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 122 - Judicial Hearing Officers › Section 122.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Any person who has served for at least one year as a judge or justice of a
					 court of the Unified Court System, other than a town or village court, and who
					 no longer is serving in such capacity, except a person who was removed from a
					 judicial position pursuant to section 22 of article VI of the Constitution, may
					 make application to the Chief Administrator of the Courts to be designated as a
					 judicial hearing officer pursuant to article 22 of the Judiciary Law. The Chief
					 Administrator, upon consultation with the Presiding Justice of the appropriate
					 Appellate Division, may waive the one-year service eligibility requirement
					 where the background of the judge, combined with the length and nature of his
					 or her judicial service, permit a finding that the judge meets the
					 qualifications set forth in section
					 122.2(a) of this
					 Part.The application shall be in such form as may be provided by the Chief
					 Administrator, which shall contain items requesting prior judicial experience,
					 the nature of judicial service sought, and whether any actions against the
					 judge have been taken by, or any claims are pending before, any professional
					 disciplinary body.
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 122.3 - Term

Current through Register Vol. 46, No. 28, July 10,
					 2024
A judicial hearing officer shall be
						designated for an initial term which shall expire on the last day of the full
						calendar year following the designation. An initial term, and any additional
						term allowed by designation of the Chief Administrator as set forth below, may
						be extended without further application for one additional calendar year
						pursuant to section
						122.3 -b of this Part. At the end
						of any initial or additional term (which shall include any one-year extension
						thereof), the judicial hearing officer may apply for designation for an
						additional one-year term, and may be so designated in accordance with the
						procedures of section
						122.3 -b. The Chief Administrator
						may extend the duration of a term for a period not to exceed six months where
						necessary to complete the examination and consultation requirements set forth
						in 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 122 - Judicial Hearing Officers › Section 122.3-a - Performance evaluation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Each administrative judge shall monitor
						the performance of every judicial hearing officer who serves in a court within
						the jurisdiction of the administrative judge, and shall report to the Chief
						Administrator of the Courts, at such times and in such manner as the Chief
						Administrator shall require, on the performance of the judicial hearing
						officer. In evaluating this performance, the administrative judge shall consult
						with such judges, bar associations, and individual members of the bar as may be
						appropriate.
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 122.3-b - Extension of term; designation for additional term

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) The Chief Administrator of
					 the Courts, in his or her discretion and in accordance with this section and
					 section 122.3 of this Part, may extend the
					 term of a person serving as a judicial hearing officer or designate a judicial
					 hearing officer to an additional term provided he or she has the physical and
					 mental capacity, and the competence, work ethic, and judicial temperament,
					 necessary to perform the duties of a judicial hearing officer. To be considered
					 for designation to an additional term hereunder, a judicial hearing officer
					 must apply therefor upon such form as may be provided by the Chief
					 Administrator and undergo a comprehensive physical examination as set forth in
					 section 122.2(b) of this
					 Part.
(b) In
					 determining whether to extend the term of a person serving as a judicial
					 hearing officer, or designate a judicial hearing officer to an additional term,
					 the Chief Administrator shall consider recommendations from an evaluatory body
					 consisting of the appropriate Deputy Chief Administrator for the courts within
					 or without the City of New York, the Deputy Chief Administrator for Management
					 Support, the Administrative Judge for Matrimonial Matters and the
					 administrative judge or judges of the court where the judicial hearing officer
					 has served. The Chief Administrator, after consultation with the Presiding
					 Justice of the appropriate Appellate Division, may alter the membership of the
					 evaluatory body where circumstances require. In making recommendations whether
					 the judicial hearing officer meets the criteria set forth in this Part, the
					 evaluating body shall examine the performance evaluations prepared pursuant to
					 section 122.3 -a of this Part, and any
					 required medical evaluations, and shall consult with administrative judges, bar
					 associations and other persons or groups as may be appropriate.
(c) The Chief Administrator
					 also shall consult with the Presiding Justice of the appropriate Appellate
					 Division and may consult with the appropriate judicial hearing officer
					 selection advisory committee and other persons and conduct whatever
					 investigation the Chief Administrator deems necessary to determine the
					 qualifications of an applicant, including requiring additional medical
					 examinations.
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 122.4 - Oath of office

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Before exercising the functions of
					 judicial hearing officer, a person so designated shall take and file with the
					 Chief Administrator of the Courts a sworn statement that such person will
					 faithfully and fairly do such acts and make such determinations and reports as
					 may be required by the designations as a judicial hearing officer. The
					 statement shall be in the form as set forth in subdivision (b) of this
					 section.
(b) Sworn
					 statement of hearing officer.
I, ________ (give full name), do solemnly
						swear (or affirm) that I will support the Constitution of the United States,
						and the Constitution of the State of New York, and that I will faithfully and
						fairly do such acts and make such determinations and reports as may be required
						by the designation as a judicial hearing officer, according to the best of my
						ability.
_____________
(Signature)
Sworn to before me this day of, 19.
_____________
Notary 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 122 - Judicial Hearing Officers › Section 122.5 - Panels

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The Chief Administrator of the Courts, in his or her discretion, shall
					 establish a panel of judicial hearing officers for particular courts in
					 individual counties, where appropriate, to accept assignments in such court in
					 such county, and shall designate judicial hearing officers to each such panel.
					 A judicial hearing officer may serve on more than one panel.
(b) The size and composition
					 of each panel shall be determined by the Chief Administrator, after
					 consultation with the appropriate administrative judge, in accordance with the
					 needs of the courts in each particular county. In determining the need for
					 judicial hearing officers in any court and county, the Chief Administrator
					 shall consider (1) the state of the general calendar in each court in which the
					 use of judicial hearing officers is being considered and (2) the number of
					 proceedings suitable for determination by judicial hearing officers in such
					 court or courts.
(c)
					 The Chief Administrator, in his or her discretion, after consultation with the
					 appropriate presiding justice, may establish a panel of judicial hearing
					 officers in and for an appellate division to perform the functions of the
					 preargument screening program for such appellate division.
(d) Unless the Chief
					 Administrator directs otherwise, a judicial hearing officer who requests that
					 his or her name be removed from any panel of judicial hearing officers during
					 the course of a term of office may not be redesignated to that panel for the
					 duration of that term.
(e) The Chief Administrator, in
					 consultation with the presiding justice of the appropriate appellate division,
					 may remove the name of any judicial hearing officer from any or all panels for
					 unsatisfactory performance or for any conduct incompatible with service as a
					 judicial hearing officer. A judicial hearing officer may not be so removed
					 unless he or she has been given a written statement of the reasons for the
					 removal and afforded an opportunity to make an explanation and to submit facts
					 in opposition to the removal.
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 122.6 - Assignments

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 A judge or justice of any court for which a panel of judicial hearing officers
					 has been established may recommend to the appropriate administrative judge,
					 designated by the Chief Administrator, particular proceedings for reference to
					 a judicial hearing officer. A judicial hearing officer shall be assigned to a
					 particular proceeding by the administrative judge, in his or her discretion,
					 upon consideration of all relevant factors, including the nature of the matter
					 to be referred, the experience and expertise of the judicial hearing officer
					 with respect to matters of that nature, the expected length and complexity of
					 the matter and the availability of appropriations to pay for the services of
					 the judicial hearing officer.
(b) The administrative judge may assign
					 a judicial hearing officer to preside over a part of court as permitted by law
					 for a specified period. The administrative judge, in making such an assignment,
					 shall take into account the responsibilities of the part and the previous
					 experience and expertise of the judicial hearing officer.
(c) The reference of a matter
					 to a judicial hearing officer and the assignment thereto of the judicial
					 hearing officer shall be in writing. The reference shall indicate the issues
					 referred to such judicial hearing officer and set forth whether the judicial
					 hearing officer is to hear and determine or hear and report or otherwise act in
					 respect to the matter.
(d) The presiding justice of an
					 appropriate appellate division may assign a judicial hearing officer on an
					 appellate division panel to perform the functions of the preargument screening
					 program of such appellate division, within the available appropriations as
					 determined 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 122 - Judicial Hearing Officers › Section 122.7 - No vesting of rights

Current through Register Vol. 46, No. 28, July
					 10, 2024
Nothing herein shall vest any person with
						any right to be designated as a judicial hearing officer, or to be designated
						to a panel, or to serve in any particular court or to be assigned to any
						particular proceeding or type of 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 122 - Judicial Hearing Officers › Section 122.8 - Compensation

Current through Register Vol. 46, No. 28, July 10,
					 2024
A judicial hearing officer shall receive $400 per day for
						each day or part thereof at which such judicial hearing officer actually
						performs assigned duties in a courtroom or other facility designated for court
						appearances. There shall be no compensation for out-of-court work performed by
						such hearing officer. Such hearing officer shall be reimbursed for
						out-of-pocket expenses reasonably and necessarily incurred in the performance
						of his or her duties in accordance with the provisions of Part 102 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 122 - Judicial Hearing Officers › Section 122.9 - Reports

Current through Register Vol. 46, No. 28, July 10,
					 2024
A determination required to be made by a
						judicial hearing officer in respect to any motion or proceeding at which such
						judicial hearing officer presides, or in respect to any report or decision
						required to be filed by such judicial hearing officer, shall be rendered and
						filed within 30 days. All reports and decisions shall be in writing and shall
						indicate the reasons upon which the decisions or findings and recommendations
						contained in the report are based.
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 122.10 - Conflicts

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) A judicial
					 hearing officer shall not preside over any matter in which he or she has
					 represented any party or any witness in connection with that matter, and he or
					 she shall not participate as an attorney in any matter in which he or she has
					 participated as a judge or judicial hearing officer.
(b) A judicial hearing officer shall not
					 preside over a matter in which any party or witness is presented by an attorney
					 who is a partner or associate in a law firm or of counsel to a law firm with
					 which the judicial hearing officer is affiliated in any respect.
(c) A judicial hearing officer shall not
					 participate as an attorney or, unless appointed by the court on terms including
					 receipt of compensation pursuant to section
					 122.8 of this Part, as a referee,
					 mediator, or arbitrator, or similar officer in any contested matter in a court
					 in a county where he or she serves on a judicial hearing officer panel for such
					 court.
(d) A judicial hearing
					 officer shall not appear as an attorney before any other judicial hearing
					 officer in any county in which he or she serves as a judicial hearing
					 officer.
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 122.11 - Disqualification

Current through Register Vol. 46, No. 28, July 10,
					 2024
A judicial hearing officer shall
						disqualify himself or herself in any proceeding under the same circumstances
						where a judge or other quasijudicial officer would be required to disqualify
						himself or herself under decisional law or pursuant to the provisions of any
						statute, the Code of Judicial Conduct or Part 100 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 122 - Judicial Hearing Officers › Section 122.12 - Continuing education

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The Chief Administrator may require
						judicial hearing officers to participate in educational courses, seminars and
						training sessions designed to ensure that they keep current with developments
						in the law.
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 123 - Requirements Relative To Material Submitted To Supreme Court Law Libraries › Section 123.1 - Designations

Current through Register Vol. 46, No. 28, July 10,
					 2024
The following Supreme Court Law Libraries are designated
						to serve as repositories of materials transmitted by State agencies pursuant to
						section
						102
						(4)(c) of the Executive Law:
(a) Supreme Court Law Library/Civil Branch
851 Grand Concourse
Bronx, NY 10451
(First Judicial Department);
(b) Supreme Court Law Library
360 Adams Street
Brooklyn, NY 11201
(Second Judicial Department);
(c) Supreme Court Law Library
48 Court Street
Canton, NY 13617
(Third Judicial Department); and
(d) Supreme Court Law Library
Steuben County Courthouse
Bath, NY 14810
(Fourth Judicial Department);
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 123 - Requirements Relative To Material Submitted To Supreme Court Law Libraries › Section 123.2 - General filing requirements

Current through Register Vol. 46, No. 28,
					 July 10, 2024
No material submitted to a Supreme Court
						Law Library pursuant to section
						102
						(4)(c) of the Executive Law will be accepted
						for filing therewith unless the following requirements are met:
(a) All material submitted
					 must be (i) in electronic form or (ii) in the form of microfiche or ultrafiche
					 cards, and must comply with the provisions of subdivisions (b1) and (b2) of
					 this section respectively, unless the submitting agency shall certify that such
					 material cannot be obtained commercially in either form, in which event the
					 material shall be in the form prescribed by subdivision (c) of this
					 section.
(b1) Form
					 for materials submitted in electronic form. Materials submitted in electronic
					 form shall be in such form as approved by the Chief Administrator of the
					 Courts, which may include electronic disks or transmissions between computers
					 or other machines. There also shall be included within each submission the
					 information set forth in subdivision (b2) of this section.
(b2) Form for material
					 submitted in microfiche or ultrafiche.
(1) Material submitted in the form of
					 microfiche or ultrafiche cards shall display the full text of the code, manual,
					 volume or publication of which it is a part.
(2) There shall be included with such
					 cards a separate written index of the material displayed thereon, including the
					 following information for each entry:
(i) the name of the publication,
					 including the volume number and volume title if applicable;
(ii) the name of the publisher
					 or the name of the organization responsible for writing the material, whichever
					 is more useful for identification purposes;
(iii) the date of
					 publication;
(iv)
					 the name of the State agency adopting the publication; and
(v) cross-references to the
					 NYCRR sections which reference the publication pursuant to section
					 102
					 (1)(c) of the Executive Law.
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 124 - Public Access To Records › Section 124.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July
					 10, 2024
This Part sets forth the procedures
						governing public access to the administrative records of the Office of Court
						Administration, pursuant to the Freedom of Information Law (Public Officers
						Law, article 6).
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 124 - Public Access To Records › Section 124.2 - Designation of records access officer

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) The Director of Public Affairs of
					 the Office of Court Administration shall be designated as the records access
					 officer of the Office of Court Administration.
(b) The records access officer
					 shall:
(1) maintain a current
					 list, by subject matter, of all administrative records in the possession of the
					 Office of Court Administration, whether or not available to the public under
					 the Freedom of Information Law;
(2) maintain a list setting forth the
					 name, public office address, title and salary of every officer or employee of
					 the Office of Court Administration; and
(3) respond on behalf of the Office of
					 Court Administration to public requests for access to its records.
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 124 - Public Access To Records › Section 124.3 - Subject matter list

Current through Register Vol. 46, No. 28, July
					 10, 2024
A reasonably detailed list, by subject
						matter, of all records in the possession of the Office of Court Administration,
						whether or not the records are subject to public inspection and copying
						pursuant to the Freedom of Information Law, shall be available for public
						inspection and copying at the business office of the records access officer.
						The subject matter list shall be updated annually, and the date of the most
						recent revision shall be indicated on the first page of the
						list.
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 124 - Public Access To Records › Section 124.4 - List of officers and employees

Current through Register Vol. 46, No.
					 28, July 10, 2024
A list setting forth the name, public
						office address, title and salary of every officer or employee of the Office of
						Court Administration shall be available for public inspection and copying at
						the business office of the records access officer.
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 124 - Public Access To Records › Section 124.5 - Requests for public access to records

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) A person wishing to inspect or copy
					 a record contained within the subject matter list shall file a written
					 application with the records access officer, which shall reasonably describe
					 the record sought. The application shall contain all available data concerning
					 date, title, file designation, department or unit within the Office of Court
					 Administration, and any other information that may help identify the record. If
					 the information supplied by the applicant is not sufficiently detailed to
					 enable the records access officer to determine whether or not the Office of
					 Court Administration maintains the record, the records access officer shall so
					 notify the applicant and may request further identifying information.
(b) A written request shall
					 not be required for materials, such as civil service examination announcements
					 and informational brochures, which customarily have been made available by the
					 Office of Court Administration to the public in the regular course of business,
					 and for any other material which the records access officer deems to be proper
					 to release without a written request.
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 124 - Public Access To Records › Section 124.6 - Response to requests

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The records access officer shall,
					 within five business days of the receipt of a request for access to a record,
					 provide written notification to the applicant:
(1) approving the request and
					 authorizing inspection and copying of the record;
(2) denying the request in
					 whole or in part, indicating the reason for the denial and advising the
					 applicant of his right to appeal such denial; or
(3) acknowledging receipt of
					 the request and providing the applicant with a statement of the approximate
					 date on which the request will be approved or denied.
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 124 - Public Access To Records › Section 124.7 - Inspection and copying of records

Current through Register Vol. 46,
					 No. 28, July 10, 2024
Where a request for inspection or copying
						of a record is approved, the following provisions shall apply:
(a) Location. The record shall
					 be made available for inspection and copying at a location specified by the
					 records access officer, which may include the business office of the records
					 access officer or the office where the record is normally maintained. No record
					 shall be removed, by any person granted access to it, from any office of the
					 Office of Court Administration without the express written consent of the
					 records access officer.
(b) Hours for inspection and copying.
					 The record shall be made available for inspection and copying at a time
					 specified by the records access officer on any regular business day between the
					 hours of 9:30 a.m. and 5 p.m.
(c) Photocopies of records. Upon
					 request by the applicant, the records access officer shall certify the
					 correctness of any photocopy made from a record of the Office of Court
					 Administration. If, at the request of the applicant, only part of a record is
					 photocopied, a statement to that effect shall be clearly marked on the first
					 page of the photocopy.
(d) Transcripts of records. If a record
					 cannot be photocopied, the applicant may request that a transcript of it be
					 made by the Office of Court Administration. The transcript may, in the
					 discretion of the records access officer, be either typewritten or
					 handwritten.
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 124 - Public Access To Records › Section 124.8 - Fees

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Except as otherwise provided by statute:
(1) the fee for photocopies of records
					 shall be 25 cents per page for photocopies not exceeding 9 inches by 14
					 inches;
(2) the fee
					 for photocopies of records exceeding 9 inches by 14 inches shall be the actual
					 copying cost, which shall be the average unit cost for photocopying a record,
					 excluding fixed costs such as operator salaries;
(3) if a transcript of a
					 record has been made by the Office of Court Administration at the request of
					 the applicant pursuant to section
					 124.7 of this Part, the applicant
					 may be charged for the clerical time and personal expenses involved in
					 producing the transcript.
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 124 - Public Access To Records › Section 124.9 - Appeals

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The Chief Administrator of the Courts or his designee shall be the appeals
					 officer. The business address of the appeals officer is: Office of Court
					 Administration, 25 Beaver Street, New York, NY 10004.
(b) An applicant whose request
					 to inspect or copy a record has been denied may, within 30 days of that denial,
					 appeal that determination in writing to the appeals officer at his business
					 address.
(c) The
					 appeal shall set forth:
(1)
					 the name and return address of the applicant;
(2) the date upon which the request for
					 inspection or copying of the record was made;
(3) the record to which the applicant
					 was denied access; and
(4) whether there was a written denial
					 of the request and, if there was, the date upon which the request was denied
					 and the reason for the denial.
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 125 - Uniform Rules For The Engagement Of Counsel › Section 125.1 - Engagement of counsel

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Engagement of counsel shall be a
					 ground for adjournment of an action or proceeding in accordance with this
					 rule.
(b) Engagement
					 of counsel shall mean actual engagement on trial or in argument before any
					 State or Federal trial or appellate court, or in a proceeding conducted
					 pursuant to rule 3405 of the CPLR and the rules promulgated
					 thereunder.
(c)
					 Subject to the provisions of subdivision (f) of this section, where an attorney
					 has conflicting engagements in the same court or different courts, the affected
					 courts shall determine in which matters adjournments shall be granted and in
					 which matters the parties shall proceed. In making such decisions, they shall,
					 to the extent lawful and practicable, give priority to actions and proceedings
					 in the order in which matters are listed below:
(1) child protective
					 proceedings;
(2)
					 criminal proceedings or juvenile delinquency proceedings wherein the defendant
					 or respondent is incarcerated;
(3) proceedings based on acts which
					 constitute felonies;
(4) proceedings based on acts which
					 constitute misdemeanors;
(5) matrimonial actions and
					 proceedings; and
(6)
					 civil actions and proceedings, including proceedings conducted pursuant to rule
					 3405 of the CPLR and the rules promulgated thereunder. Where an attorney's
					 conflicting engagements include two or more engagements within any one of these
					 categories of actions and proceedings, as between those engagements the
					 affected courts shall give priority to those involving jury trials.
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 126 - Compensation And Expenses Of Judges And Justices Temporarily Assigned To A City Court Or A Justice Court › Section 126.1 - General

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Each part-time judge or justice of a city,
						town or village court who is temporarily assigned to a city court pursuant to
						section
						107 of
						the Uniform City Court Act, shall receive $250 per day, or such lesser amount
						as his or her order of assignment may specify, for each day or part thereof
						during which such judge or justice actually performs judicial duties in
						accordance with such assignment in a courtroom or other facility designated for
						court appearances, provided that a judge or justice who performs such judicial
						duties for one half day or less shall receive $125 per day. There shall be no
						compensation for out-of-court work performed by any such judge or justice while
						on temporary assignment. Such judge or justice shall be reimbursed for
						out-of-pocket expenses reasonably and necessarily incurred in the performance
						of his or her duties while on temporary assignment in accordance with the
						provisions of Part 102 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 126 - Compensation And Expenses Of Judges And Justices Temporarily Assigned To A City Court Or A Justice Court › Section 126.2 - Compensation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Each part-time judge or justice of a city,
						town or village court who is temporarily assigned to a town or village court
						pursuant to section
						106
						(2) of the Uniform Justice Court Act shall
						receive compensation as set forth in section
						126.1 of this Part if the
						temporary assignment is the result of the death, disability or other incapacity
						of a justice in the receiving court, or any vacancy in that
						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 126 - Compensation And Expenses Of Judges And Justices Temporarily Assigned To A City Court Or A Justice Court › Section 126.3 - Off-Hours Arraignment Part

Current through Register Vol. 46, No. 28, July
					 10, 2024
Each judge or justice of a city, town or village court
						temporarily assigned to an off-hours arraignment part established by the Chief
						Administrator pursuant to Judiciary Law § 212(1)(w) shall receive $400 per
						day, or $200 per half-day, for each day or half-day period of service during
						which such judge or justice performs one or more judicial functions in the
						off-hours part. Where an assignment requires a participating judge or justice
						to remain available on-call for service in an off-hours arraignment part, there
						shall be no compensation for any day or half-day period of service that does
						not include at least one in-court judicial function. No state-paid judge may
						receive compensation under this Part for service in an off-hours arraignment
						part in lieu of regularly scheduled service in a state paid court without the
						approval 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 127 - Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians › Section 127.1 - Assignment and compensation of counsel, psychiatrists, psychologists, physicians and social workers

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Assignments and appointments of
					 counsel, psychiatrists, psychologists, physicians and social workers shall be
					 made by the court in accordance with such rules as may be adopted by each
					 Appellate Division. Each Appellate Division may compile and maintain such lists
					 of attorneys, psychiatrists, psychologists, physicians and social workers as it
					 shall deem appropriate for the implementation of its rules. Such rules may
					 provide that the appointment of psychiatrists, psychologists, physicians and
					 social workers shall be made after consultation with the Mental Hygiene Legal
					 Service.
(b) Each
					 claim by assigned counsel, psychiatrist, psychologist, physician or social
					 worker payable from State funds for services rendered to indigent persons,
					 pursuant to section
					 35 of the
					 Judiciary Law, shall be submitted on forms authorized by the Chief
					 Administrator of the Courts for approval within 45 days after completion of
					 service to the court which made assignment. Upon approval, the court shall
					 thereupon, within 15 days after receipt, forward such claims to the appropriate
					 Appellate Division for certification to the Comptroller for payment.
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 127 - Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians › Section 127.2 - Compensation of counsel and other providers of services in extraordinary circumstances

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Whenever an attorney, psychiatrist,
					 psychologist, physician or social worker, or a person providing investigative,
					 expert or other services, seeks compensation in excess of the statutory limits
					 prescribed by article 18-B of the County Law or section
					 35 of the
					 Judiciary Law, because of extraordinary circumstances, he or she shall submit
					 with his or her claim a detailed affidavit stating the nature of the
					 proceeding, the manner in which the time was expended, the necessity therefor,
					 and all other facts that demonstrate extraordinary circumstances. If the claim
					 is by an attorney, the attorney shall state the disposition of the
					 matter.
(b) The
					 order of the trial judge with respect to a claim for compensation in excess of
					 the statutory limits may be reviewed by the appropriate administrative judge,
					 with or without application, who may modify the award if it is found that the
					 award reflects an abuse of discretion by the trial judge. Any order modifying a
					 trial judge's award shall be in writing.
(c) An application for review may be
					 made by any person or governmental body affected by the order.
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 127 - Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians › Section 127.3 - Compensation of counsel and other providers in capital cases

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Each claim for
					 compensation and reimbursement submitted to the court pursuant to section
					 35-b
					 (9) of the Judiciary Law by an attorney or by
					 a provider of investigative, expert or other services shall be supported by a
					 sworn statement specifying the time expended, services rendered, expenses
					 incurred and reimbursement or compensation applied for or received in the same
					 case from any other source.
(b) Attorneys eligible for awards of
					 compensation by the trial court pursuant to section 35-b(9) may submit vouchers
					 for the court's approval at such times before the case is completed as the
					 court in its discretion may permit.
(c) Requests for reconsideration of any
					 order of the trial court fixing compensation pursuant to section 35-b(9) may be
					 made pursuant to the procedure set forth in section
					 127.2 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 127 - Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians › Section 127.4 - Compensation of attorneys for children

Current through Register Vol.
					 46, No. 28, July 10, 2024
Claims by attorneys for children for
						compensation, expenses and disbursements pursuant to section
						245 of the
						Family Court Act and section
						35 of the
						Judiciary Law shall be determined pursuant to the rules of the appropriate
						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 127 - Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians › Section 127.5 - Workload of the attorney for the child

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Subject to adjustment based on the
					 factors set forth in subdivision (b) of this section, the number of children
					 represented at any given time by an attorney appointed pursuant to section
					 249 of the
					 Family Court Act shall not exceed 150.
(b) For representation provided under
					 an agreement pursuant to section
					 243 (a) and
					 (b) of the Family Court Act, the workload
					 standards set forth in subdivision (a) of this section may be adjusted based on
					 such factors as:
(1)
					 differences among categories of cases that comprise the workload of the office
					 covered by the agreement;
(2) the level of activity required at
					 different phases of the proceeding;
(3) the weighting of different
					 categories and phases of cases;
(4) availability and use of support
					 staff;
(5) the
					 representation of multiple children in a case;
(6) local court practice,
					 including the duration of a case;
(7) other relevant
					 considerations.
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 127 - Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians › Section 127.6 - Training of attorneys for children on domestic violence

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Attorneys for children
					 appointed pursuant to section
					 249 of the
					 Family Court shall receive initial and ongoing training on domestic violence,
					 including the dynamics of domestic violence, its effect on victims and on
					 children, and the relationship between such dynamics and the issues considered
					 by the court, including, but not limited to, custody, visitation and child
					 support.
(b) For
					 representation provided under an agreement pursuant to section
					 243
					 (a) of the Family Court Act, the Chief
					 Administrator of the Courts shall provide for development of training programs
					 with the input of and in consultation with the State Office for the Prevention
					 of Domestic Violence, and such training programs, along with the providers of
					 such training, shall be approved by the Chief Administrator of the
					 Courts.
(c) For
					 representation provided under an agreement pursuant to section
					 243
					 (b) of the Family Court Act or by a panel of
					 attorneys for children pursuant to section
					 243
					 (c) of the Family Court Act, the Appellate
					 Divisions shall provide for development of training programs with the input of
					 and in consultation with the State Office for Prevention of Domestic Violence,
					 and such training programs, along with the providers of such training, shall be
					 approved by the Appellate Divisions.
(d) The Chief Administrator of the
					 Courts, with respect to representation pursuant to section
					 243
					 (a) of the Family Court Act, and the
					 Appellate Divisions, with respect to representation pursuant to section
					 243 (b) and
					 (c) of the Family Court Act, shall establish
					 procedures to assure compliance with subdivision (a) 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 127 - Assignment And Compensation Of Counsel, Psychiatrists, Psychologists And Physicians › Section 127.7 - Workload of Attorneys and Law Offices Providing Representation to Indigent Clients in Criminal Matters in New York City

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) The number of matters
					 assigned in a calendar year to an attorney appointed to represent indigent
					 clients in criminal matters pursuant to article 18-B of the County Law in New
					 York City shall not exceed 150 felony cases; or 400 misdemeanor cases; or a
					 proportionate combination of felony and misdemeanor cases (at a ratio of
					 1:2.66). Where staff attorneys employed by an indigent defense organization
					 within the City of New York are appointed to represent clients in criminal
					 matters pursuant to article 18-B of the County Law, these limits shall apply as
					 an average per staff attorney within the organization, so that the organization
					 may assign individual staff attorneys cases in excess of the limits to promote
					 the effective representation of clients.
(b) The Chief Administrator of the
					 Courts shall annually, at the time of the preparation and submission of the
					 judiciary budget, review the workload of such organizations and attorneys, and
					 shall take action to promote compliance with this rule. In undertaking such
					 review, the Chief Administrator may consider:
(1) differences among categories of
					 cases that comprise the workload of the defense organization;
(2) the level of activity
					 required at different phases of the proceeding;
(3) local court practice,
					 including the duration of a case; and
(4) any other factor the Chief
					 Administrator deems relevant.
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 128 - Uniform Rules For The Jury System › Section 128.0 - Applicability and definitions

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) This Part applies, as the context
					 requires, to the jury system with respect to all courts in the Unified Court
					 System in which juries are empanelled.
(b) The term commissioner of jurors in
					 this Part also includes the county clerk of each county within the City of New
					 York and the county clerk or other officer or employee appointed to serve as
					 commissioner of jurors in any county outside the City of New York.
(c) The term Chief
					 Administrator of the Courts, when used in this Part, is deemed to include a
					 designee of the Chief Administrator.