief Judge and the policies,
					 rules, orders and directives of the Chief Judge and the Chief
					 Administrator.
(b)
					 The deputy chief administrators for the courts within and outside the City of
					 New York shall:
(1) assist the
					 Chief Judge and the Chief Administrator of the Courts in the supervision of the
					 administration and operation of the unified court system;
(2) enforce and supervise the
					 execution of standards and administrative policies promulgated pursuant to
					 section 28(c) of article VI of the Constitution;
(3) implement within their
					 jurisdictions rules, directives and orders of the Chief Judge and the Chief
					 Administrator of the Courts;
(4) except as provided in paragraphs
					 (c)(4) and (5) of this section, supervise the day-to-day operations of the
					 courts, county clerks' offices and commissioners of jurors, if any, within
					 their jurisdictions and oversee the administrative actions of the
					 Administrative Judges of the courts within their jurisdictions;
(5) temporarily assign judges
					 and justices within and between judicial districts, except certificated judges
					 and justices;
(6)
					 issue directives and orders necessary to implement these powers and
					 duties;
(7) exercise
					 such additional powers and duties as may be expressly delegated by the Chief
					 Administrator of the Courts; and
(8) do all other things appropriate to
					 exercise their aforesaid functions, powers and duties.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter B - Administrative Delegations Of The Chief Judge › Part 82 - Administrative Delegation Number 3 › Section 82.1 - Chief Judge's Administrative Delegation Number 3

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to article VI,
					 section 28(b), of the
					 State Constitution, and further to the delegation of authority to the Chief
					 Administrator of the Courts in Administrative Delegations Numbers 1 and 2
					 (Parts 80 and 81 of this Title), the Chief Administrator of the Courts, in
					 consultation with the Presiding Justices of the Appellate Divisions, and with
					 the approval of the Chief Judge, may designate a first deputy chief
					 administrator for the courts.
(b) The first deputy chief administrator
					 shall serve at the pleasure of the Chief Judge and Chief Administrator and, at
					 the direction of the Chief Administrator, shall supervise the administration
					 and operation of the trial-level courts and management support functions of the
					 Unified Court System in accordance with and subject to the standards and
					 administrative policies promulgated by the Chief Judge and the policies, rules,
					 orders and directives of the Chief Judge and Chief Administrator.
(c) In exercising this
					 authority, the first deputy chief administrator may exercise and perform any of
					 the powers and duties of the Chief Administrator.
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 100 - Judicial Conduct › Section 100.1 - A judge shall uphold the integrity and independence of the judiciary

Current through Register Vol. 46, No. 28, July 10,
					 2024
An independent and honorable judiciary is
						indispensable to justice in our society. A judge should participate in
						establishing, maintaining and enforcing high standards of conduct, and shall
						personally observe those standards so that the integrity and independence of
						the judiciary will be preserved. The provisions of this Part are to be
						construed and applied to further that objective.
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 100 - Judicial Conduct › Section 100.2 - A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(A) A judge shall respect and comply
					 with the law and shall act at all times in a manner that promotes public
					 confidence in the integrity and impartiality of the judiciary.
(B) A judge shall not allow
					 family, social, political or other relationships to influence the judge's
					 judicial conduct or judgment.
(C) A judge shall not lend the prestige
					 of judicial office to advance the private interests of the judge or others; nor
					 shall a judge convey or permit others to convey the impression that they are in
					 a special position to influence the judge. A judge shall not testify
					 voluntarily as a character witness.
(D) A judge shall not hold membership
					 in any organization that practices invidious discrimination on the basis of
					 age, race, creed, color, sex, sexual orientation, gender identity, gender
					 expression, religion, national origin, disability or marital status. This
					 provision does not prohibit a judge from holding membership in an organization
					 that is dedicated to the preservation of religious, ethnic, cultural or other
					 values of legitimate common interest to its members.
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 100 - Judicial Conduct › Section 100.4 - A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(A) Extra-judicial activities
					 in general. A judge shall conduct all of the judge's extra- judicial activities
					 so that they do not:
(1) cast
					 reasonable doubt on the judge's capacity to act impartially as a
					 judge;
(2) detract
					 from the dignity of judicial office; or
(3) interfere with the proper
					 performance of judicial duties and are not incompatible with judicial
					 office.
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 100 - Judicial Conduct › Section 100.5 - A judge or candidate for elective judicial office shall refrain from inappropriate political activity

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(A) Incumbent Judges and Others Running
					 for Public Election to Judicial Office.
(1) Neither a sitting judge nor a
					 candidate for public election to judicial office shall directly or indirectly
					 engage in any political activity except (i) as otherwise authorized by this
					 section or by law, (ii) to vote and to identify himself or herself as a member
					 of a political party, and (iii) on behalf of measures to improve the law, the
					 legal system or the administration of justice. Prohibited political activity
					 shall include:
(a) acting as a
					 leader or holding an office in a political organization;
(b) except as provided in
					 paragraph (3) of this subdivision, being a member of a political organization
					 other than enrollment and membership in a political party;
(c) engaging in any partisan
					 political activity, provided that nothing in this section shall prohibit a
					 judge or candidate from participating in his or her own campaign for elective
					 judicial office or shall restrict a non-judge holder of public office in the
					 exercise of the functions of that office;
(d) participating in any political
					 campaign for any office or permitting his or her name to be used in connection
					 with any activity of a political organization;
(e) publicly endorsing or
					 publicly opposing (other than by running against) another candidate for public
					 office;
(f) making
					 speeches on behalf of a political organization or another candidate;
(g) attending political
					 gatherings;
(h)
					 soliciting funds for, paying an assessment to, or making a contribution to a
					 political organization or candidate; or
(i) purchasing tickets for politically
					 sponsored dinners or other functions, including any such function for a
					 non-political purpose.
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 100 - Judicial Conduct › Section 100.6 - Application of the rules of judicial conduct

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(A) General application. All judges in
					 the unified court system and all other persons to whom by their terms these
					 rules apply, e.g., candidates for elective judicial office, shall comply with
					 these rules of judicial conduct, except as provided below. All other persons,
					 including judicial hearing officers, who perform judicial functions within the
					 judicial system shall comply with such rules in the performance of their
					 judicial functions and otherwise shall so far as practical and appropriate use
					 such rules as guides to their conduct.
(B) Part-time judge. A part-time judge:
(1) is not required to comply
					 with section
					 100.4(C)(1),
					 100.4(C)(2)(a),
					 100.4(C)(3)(a)(ii),
					 100.4(E)(1),
					 100.4(F),
					 100.4(G), and
					 100.4(H) of this
					 Part;
(2) shall not
					 practice law in the court on which the judge serves, or in any other court in
					 the county in which his or her court is located, before a judge who is
					 permitted to practice law, and shall not act as a lawyer in a proceeding in
					 which the judge has served as a judge or in any other proceeding related
					 thereto;
(3) shall
					 not permit his or her partners or associates to practice law in the court in
					 which he or she is a judge, and shall not permit the practice of law in his or
					 her court by the law partners or associates of another judge of the same court
					 who is permitted to practice law, but may permit the practice of law in his or
					 her court by the partners or associates of a judge of a court in another town,
					 village or city who is permitted to practice law;
(4) may accept private
					 employment or public employment in a Federal, State or municipal department or
					 agency, provided that such employment is not incompatible with judicial office
					 and does not conflict or interfere with the proper performance of the judge's
					 duties;
(5) nothing
					 in this rule shall further limit the practice of law by the partners or
					 associates of a part-time judge in any court to which such part-time judge is
					 temporarily assigned to serve pursuant to section
					 106
					 (2) of the Uniform Justice Court Act or
					 section
					 107 of
					 the Uniform City Court Act in front of another judge serving in that court
					 before whom the partners or associates are permitted to appear absent such
					 temporary 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 101 - Advisory Committee On Judicial Ethics › Section 101.1 - Establishment

Current through Register Vol. 46, No. 28, July 10,
					 2024
There shall be an Advisory Committee on
						Judicial Ethics to issue advisory opinions to judges and justices of the
						Unified Court System concerning issues related to ethical conduct, proper
						execution of judicial duties, and possible conflicts between private interests
						and official duties.
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 101 - Advisory Committee On Judicial Ethics › Section 101.2 - Membership

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator of the
					 Courts, in consultation with the Administrative Board of the Courts and with
					 the approval of the Chief Judge of the State of New York, shall appoint members
					 to the committee in such numbers as deemed necessary to effectively carry out
					 its duties and shall designate two co-chairs.
(b) Each member shall be an active or
					 former judge or justice of the Unified Court System.
(c) The members and the
					 co-chairs shall serve at the pleasure of the Chief Administrator. Co-chairs may
					 serve renewable five-year terms without limitation; other members may serve two
					 terms of five years each.
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 101 - Advisory Committee On Judicial Ethics › Section 101.3 - Duties

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The committee shall issue advisory opinions, in writing, to the judge or
					 justice making the request. The committee may decline to respond to any
					 question it deems inappropriate for the exercise of its jurisdiction.
(b) The committee may respond
					 to questions concerning judicial ethics posed by persons who exercise
					 quasi-judicial duties in the Unified Court System but who are not judges or
					 justices of the Unified Court System.
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 101 - Advisory Committee On Judicial Ethics › Section 101.4 - Procedure

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Unless the chair provides otherwise, all requests for advisory opinions shall
					 be submitted in writing. Requests shall detail the particular facts and
					 circumstances of the case. The committee may request such supplemental material
					 as it deems necessary.
(b) The committee shall adopt
					 procedures for the formulation and transmission of its advisory
					 opinions.
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 101 - Advisory Committee On Judicial Ethics › Section 101.5 - Compensation

Current through Register Vol. 46, No. 28, July 10,
					 2024
Members of the committee shall serve
						without compensation but shall be reimbursed for expenses actually and
						necessarily incurred in the performance of their official duties for the
						committee.
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 101 - Advisory Committee On Judicial Ethics › Section 101.6 - Confidentiality

Current through Register Vol. 46, No. 28, July 10,
					 2024
Except as set forth in section
						101.7 of this Part, requests for
						advisory opinions, advisory opinions issued by the committee, and the facts and
						circumstances on which they are based shall be confidential and shall not be
						disclosed by the committee to any person other than the individual making the
						request. Deliberations by the committee shall be
						confidential.
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 101 - Advisory Committee On Judicial Ethics › Section 101.7 - Publication

Current through Register Vol. 46, No. 28, July 10,
					 2024
The committee shall publish its formal
						advisory opinions, at such times and in such manner as approved by the Chief
						Administrator, with appropriate deletions of names of persons, places, or
						things that might tend to identify the judge or justice making the request or
						any other judge or justice of the Unified Court System.
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 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties › Section 102.0 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 This Part shall apply to the reimbursement of expenses designated herein
					 incurred by a judge of the Court of Appeals, a justice of the Supreme Court,
					 including a justice of the Appellate Division or Appellate Term, and a judge of
					 the Court of Claims, County Court, Surrogate's Court, Family Court, District
					 Court, and Civil and Criminal Court of the City of New York, and a full-tine
					 judge of a city court outside the City of New York, who is assigned to perform
					 judicial duties outside the county wherein such judge is provided
					 chambers.
(b)
					 Subject to the provisions of this Part, each judge or justice to whom
					 subdivision (a) of this section applies shall receive actual and necessary
					 transportation expenses, and shall also receive such other necessary expenses,
					 including meals, lodging and incidentals, not to exceed the rate determined by
					 the Chief Administrator of the Courts, as such judge or justice shall actually
					 and necessarily incur.
(c) For the purposes of reimbursement
					 of expenses under this Part, the City of New York shall be deemed to be one
					 county. No judge of any court in New York City who is assigned to perform
					 judicial duties in another county in New York City shall be entitled to
					 reimbursement of expenses under this Part.
(d) The reimbursement of expenses
					 provided for in this Part shall be the exclusive method of reimbursing each
					 judge or justice for such expenses.
(e) Each judge or justice shall provide
					 sufficient personal funds to cover all expenses in the first
					 instance.
(f) The
					 Chief Administrator, in consultation with the presiding judge of the Court of
					 Claims, shall designate for Court of Claims judges the county in which chambers
					 are provided or deemed to be provided for the purposes of this Part.
(g) Reimbursement of expenses
					 in connection with the performance of judicial duties outside of New York State
					 shall require the prior approval of the Chief Administrator and shall be
					 allowed only at a daily rate to be fixed by the Chief Administrator.
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 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties › Section 102.1 - Transportation expenses

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Reimbursement for transportation expenses
						incurred pursuant to this Part shall be allowed in accordance with the
						following regulations:
(a) Personally owned automobile. When
					 transportation is provided by personally owned automobile, a judge or justice
					 shall be reimbursed at a rate determined by the Chief Administrator. In
					 addition, parking charges and bridge and highway tolls shall be reimbursed.
					 Reimbursement for gasoline, insurance, repairs, depreciation, towage and all
					 other operating costs is included in the mileage rate.
(b) Car rental. Reimbursement
					 of expenses for use of a rental car shall be allowed in exceptional cases,
					 provided that adequate proof of need and of the expenses incurred is provided,
					 and prior approval is obtained from the Chief Administrator. Parking charges
					 and bridge and highway tolls shall be reimbursed.
(c) Publicly owned cars.
					 Judges or justices traveling by cars owned by the State or a political
					 subdivision of the State shall so indicate on the expense voucher, giving the
					 license number of the vehicle. Parking charges and bridge and highway tolls
					 shall be reimbursed. Claims for expenses for emergency items and repairs made
					 for cars owned by the State or a political subdivision shall be supported by
					 appropriate receipts. All State vehicles operating in or near Albany shall,
					 when possible, be serviced in the State garage rather than at service
					 stations.
(d) Common
					 carrier. When transportation is by common carrier, reimbursement of fare shall
					 be allowed. When transportation is by air, or by first class, Pullman or
					 similar rail accommodation, copies of tickets or similar documentation shall be
					 attached to the expense voucher. When air travel is used, less than first class
					 accommodations should be utilized whenever possible. Payments for taxicab,
					 airport limousine, tips or other expenses necessarily incurred in connection
					 with the use of common carrier shall be allowed.
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 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties › Section 102.2 - Meals, lodging and incidental expenses

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Total allowances for meals, lodging
					 and incidental expenses incurred pursuant to this Part shall not exceed the
					 rate determined by the Chief Administrator. Specific expenses for all or part
					 of a day in travel status shall be reimbursed in accordance with maximum rates
					 established by the Chief Administrator. Miscellaneous expenses for items such
					 as baggage transfer and tips to porters are included under the allowance for
					 lodging and incidentals.
(b) Reimbursement of miscellaneous
					 expenses in connection with travel (such as telephone calls or telegrams) shall
					 be allowed, whether or not an expense for lodging was incurred.
(c) Receipts or other proof of
					 expenses for overnight lodging shall be supplied with the expense voucher.
					 Receipts for meals and incidentals need not be supplied with the expense
					 voucher, but claims for meals and incidental or miscellaneous expenses shall be
					 itemized on the voucher.
(d) A judge or justice traveling to or
					 from the county wherein he or she is provided chambers, in the performance of
					 his or her judicial duties, shall be reimbursed for a meal or meals taken in
					 any place if necessarily purchased in connection with such travel.
(e) A judge or justice
					 traveling on judicial business is exempted from State and local taxes for
					 lodgings. Exemption certificate (form AC 946) shall be used at the hotel or
					 motel to avoid payment of such taxes.
(f) A judge or justice who is
					 continuously assigned to official duties outside the county in which he or she
					 is provided chambers may remain in the county of assignment over weekends and
					 on holidays, or may return home. If he or she elects to remain in the county of
					 assignment, he or she shall be reimbursed pursuant to the rates referred to in
					 subdivision (a) of this section for expenses incurred on Saturdays, Sundays and
					 holidays for meals, lodgings and incidentals. If he or she returns home, he or
					 she shall be reimbursed only for transportation expenses, and for a meal or
					 meals in accordance with subdivision (d) of this section.
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 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties › Section 102.3 - Reserved

Current through Register Vol. 46, No. 28, July 10, 2024
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 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties › Section 102.4 - Preparation and submission of expense vouchers

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Expense vouchers for reimbursement
						pursuant to this Part shall be submitted in accordance with the following
						requirements:
(a)
					 Original copies of evidence of overnight stay, travel by air or by first class,
					 Pullman or similar rail accommodation, car rental, apartment rental and
					 long-term lodging arrangements, if any, shall be attached to the expense
					 voucher (JC 2007).
(b) In cases where extended assignment
					 is authorized, the expense voucher shall be submitted semimonthly, the first
					 voucher covering the 1st to the 15th of each month, inclusive, and the second
					 voucher covering the 16th to the last day of the month. All vouchers shall be
					 submitted for processing no later than 45 days after the trip or completion of
					 the assignment.
(c)
					 Judges of the Court of Appeals and justices of the Appellate Divisions shall
					 submit their expense vouchers to the clerk of their respective court, who shall
					 submit such vouchers to the State Department of Audit and Control for
					 processing. Justices temporarily assigned to a particular Appellate Division
					 shall submit their expense vouchers to the clerk of that Appellate
					 Division.
(d) A
					 judge or justice who is assigned to a court that is under the jurisdiction of
					 the deputy Chief Administrator of the Courts within the City of New York shall
					 submit his or her expense voucher to the office of the Deputy Chief
					 Administrator of the Courts within the City of New York for
					 processing.
(e) A
					 judge of the Court of Claims who is assigned to the Court of Claims shall
					 submit his expense voucher to the clerk of the Court of Claims, who shall
					 submit such voucher to the State Department of Audit and Control for
					 processing.
(f) All
					 other judges and justices shall submit their expense vouchers to the
					 administrative judge of the judicial district to which the judge or justice is
					 assigned, who shall submit them to the State Department of Audit and Control
					 for processing.
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 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties › Section 102.5 - Change of residence or chambers

Current through Register Vol.
					 46, No. 28, July 10, 2024
If a judge or justice of any court
						designated under this Part moves his or her place of residence or chambers
						outside the county in which he or she resided at the time of election or
						appointment, such judge or justice is not entitled to receive greater
						reimbursement for travel than he or she would have received had he or she not
						moved, unless the Chief Administrator of the Courts specifically
						approves.
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 102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties › Section 102.6 - Reimbursement for intracounty travel

Current through Register Vol.
					 46, No. 28, July 10, 2024
Traveling expenses incurred by a judge or
						justice to whom subdivision (a) of section
						102.0 of this Part applies, during
						the performance of judicial duties within the county in which he or she is
						provided chambers, will be reimbursed if such travel occurred in accordance
						with a plan submitted, by an administrative judge on behalf of one or more
						judges or justices, to the Chief Administrator of the Courts, and approved by
						the Chief Administrator.
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 103 - Administrative Rules And Orders Effective April 1, 1978 › Section 103.1 - Administrative rules and orders

Current through Register Vol. 46, No.
					 28, July 10, 2024
All administrative regulations, rules,
						orders and directives for the efficient and orderly transaction of business in
						the trial courts or the administrative office for the courts in effect on March
						31, 1978, adopted pursuant to authority subsequently transferred to the Chief
						Administrator of the Courts in accordance with article VI, section 28(b) of the
						Constitution, including but not limited to calendar practice, establishment of
						hours, terms and parts of court, assignments of judges and justices to them,
						and designations of administrative judges, are continued in effect until
						superseded, repealed or modified. Unless a contrary construction is required,
						references to the Administrative Board of the Judicial Conference shall be
						deemed references to the Chief Judge of the Court of Appeals; references to the
						State Administrator and State Administrative Judge shall be deemed references
						to the Chief Administrator of the Courts; and references to the Appellate
						Division or Presiding Justice shall be deemed references to the Chief
						Administrator of the 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 103 - Administrative Rules And Orders Effective April 1, 1978 › Section 103.2 to 103.7 - Repealed

Current through Register Vol. 46, No. 28, July
					 10, 2024
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 104 - Retention And Disposition Of Court Records › Section 104.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 These rules shall apply to court records of all of the courts of the Unified
					 Court System, including records of commissioners of jurors. Any action taken
					 with respect to the records of the Court of Appeals and Appellate Divisions
					 shall be subject to the approval of the Chief Judge of the Court of Appeals and
					 the Presiding Justices of the Appellate Divisions for the records in their
					 respective courts.
(b) The term court records shall
					 include all documents and records that are part of the court file of each case
					 and all books, papers, calendars, statistical schedules and reports and other
					 records pertaining to the management of court cases.
(c) The term alternative
					 format shall mean a format for the reproduction and maintenance of records,
					 including microphotography and electronic formats, approved by the Deputy Chief
					 Administrator for Management Support.
(d) References to the Deputy Chief
					 Administrator for Management Support shall include a designee of the Deputy
					 Chief Administrator for Management Support.
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 104 - Retention And Disposition Of Court Records › Section 104.2 - Retention schedules

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator of the
					 Courts shall promulgate schedules for the retention and disposition of court
					 records. These schedules shall include a description of each record and the
					 time period required for its retention. The time periods shall take into
					 account the needs of both the court and the parties appearing before the court,
					 and the historical value of the records for research purposes.
(b) Unless a permanent record
					 in an alternative format first is made and permanently retained, judgment rolls
					 and other records, books and papers that affect the mental illness or the
					 sanity or competency of any person shall be retained for at least 50 years; and
					 that the judgment rolls and other records, books and papers that affect the
					 marital rights or status or the custody or lineage of any person and judgment
					 rolls regardless of their age that affect title to real property shall be
					 retained permanently.