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 141 - Integrated Domestic Violence Parts And Domestic Violence Parts And Domestic Violence Parts › Section 141.2 - Establishment of IDV parts and DV parts

Current through Register Vol.
					 46, No. 28, July 10, 2024
Following consultation with and agreement
						of the presiding justice of the Judicial Department in which a county is
						located, the Chief Administrator, by administrative order, may establish an IDV
						part in Supreme Court or a DV part in Supreme Court or County Court in such
						county and assign one or more judges or justices to preside
						therein.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 141 - Integrated Domestic Violence Parts And Domestic Violence Parts And Domestic Violence Parts › Section 141.3 - Identification of IDV- and DV-eligible cases

Current through Register
					 Vol. 46, No. 28, July 10, 2024
Procedures shall be established in each
						court so as to insure that cases pending before it are identified as
						IDV-eligible or DV-eligible at the earliest possible time.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 141 - Integrated Domestic Violence Parts And Domestic Violence Parts And Domestic Violence Parts › Section 141.4 - Transfer of IDV- and DV-eligible cases

Current through Register Vol.
					 46, No. 28, July 10, 2024
Unless the administrative order
						establishing an IDV part or a DV part in a county shall otherwise
						provide:
(a) Where an
					 IDV-eligible case is pending in a court other than Supreme Court in such county
					 or where a DV-eligible case is pending in a court other than the Supreme or
					 County Court in such county:
(1) Originals or copies of papers and
					 other documents filed in such court in connection with the case shall, directly
					 following its identification as IDV-eligible or DV-eligible, be sent by the
					 court to the respective IDV part or DV part.
(2) Not later than five days following
					 receipt of the original papers and other documents in an IDV-eligible case in
					 an IDV part, the justice or judge presiding in such part shall determine
					 whether or not a transfer of the case to the part would promote the
					 administration of justice. If the justice or judge determines that it would, he
					 or she may order such transfer, in which event the case shall be referred for
					 disposition to the part, all original papers, if not already sent, shall be
					 sent from the originating court to the part, and all further proceedings shall
					 be conducted therein. If the justice or judge determines that such a transfer
					 would not promote the administration of justice, he or she shall cause all
					 papers and other documents in the case to be returned to the court from which
					 they were received, where all further proceedings in such case shall be
					 conducted in accordance with law.
(3) Notwithstanding the provisions of
					 paragraphs (1) and (2) of this subdivision, where the case is a criminal case
					 and the defendant is held by the local criminal court for the action of a grand
					 jury empaneled by a County Court, only copies of the papers and other documents
					 filed with such court shall be delivered to the IDV part or DV part; and the
					 justice or judge presiding therein may at any time order a transfer of the case
					 to the respective part provided he or she determines that such a transfer would
					 promote the administration of justice. The original papers and other documents
					 filed with the local criminal court shall be delivered to the County Court as
					 required by section
					 180.30
					 (1) of the Criminal Procedure 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 141 - Integrated Domestic Violence Parts And Domestic Violence Parts And Domestic Violence Parts › Section 141.5 - Procedure in an IDV and DV parts

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Unless otherwise authorized or
					 required by law, no case transferred from another court to the Supreme Court
					 and referred for disposition to an IDV part thereof may be consolidated with
					 any other case pending before such IDV part.
(b) Each case transferred from another
					 court to the Supreme Court and referred for disposition to an IDV part thereof,
					 and each case transferred from another court to the Supreme Court or County
					 Court where a DV part is established and referred for disposition to a DV part
					 thereof, shall be subject to the same substantive and procedural law as would
					 have applied to it had it not been transferred, and no party thereto shall be
					 required to pay any fee for the assignment of an index number thereto upon such
					 transfer.
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 142 - Criminal Division Of Supreme Court In Bronx County › Section 142.1 - Establishment of a Criminal Division of Supreme Court in Bronx County

Current through Register Vol. 46, No. 28, July 10,
					 2024
The Chief Administrator of the Courts,
						following consultation with and agreement of the Presiding Justice of the First
						Judicial Department, may establish, by administrative order, a Criminal
						Division of Supreme Court in Bronx County and assign one or more justices to
						preside therein. Subject to the further limitations prescribed in this part,
						such criminal division shall be devoted to the hearing and determination of all
						criminal cases commenced in or transferred to the courts sitting in Bronx
						County provided at least one felony or misdemeanor is
						charged.
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 142 - Criminal Division Of Supreme Court In Bronx County › Section 142.2 - Transfer of criminal cases to the Criminal Division of Supreme Court

Current through Register Vol. 46, No. 28, July 10,
					 2024
Where the Chief Administrator establishes
						a Criminal Division of Supreme Court in Bronx County pursuant to section
						142.1 of this Part:
(a) Each criminal case then
					 pending or thereafter commenced in the Supreme Court in such county, and each
					 criminal case thereafter transferred to Supreme Court in such county from
					 Supreme Court in another county, shall be referred for disposition to such
					 criminal division and further proceedings in such case shall be conducted in a
					 part established therein.
(b) All criminal cases then pending or
					 thereafter commenced in the Criminal Court of the City of New York in Bronx
					 County, in which at least one felony or misdemeanor is charged, shall,
					 following arraignment, be transferred therefrom by the Administrative Judge for
					 the Supreme Court in Bronx County to the Supreme Court in such county upon a
					 finding that transfer of these cases would promote the administration of
					 justice, and thereupon such cases shall be referred for disposition to such
					 criminal division and farther proceedings in such cases shall be conducted in
					 the parts established therein. Provided, however, that no criminal case may be
					 transferred pursuant to this subdivision where such case is returnable in a
					 summons part of the Criminal Court and no felonies or class A misdemeanors are
					 charged therein
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 142 - Criminal Division Of Supreme Court In Bronx County › Section 142.3 - Procedure upon transfer of a criminal case hereunder

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Each case transferred from the Criminal
						Court of the City of New York to the Supreme Court and referred for disposition
						to the criminal division thereof pursuant to section
						142.2 of this Part shall be
						subject to the same substantive and procedural law as would have applied to it
						had it not been transferred.
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 143 - Superior Courts For Drug Treatment › Section 143.1 - Establishment of Superior Courts for Drug Treatment

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Following consultation with and agreement
						of the Presiding Justice of the Judicial Department in which a county is
						located, the Chief Administrator of the Courts, by administrative order, may
						establish a Superior Court for Drug Treatment in Supreme Court or County Court
						in such county and assign one or more justices or judges to preside therein.
						Each such Superior Court for Drug Treatment shall have as its purpose the
						hearing and determination of:
(a) criminal cases that are commenced
					 in the court and that are identified by the court as appropriate for
					 disposition by a drug treatment court;
(b) criminal cases that are commenced
					 in other courts of the county, and that are identified as appropriate for
					 disposition by a drug treatment court and transferred to the court as provided
					 in section
					 143.2 of this Part; and
(c) criminal cases that are
					 commenced in Superior Court where such court orders an alcohol or substance
					 abuse evaluation pursuant to the Judicial Diversion Program of article 216 of
					 the Criminal Procedure Law, where the administrative judge for the judicial
					 district in which the county is located has designated the Superior Court for
					 drug treatment to adjudicate such cases.
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 143 - Superior Courts For Drug Treatment › Section 143.2 - Transfer of cases to Superior Courts for Drug Treatment; how effectuated

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Transfer of cases pending in local criminal courts.
(1) A local criminal court in a county
					 in which a Superior Court for Drug Treatment has been established in the
					 Supreme or County Court thereof may, upon motion of the defendant and with the
					 consent of the district attorney, cause copies of papers and other documents
					 filed in such local criminal court in connection with a criminal action or
					 proceeding pending therein to be sent to the Superior Court for Drug Treatment:
(i) upon or after arraignment
					 of defendant on a local criminal court accusatory instrument by which such
					 action or proceeding was commenced; or
(ii) upon or after commencement of a
					 proceeding brought against defendant for the violation of a condition of a
					 sentence of probation or a sentence of conditional discharge.
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 143 - Superior Courts For Drug Treatment › Section 143.3 - Procedure in a Superior Court for Drug Treatment upon transfer of case thereto

Current through Register Vol. 46, No. 28, July 10,
					 2024
Each action or proceeding transferred from
						a local criminal court to a superior court and referred for disposition to a
						Superior Court for Drug Treatment thereof shall be subject to the same
						substantive and procedural law as would have applied to it had it not been
						transferred.
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 144 - New York State Parent Education And Awareness Program › Section 144.1 - Scope of program

Current through Register Vol. 46, No. 28, July
					 10, 2024
The New York State Parent Education and
						Awareness Program ("Program") provides information to parents about the impact
						of parental breakup or conflict on children, how children experience family
						change, and ways in which parents can help their children manage the family
						reorganization. The curriculum is child-centered and directed primarily toward
						promoting children's healthy adjustment and development by educating parents
						about ways they can minimize the stress of family change and protect their
						children from the negative effects of ongoing parental conflict. The
						administration and curriculum of the parent education program is sensitive to
						domestic violence concerns and must be in compliance with the Guidelines and
						Procedures for Certification of Parent Education and Awareness
						Programs.
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 144 - New York State Parent Education And Awareness Program › Section 144.2 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Parent education and awareness program. A parent education and awareness
					 program certified by the Office of Court Administration.
(b) Provider. The entity
					 responsible for applying for certification and for presentation of a parent
					 education and awareness program.
(c) Program administrator. The
					 individual associated with the parent education provider ultimately responsible
					 for administering all aspects of the parent education and awareness
					 program.
(d) Court.
					 A justice, judge, judicial hearing officer, matrimonial referee, court
					 attorney- referee, or support magistrate who handles issues of child custody
					 and visitation and child support.
(e) Guidelines. The Guidelines and
					 Procedures for Certification of Parent Education and Awareness Programs, which
					 contain the minimum standards for parent education programs to be certified and
					 approved by the Office of Court Administration to accept participants referred
					 by the courts of the State of New York.
(f) Program director. The individual
					 employed by the Office of Court Administration responsible for administration
					 and oversight of the New York State Parent Education and Awareness
					 Program.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 144 - New York State Parent Education And Awareness Program › Section 144.3 - Application of program

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) The New York State Parent Education
					 and Awareness Program may apply in any action or proceeding:
(1) that affects the interests
					 of children under 18 years of age; and
(2) that is brought in Supreme Court or
					 Family Court:
(i) to annul a
					 marriage or declare the nullity of a void marriage;
(ii) for separation;
(iii) for divorce;
(iv) to obtain custody of or
					 visitation with minor children;
(v) to obtain a modification of a prior
					 order of custody or visitation with minor children; or
(vi) where, in the exercise of
					 the court's discretion, a determination is made in a particular matter that
					 attendance by the parents would provide information that would be of benefit to
					 them and their children.
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 144 - New York State Parent Education And Awareness Program › Section 144.5 - Fees

Current through Register Vol. 46, No. 28, July 10,
					 2024
In accordance with the guidelines, parent
						education and awareness programs may require attendees to pay a fee. The fee
						must be reasonably related to the cost of providing the services, cannot exceed
						the maximum authorized fee as set forth in the guidelines, and must be subject
						to waiver or reduction if requiring a person to pay the full fee would work a
						hardship on the person or his or her immediate family.
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 144 - New York State Parent Education And Awareness Program › Section 144.6 - Confidentiality

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Any communication made by a party as part of his or her participation in a
					 parent education and awareness program shall be a confidential communication
					 and shall not be available for evidentiary use in any action or
					 proceeding.
(b) The
					 court shall obtain information about compliance with its order sending parents
					 to parent education only from the provider pursuant to the provisions in the
					 guidelines.
(c) Any
					 provider, its program administrator or designee who is provided information
					 from a parent, either in writing or orally, shall not divulge that information
					 to the attorneys representing the parties, the attorney(s) for the children,
					 the other party, or the court, and its chambers or administrative staffs,
					 except that information may be provided, without indication of a parent's name,
					 to the program director or his or her designee as part of the certification and
					 evaluation process.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 145 - Integrated Youth Court In Westchester County › Section 145.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Integrated Youth Court shall refer to a multi-court part of the County Court
					 and the Family Court in Westchester County established by the Chief
					 Administrator of the Courts pursuant to section
					 145.2 of this Part.
(b) IYC-eligible case shall
					 refer to both of the following when they are simultaneously pending in
					 Westchester County: a criminal case in a local criminal court or in the County
					 Court and a case in the Family Court in which a respondent therein is a
					 defendant in such criminal case and he or she was under 21 years of age at the
					 time of the alleged commission of an offense prosecuted in such criminal case.
					 An IYC-eligible case also shall refer to:
(1) a civil action pending in a City
					 Court, Town Court or Village Court in Westchester County, or in the County
					 Court thereof, where such action arises out of substantially the same facts as
					 underlie IYC-eligible cases then pending in the Integrated Youth Court;
					 and
(2) a case that
					 would have been IYC-eligible were it to have been pending simultaneously with
					 other IYC-eligible cases that already have been disposed of in the Integrated
					 Youth Court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 145 - Integrated Youth Court In Westchester County › Section 145.2 - Establishment of Integrated Youth Court in Westchester County

Current
					 through Register Vol. 46, No. 28, July 10, 2024
Following consultation with and agreement
						of the Presiding Justice of the Second Judicial Department, the Chief
						Administrator, by administrative order, may establish an Integrated Youth Court
						in Westchester County and assign one or more judges to preside therein. Such
						Integrated Youth Court shall be devoted to the hearing and determination, in a
						single forum, of IYC-eligible cases in accordance with 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 145 - Integrated Youth Court In Westchester County › Section 145.3 - Identification of IYC-eligible cases

Current through Register Vol.
					 46, No. 28, July 10, 2024
Procedures shall be established to ensure
						that IYC-eligible cases are identified at the earliest possible
						time.
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 145 - Integrated Youth Court In Westchester County › Section 145.4 - Assignment and transfer of cases

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Where an IYC-eligible case is
					 pending in a City Court, Town Court or Village Court in Westchester County:
(1) Originals or copies of
					 papers and other documents filed in such Court in connection with the case
					 shall, directly following its identification as IYC-eligible, be sent by the
					 Court to the Integrated Youth Court.
(2) Not later than five days following
					 receipt of the original papers and documents in an IYC-eligible case in the
					 Integrated Youth Court, the judge presiding therein shall determine whether or
					 not the transfer of such case to the County Court would promote the
					 administration of justice. If the judge determines that it would, he or she may
					 order such transfer, in which event the case shall be referred to the
					 Integrated Youth Court, all original papers, if not already sent, shall be sent
					 from the originating court to the Integrated Youth Court, and further
					 proceedings shall be conducted therein. If the judge determines that such a
					 transfer would not promote the administration of justice, he or she shall cause
					 all papers and other documents in the case to be returned to the court from
					 which they were received, where further proceedings in such case shall be
					 conducted in accordance with 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 145 - Integrated Youth Court In Westchester County › Section 145.5 - Procedure in the Integrated Youth Court

Current through Register Vol.
					 46, No. 28, July 10, 2024
Each case transferred from another court
						to the County Court and referred to the Integrated Youth Court part thereof
						shall be subject to the same substantive and procedural law as would have
						applied to it had it not been transferred.
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 146 - Guidelines For Qualifications And Training Of Adr Neutrals Serving On Court Rosters › Section 146.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
These guidelines establish qualifications
						and training throughout the State for mediators and neutral evaluators serving
						on court rosters. These guidelines are not intended to cover arbitrators nor to
						apply to neutrals serving in the UCS Community Dispute Resolution Centers
						Program.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 146 - Guidelines For Qualifications And Training Of Adr Neutrals Serving On Court Rosters › Section 146.2 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Neutral shall refer to both mediators and neutral evaluators.
(b) Mediation shall refer to a
					 confidential dispute resolution process in which a neutral third party (the
					 mediator) helps parties identify issues, clarify perceptions and explore
					 options for a mutually acceptable outcome.
(c) Neutral evaluation shall refer to a
					 confidential, non-binding process in which a neutral third party (the neutral
					 evaluator) with expertise in the subject matter relating to the dispute
					 provides an assessment of likely court outcomes of a case or an issue in an
					 effort to help parties reach a settlement.
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 146 - Guidelines For Qualifications And Training Of Adr Neutrals Serving On Court Rosters › Section 146.3 - Rosters of neutrals

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Each district administrative judge
					 may compile rosters in his or her judicial district of neutrals who are
					 qualified to receive referrals from the court. In order to be eligible for
					 appointment to the roster, neutrals must meet the minimum qualifications and
					 training criteria set forth below. Each neutral serves at the pleasure of the
					 district administrative judge in his or her district, who may terminate a
					 designation to the roster at any time.
(b) Neutrals shall be redesignated to
					 the roster maintained by the district administrative judge in his or her
					 judicial district every two years. In determining whether to redesignate
					 neutrals, district administrative judges must determine that each neutral has
					 complied with section
					 146.5 of this Part, (continuing
					 education for neutrals) and must consult with the UCS ADR office regarding any
					 complaints filed against a neutral who is otherwise eligible for
					 redesignation.
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 146 - Guidelines For Qualifications And Training Of Adr Neutrals Serving On Court Rosters › Section 146.4 - Qualifications and training of neutrals

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Neutral evaluation. Neutral
					 evaluators who wish to qualify for appointment to a court roster must have
					 successfully completed at least six hours of approved training in procedural
					 and ethical matters related to neutral evaluation and be:
(1) lawyers admitted to
					 practice law for at least five years who also have at least five years of
					 substantial experience in the specific subject area of the cases that will be
					 referred to them; or
(2) individuals who have served at
					 least five years as a judge with substantial experience in the specific subject
					 area of the cases that will be referred to them.
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 146 - Guidelines For Qualifications And Training Of Adr Neutrals Serving On Court Rosters › Section 146.5 - Continuing education for neutrals

Current through Register Vol.
					 46, No. 28, July 10, 2024
All neutrals must attend at least six
						hours of additional approved training relevant to their respective practice
						areas every two years.
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 146 - Guidelines For Qualifications And Training Of Adr Neutrals Serving On Court Rosters › Section 146.6 - Approval of training programs and qualifications

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) The UCS ADR office, with
					 the approval of the chief administrative judge and the four presiding justices
					 of the Appellate Divisions, shall adopt such criteria as may be appropriate for
					 the approval of training programs under these guidelines and for defining
					 recent experience mediating actual cases pursuant to section
					 146.4(b) of this
					 Part.
(b) The UCS
					 ADR office, with the approval of the chief administrative judge, may increase
					 the qualifications and training requirements in specific court ADR
					 programs.
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 147 - Superior Court Sex Offense Parts › Section 147.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Sex offense part shall refer to a part of court established by the Chief
					 Administrator of the Courts pursuant to section
					 147.2 of this Part.
(b) Sex offense part-eligible
					 case shall refer to any case pending in a court of criminal jurisdiction in the
					 county where the defendant is charged with one or more offenses for which
					 registration as a sex offender is required, or with one or more offenses under
					 article 135, article 140 or article 260 of the Penal Law where the case is
					 appropriate for disposition in the sex offense part. Offenses for which
					 registration as a sex offender is required include, but are not limited to,
					 offenses under: article 130 of the Penal Law; sections
					 135.05,
					 135.10,
					 135.20, and
					 135.25 of the
					 Penal Law if the alleged victim is less than 17 years old and the offender is
					 not a parent of the alleged victim; section
					 230.04 of the
					 Penal Law if the person allegedly patronized is less than 17 years old; and
					 sections
					 230.05,
					 230.06,
					 230.30
					 (2),
					 230.32,
					 230.33,
					 230.34,
					 235.22,
					 250.45
					 (2)-(4),
					 250.50,
					 255.25,
					 255.26,
					 255.27,
					 263.05,
					 263.10,
					 263.11,
					 263.15 and
					 263.16 of the
					 Penal 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 147 - Superior Court Sex Offense Parts › Section 147.2 - Establishment of Superior Court sex offense parts

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Following consultation with and agreement
						of the Presiding Justice of the Judicial Department in which a county is
						located, the Chief Administrator of the Courts, by administrative order, may
						establish a sex offense part in Supreme Court or County Court in such county
						and assign one or more justices or judges to preside therein. Such sex offense
						part shall be devoted to the hearing and determination, in a single forum, of
						Sex Offense Part-eligible cases in accordance with 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 147 - Superior Court Sex Offense Parts › Section 147.3 - Identification of sex offense part-eligible cases

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Procedures shall be established in each
						court so as to insure that cases pending before it are identified as sex
						offense part-eligible at the earliest possible time.
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 147 - Superior Court Sex Offense Parts › Section 147.4 - Transfer of cases to Superior Court sex offense part

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Transfer of cases pending
					 in local criminal courts. Where a sex offense part-eligible case is pending in
					 a court other than the Supreme Court or County Court in such county in which
					 the sex offense part is established:
(1) Originals or copies of papers and
					 other documents filed in such court in connection with such case shall be sent
					 to the sex offense part directly following its identification as sex offense
					 part-eligible.
(2)
					 Not later than five days following receipt in a sex offense part of the papers
					 and other documents in a sex offense part-eligible case, the justice or judge
					 presiding in such part shall determine whether or not a transfer of the case to
					 the Supreme Court or County Court where the sex offense part is established
					 would promote the administration of justice. If the justice or judge presiding
					 in such Part determines that it would, he or she may order such transfer, in
					 which event the case shall be referred for disposition to the sex offense part;
					 all original papers, if not already sent, shall be sent from the originating
					 court to the sex offense part; and all further proceedings shall be conducted
					 therein. If the justice or judge determines that such a transfer would not
					 promote the administration of justice, he or she shall notify the local
					 criminal court from which the reference was received of such determination and
					 cause all original papers and other documents in the case to be returned to the
					 court from which they were received, whereupon all further proceedings in such
					 case shall be conducted in accordance with law.
(3) Notwithstanding the
					 provisions of paragraphs (1) and (2) of this subdivision, where the defendant
					 in a case is held by the local criminal court for the action of a grand jury
					 empaneled by a Supreme Court or a County Court, only copies of the papers and
					 other documents filed with such court shall be delivered to the sex offense
					 part; and the justice or judge presiding therein may at any time order a
					 transfer of the case to the Supreme Court or County Court where the sex offense
					 part is established provided he or she determines that such a transfer would
					 promote the administration of justice. The original papers and other documents
					 filed with the local criminal court shall be delivered to the Supreme Court or
					 County Court as required by section
					 180.30
					 (1) of the Criminal Procedure 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 147 - Superior Court Sex Offense Parts › Section 147.5 - Procedure in a sex offense part

Current through Register Vol. 46, No.
					 28, July 10, 2024
Each case transferred from a local
						criminal court to the Supreme Court or County Court and referred for
						disposition to a sex offense part thereof shall be subject to the same
						substantive and procedural law as would have applied to it had it not been
						transferred.
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 148 - Relief From Federal Firearms Disabilities Program › Section 148.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
This rule establishes a relief from
						disabilities program, as required by Federal law ( Public Law 110-180, §
						105 [2007]), for those individuals who have had guardians appointed for them
						and who would otherwise be prohibited from purchasing firearms because their
						names have been transmitted to the National Instant Criminal Background Check
						System database in accordance with State and Federal law (L. 2008, ch. 49; 118
						USC 922 [d][(4] and [g][4]).
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 148 - Relief From Federal Firearms Disabilities Program › Section 148.2 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Eligible individual is a person who at any time has had a guardian appointed
					 for him or her pursuant to any provision of State law, based on a determination
					 that, as a result of marked subnormal intelligence, mental illness, incapacity,
					 condition or disease, he or she lacks the mental capacity to contract or manage
					 his or her own affairs.
(b) Administrative judge shall mean the
					 administrative judge of each judicial district, or the administrative judge of
					 Nassau County or Suffolk County.
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 148 - Relief From Federal Firearms Disabilities Program › Section 148.3 - Petition

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 A petition for relief from firearms disabilities must be made by an eligible
					 individual in writing to the administrative judge of the district or county
					 where the court that appointed the guardian is located. It shall be made on
					 notice to any person or entity as designated by the administrative law judge,
					 which may include the guardian appointed for the eligible individual and the
					 licensing officer responsible for issuing any license to possess a firearm in
					 the appropriate jurisdiction.
(b) The request for relief shall
					 include any relevant evidence that will assist in the determination of whether
					 a certificate of relief from Federal firearms disabilities should be issued,
					 including, but not limited to:
(1) affidavits attesting to the
					 character or reputation of the applicant;
(2) medical records detailing the
					 applicant's mental health history;
(3) a current psychiatric evaluation,
					 unless waived by the person deciding the application;
(4) a certified copy of the
					 criminal history information of the eligible individual maintained on file at
					 the New York State Division of Criminal Justice Services (DCJS), or a copy of a
					 response from DCJS that there is no criminal history information;
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 148 - Relief From Federal Firearms Disabilities Program › Section 148.4 - Proceeding

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The administrative law judge shall designate a hearing officer to hear and
					 report on the application.
(b) The hearing officer may receive
					 such evidence and testimony as necessary to make a report on the merits of the
					 application.
(c)
					 Proceedings shall be recorded, either by electronic means or any other method
					 designed to produce an accurate record or transcript of the
					 proceedings.
(d) In
					 recommending whether to issue a certificate of relief from disabilities, the
					 hearing officer must consider the following factors:
(1) the circumstances underlying the
					 initial determination of mental disability;
(2) the eligible individual's mental
					 health and criminal history records; and
(3) the reputation of the eligible
					 individual as developed through character witness statements, testimony, or
					 other character evidence.
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 148 - Relief From Federal Firearms Disabilities Program › Section 148.5 - Report and determination

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) The hearing officer shall issue a
					 written report which shall include a recommendation on whether a certificate of
					 relief from Federal firearms disabilities should be issued. The report shall
					 provide the basis for the recommendation, including whether the person to whom
					 the certificate is to be issued is an eligible individual who will not be
					 likely to act in a manner dangerous to public safety, and whether the relief to
					 be granted by the certificate is contrary to the public interest.
(b) The administrative judge,
					 upon considering the report of the hearing officer, shall determine whether to
					 issue the certificate of relief from Federal firearms disabilities. Where the
					 application is granted, the administrative law judge shall notify the Division
					 of Criminal Justice Services that the person to whom the certificate was issued
					 should be removed from the database that the Federal and State government
					 maintains and uses in connection with the National Instant Criminal Background
					 Check System. Where the application is denied, the judge shall advise the
					 petitioner of the right to appeal the determination.
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 148 - Relief From Federal Firearms Disabilities Program › Section 148.6 - Appeal

Current through Register Vol. 46, No. 28, July 10,
					 2024
Where a petition for relief from firearms
						disabilities is denied, the petitioner shall have the right to appeal the
						determination to a court for a de novo review of the denial of the petition
						under article 78 of the Civil Practice Law and 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 149 - Superior Court Adolescent Diversion Parts › Section 149.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Adolescent diversion part shall refer to a part established in Supreme Court or
					 County Court by the Chief Administrator of the Courts pursuant to section
					 149.2 of this Part.
(b) Adolescent diversion
					 part-eligible action or proceeding shall refer to any action or proceeding
					 pending in a court of criminal jurisdiction in the county where the defendant
					 was 16 or 17 years of age at the time of the alleged commission of the offense
					 being prosecuted and where the action or proceeding is appropriate for
					 disposition in the adolescent diversion 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 149 - Superior Court Adolescent Diversion Parts › Section 149.2 - Establishment of Superior Court adolescent diversion parts

Current
					 through Register Vol. 46, No. 28, July 10, 2024
Following consultation with and agreement
						of the Presiding Justice of the appropriate Appellate Division, the Chief
						Administrator of the Courts may establish adolescent diversion parts in Supreme
						Court or County Court in Bronx, Kings, New York, Queens, Richmond, Nassau,
						Westchester, Onondaga, and Erie Counties and assign one or more justices or
						judges to preside therein. Each such part shall have as its purpose the hearing
						and determination of adolescent diversion part-eligible actions or
						proceedings.
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 149 - Superior Court Adolescent Diversion Parts › Section 149.3 - Identification of adolescent diversion part-eligible actions or proceedings

Current through Register Vol. 46, No. 28, July 10,
					 2024
Procedures shall be established in each
						criminal court in the county where an adolescent diversion part has been
						created to identify matters eligible for transfer to such part following
						arraignment.
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 149 - Superior Court Adolescent Diversion Parts › Section 149.5 - Procedure in an adolescent diversion part

Current through Register
					 Vol. 46, No. 28, July 10, 2024
Each action or proceeding transferred from
						a local criminal court to the Supreme Court or County Court and referred for
						disposition to an adolescent diversion part thereof shall be subject to the
						same substantive and procedural law as would have applied had there been no
						transfer.
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 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.0 - Preamble (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 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.1 - Establishment (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 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.2 - Membership (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 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.3 - Terms of Office (Repealed)

Current through Register Vol. 46, No. 28,
					 July 10, 2024