reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.1 - When permitted

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Conditional examinations authorized
						pursuant to sections
						660.40 and
						660.50 of the Criminal Procedure Law may
						be conducted by means of videotape or photographic recording, provided the
						recording is made in conformity with this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.2 - Application and notice

Current through Register Vol. 46, No. 28, July
					 10, 2024
An application requesting that a
						conditional examination be recorded, for audiovisual reproduction and
						preservation, by videotape or other photographic method, and any order granting
						that application shall state the name and address of the operator and of his or
						her employer.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.3 - Conduct of examination

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The examination shall begin by the
					 operator recording:
(1) his or
					 her name and address;
(2) the name and address of his or her
					 employer;
(3) the
					 date, time and place of the examination;
(4) the caption of the case;
(5) the name of the witness;
					 and
(6) the party on
					 whose behalf the examination is being conducted.
The person being examined shall be sworn as
						a witness. If the examination requires the use of more than one tape or film,
						the end of each tape or film and the beginning of each succeeding tape or film
						shall be announced by the operator.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.4 - Copies

Current through Register Vol. 46, No. 28, July 10,
					 2024
The parties may make copies of the
						examination and thereafter may purchase additional copies.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.5 - Custody of recordings

Current through Register Vol. 46, No. 28,
					 July 10, 2024
When the tape or film is filed with the
						clerk of the court, the clerk shall give an appropriate receipt, shall provide
						secure and adequate facilities for the storage of such recordings, and
						thereafter shall keep appropriate records as to the possession and custody of
						such recordings.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.6 - Use at trial

Current through Register Vol. 46, No. 28, July
					 10, 2024
The use of recordings of examinations at
						the trial shall be governed by the provisions of the Criminal Procedure Law,
						and all other relevant statutes, court rules and decisional law relating to
						depositions and to the admissibility of evidence. The proponent of the
						examination shall have the responsibility of providing whatever equipment and
						personnel may be necessary for presenting the examination.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.7 - Cost

Current through Register Vol. 46, No. 28, July 10,
					 2024
The cost of videotaping or photographic
						recording shall be borne by the applicant.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases › Section 32.8 - Appeal

Current through Register Vol. 46, No. 28, July 10,
					 2024
On appeal, videotaped or photographically
						recorded examinations shall be transcribed in the same manner as other
						testimony, and transcripts shall be filed in the appellate court. The
						transcripts shall remain part of the original record in the case and shall be
						transmitted therewith.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 33 - Temporary Assignment Of Justices And Judges › Section 33.0 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
Temporary assignments of judges and
						justices of the Unified Court System pursuant to article VI, section 26, of the
						Constitution shall be made by the Chief Administrator of the Courts, in his or
						her discretion, subject to the Constitution, art. VI, section 28, subdivision
						b, after determining the need therefor and the advisability thereof consistent
						with the objectives of the Unified Court System; provided, however, that such
						temporary assignments shall be made with due regard for the courts from which
						and to which a temporary assignment is made and with due regard for the
						official and appropriate interests of the judge being assigned. When made for a
						period in excess of 20 calendar days, such temporary assignments shall be made
						by the Chief Administrator in consultation and agreement with the presiding
						justices of the appropriate appellate divisions on behalf of their respective
						courts, provided further that if the Chief Administrator and a presiding
						justice are unable to agree, the matter shall be determined by the Chief
						Judge.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 33 - Temporary Assignment Of Justices And Judges › Section 33.1 - Temporary assignment of judges to the Supreme Court

Current
					 through Register Vol. 46, No. 28, July 10, 2024
In addition to the criteria set forth in
						section 33.0 of this Part, all assignments
						to the Supreme Court of judges of courts of limited jurisdiction, other than
						the Court of Claims, shall be made pursuant to rules promulgated by the Chief
						Administrator which shall provide for:
(a) minimum standards of judicial
					 service as a prerequisite for consideration;
(b) recommendations by administrative
					 judges, bar associations and others who may have knowledge of the capabilities
					 of the judge under consideration; and
(c) limited terms of assignment and a
					 procedure for evaluation of the qualifications of the judge prior to a
					 designation or redesignation for temporary assignment.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 34 - Guidelines For New York State Court Facilities › Section 34.2 - Reimbursement for cleaning of court facilities

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Purpose. The purpose of this section
					 is to give effect to the provisions of section
					 39-b of the
					 Judiciary Law.
(b)
					 Definitions. For purposes of this section, the definitions set forth in section
					 34.1(c) of this
					 Part shall apply. In addition, the following terms shall have the meanings
					 herein provided:
(1) The term
					 court facilities shall mean facilities for the transaction of business by the
					 State-paid courts and court-related agencies of the Unified Court System and
					 the judicial and nonjudicial personnel thereof, including rooms and
					 accommodations for the courts and court- related agencies of the Unified Court
					 System, the judges, justices and the clerical, administrative and other
					 personnel thereof.
(2) The term cleaning of court
					 facilities shall mean those services and activities that are necessary to
					 insure that the interior of each court facility is and remains a clean and
					 healthful environment in which to transact the business of the Unified Court
					 System. These services and activities include, but are not limited to: removal
					 of trash and debris; maintenance of appropriate standards of hygiene; painting;
					 pest control; and replacement of consumable items such as light bulbs, soap,
					 toilet paper and paper toweling. They also shall include the making of minor
					 repairs.
(3) The term
					 minor repairs shall mean such repairs as are required to replace a part or put
					 together what is torn or broken, or to restore a surface or finish, where such
					 repairs will preserve and/or restore a court facility to full functionality;
					 and shall include only:
(i)
					 painting, carpeting, and other resurfacing of, or finish work related to, or
					 renovation of, the interiors of spaces used by the Unified Court System;
					 and
(ii) a uniform
					 percentage of other building maintenance costs, said percentage to be
					 established for each State fiscal year by the chief administrator. The chief
					 administrator may set a different percentage for a particular political
					 subdivision upon a showing that minor repairs constitute a greater percentage
					 of other building maintenance costs in that political subdivision than the
					 uniform percentage established by the chief administrator.
(4) The term political
					 subdivision shall include each county of the State outside the City of New York
					 and each city of the State.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 34 - Guidelines For New York State Court Facilities › Section 34.3 to 34.7 - Repealed

Current through Register Vol. 46, No. 28, July
					 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 35 - Child Witnesses › Section 35.1 - Development of methods to reduce trauma to child witnesses

Current
					 through Register Vol. 46, No. 28, July 10, 2024
The Chief Administrator of the Courts shall
						consult with individuals, agencies and groups concerned with child psychology
						and child welfare and, based upon that consultation, shall develop and
						implement methods and techniques designed to reduce significantly the trauma to
						child witnesses likely to be caused by testifying in court proceedings. The
						Chief Administrator shall periodically review such methods and techniques to
						ensure their continuing effectiveness.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 35 - Child Witnesses › Section 35.2 - Training and education programs concerning treatment of child witnesses

Current through Register Vol. 46, No. 28, July 10,
					 2024
The Chief Administrator of the Courts shall
						include, as appropriate, in education and training programs offered to judges
						and nonjudicial personnel, programs concerning the social and psychological
						stages of child development to ensure that, where appropriate, courtroom
						procedures, including the questioning and treatment of a child witness by the
						parties, are adopted or modified to protect the child from emotional or
						psychological harm.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 36 - Appointments By The Court › Section 36.0 - Preamble

Current through Register Vol. 46, No. 28, July 10,
					 2024
Public trust in the judicial process demands that
						appointments by judges be fair, impartial and beyond reproach. Accordingly,
						these rules are intended to ensure that appointees are selected on the basis of
						merit, without favoritism, nepotism, politics or other factors unrelated to the
						qualifications of the appointee or the requirements of the case.
The rules cannot be written in a way that foresees every
						situation in which they should be applied. Therefore, the appointment of
						trained and competent persons, and the avoidance of factors unrelated to the
						merit of the appointments or the value of the work performed, are fundamental
						objectives that should guide all appointments made, and orders issued, pursuant
						to this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 36 - Appointments By The Court › Section 36.1 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) Except as set
					 forth in subdivision (b) of this section, this Part shall apply to the
					 following appointments made by any judge or justice of the Unified Court
					 System:
(1) guardians;
(2) guardians ad litem, including guardians
					 ad litem appointed to investigate and report to the court on particular issues,
					 and their counsel and assistants;
(3) attorneys for the child who are not paid
					 from public funds, in those judicial departments where their appointments are
					 authorized;
(4) court
					 evaluators;
(5) attorneys for
					 alleged incapacitated persons;
(6)
					 court examiners;
(7) supplemental
					 needs trustees;
(8)
					 receivers;
(9) referees (other than
					 special masters and those otherwise performing judicial functions in a
					 quasi-judicial capacity);
(10) the
					 following persons performing services for guardians or receivers:
(i) counsel;
(ii) accountants;
(iii) auctioneers;
(iv) appraisers;
(v) property managers; and
(vi) real estate brokers; and
(11) a public administrator within
					 the City of New York and for the Counties of Westchester, Onondaga, Erie,
					 Monroe, Suffolk and Nassau and counsel to the public administrator, except that
					 only sections
					 36.2(c)  and
					 36.4(f) of this
					 Part shall apply, and that section
					 36.2(c) of this
					 Part shall not apply to incumbents in these positions until one year after the
					 effective date of this paragraph.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 36 - Appointments By The Court › Section 36.2 - Appointments

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) Appointments by
					 the judge. All appointments of the persons set forth in section
					 36.1 of this Part, including those
					 persons set forth in section
					 36.1(a)(10) of
					 this Part who perform services for guardians or receivers, shall be made by the
					 judge authorized by law to make the appointment. In making appointments of
					 persons to perform services for guardians or receivers, the appointing judge
					 may consider the recommendation of the guardian or receiver.
(b) Use of lists.
(1) All appointments pursuant to this Part
					 shall be made by the appointing judge from the appropriate list of applicants
					 established by the Chief Administrator of the Courts pursuant to section
					 36.3 of this Part.
(2) An appointing judge may appoint a person
					 not on the appropriate list of applicants upon a finding of good cause, which
					 shall be set forth in writing and shall be filed with the fiduciary clerk at
					 the time of the making of the appointment. The appointing judge shall send a
					 copy of such writing to the Chief Administrator. A judge may not appoint a
					 person that has been removed from a list pursuant to section
					 36.3(e) of this
					 Part.
(3) Appointments made from
					 outside the lists shall remain subject to all of the requirements and
					 limitations set forth in this Part, except that the appointing judge may waive
					 any education and training requirements where completion of these requirements
					 would be impractical.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 36 - Appointments By The Court › Section 36.4 - Procedure after appointment

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Upon
					 appointment of a fiduciary pursuant to this Part, the Court shall forward a
					 copy of the appointment order to the designated fiduciary clerk within two (2)
					 business days.
(b) Notice of
					 appointment and certification of compliance.
(1) Every person appointed pursuant to this
					 Part shall file with the fiduciary clerk of the court from which the
					 appointment is made, within 30 days of the making of the appointment:
(i) a notice of appointment; and
(ii) a certification of compliance with this
					 Part, on such form as promulgated by the Chief Administrator. Copies of this
					 form shall be made available at the office of the fiduciary clerk and shall be
					 transmitted by that clerk to the appointee immediately after the making of the
					 appointment by the appointing judge. An appointee who accepts an appointment
					 without compensation need not complete the certification of compliance portion
					 of the form.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 36 - Appointments By The Court › Section 36.5 - Publication of appointments

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) All
					 forms filed pursuant to section
					 36.4 of this Part shall be public
					 records.
(b) The Chief
					 Administrator shall arrange for the periodic publication of the names of all
					 persons appointed by each appointing judge, and the compensation approved for
					 each appointee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 37 - Costs And Sanctions › Section 37.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The Chief Administrator of the Courts, with the advice and consent of the
					 Administrative Board of the Courts, shall adopt rules providing for costs and
					 sanctions as follows:
(1) in
					 civil actions and proceedings in any trial or appellate court in the Unified
					 Court System: providing for the award of costs, including reasonable attorney's
					 fees, or the imposition of financial sanctions, or both, for frivolous conduct
					 in litigation by any party or attorney; and
(2) in actions and proceedings in any
					 trial or appellate court in the Unified Court System: providing for the award
					 of costs, including reasonable attorney's fees, or the imposition of financial
					 sanctions, or both, upon an attorney, who, without good cause, fails to appear
					 at a time and date scheduled for an action or proceeding to be heard before a
					 designated court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 38 - Retention And Disposition Of The Records Of The Courts Of The Unified Court System › Section 38.1 - Rules of the Chief Administrator of the Courts

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) The Chief Administrator of the
					 Courts, upon consultation with the Administrative Board of the Courts, shall
					 adopt rules providing for the retention and disposition of the records of the
					 courts of the Unified Court System, including (1) schedules for retention of
					 each category of court record, (2) procedures for disposing of court records,
					 (3) procedures for micro-photography of court records, and (4) provisions to
					 ensure the confidentiality of court records sealed or otherwise made
					 confidential by law.
(b) Rules and schedules governing
					 retention and disposition of records of the Court of Appeals and the Appellate
					 Divisions shall be adopted with the approval of the Chief Judge of the Court of
					 Appeals and the Presiding Justices of the Appellate Divisions for the records
					 in their respective courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 39 - Prohibition Of Smoking In The Unified Court System › Section 39.1 - Prohibition of smoking in the United Court System

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Smoking is prohibited anywhere in any
						facility or other indoor area used by courts or agencies of the Unified Court
						System. This includes courtrooms, offices, cafeterias, lounges, restrooms,
						elevators, hallways and vehicles.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 40 - Financial Disclosure › Section 40.2 - Financial disclosure

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Filing procedure.
(1) Each State-paid judge or
					 justice, regardless of his or her annual rate of compensation; and each
					 nonjudicial officer and employee of the Unified Court System who:
(i) receives annual
					 compensation at or above the job rate of SG-24 as set forth in paragraph (4) of
					 subdivision (1) of section
					 130 of the
					 Civil Service Law as of April 1st of the year in which an annual financial
					 disclosure statement shall be filed and is not otherwise exempted from filing
					 pursuant to this Part; or
(ii) holds a policymaking position, as
					 determined in accordance with subdivision (b) of this section: shall file
					 annually with the Ethics Commission of the Unified Court System a financial
					 disclosure statement containing the information and in the form set forth in
					 the annual statement of financial disclosure adopted by the Chief Judge of the
					 State of New York. Such statement shall be filed on or before the 15th day of
					 May with respect to the preceding calendar year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 41 - Integrated Domestic Violence Parts Of Supreme Court › Section 41.1 - Integrated domestic violence parts of Supreme Court and domestic violence parts of Superior Courts

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Integrated domestic violence parts
					 of the Supreme Court and domestic violence parts of the Supreme or County Court
					 may be established in one or more counties by order of the Chief Administrator
					 of the Courts following consultation with and agreement of the presiding
					 justice of the Judicial Department in which the affected county or counties are
					 located. As provided by rule of the Chief Administrator promulgated pursuant to
					 subdivision (b) of this section:
(1) Integrated domestic violence parts
					 shall be devoted to the hearing and determination, in a single forum, of cases
					 that are simultaneously pending in the courts if one of them is a domestic
					 violence case in a criminal court and the other is a case in Supreme or Family
					 Court that involves a party or witness in the domestic violence case; or if one
					 is a case in criminal court, Family Court or Supreme Court and the other is a
					 case in any other of these courts having a common party or in which a
					 disposition may affect the interests of a party to the first case. The Chief
					 Administrator also may provide that, where cases are disposed of in an
					 integrated domestic violence part, subsequent cases that would have been
					 eligible for disposition in such part were they to have been pending
					 simultaneously with the cases already disposed of shall be eligible for
					 disposition therein. Where no domestic violence part has been established in
					 the county pursuant to rules of the Chief Administrator promulgated pursuant to
					 subdivision (b) of this section, the Chief Administrator may also provide that
					 domestic violence cases pending in a criminal court in the county shall be
					 eligible for disposition in the integrated domestic violence part if necessary
					 to best utilize available court and community resources for domestic violence
					 cases.
(2) Domestic
					 violence parts shall be devoted to the hearing and determination of domestic
					 violence cases pending in a criminal court in the county if necessary to best
					 utilize available court and community resources for domestic violence
					 cases.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 42 - Criminal Division Of Supreme Court In Bronx County › Section 42.1 - Criminal Division of the Supreme Court in Bronx County

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of this rule is
					 to promote the administration of justice in the criminal courts in Bronx County
					 by authorizing deployment of the judges of those courts in a manner that
					 assures that all present and future caseload demands in such county will be met
					 as expeditiously and effectively as possible.
(b) The Chief Administrator of the
					 Courts, following consultation with and agreement of the Presiding Justice of
					 the First Judicial Department, may by administrative order establish a Criminal
					 Division of the Supreme Court in Bronx County. As provided by rules of the
					 Chief Administrator promulgated pursuant to subdivision (c) of this section,
					 such criminal division, when established, shall be devoted to the hearing and
					 determination of criminal cases commenced in or transferred to the courts
					 sitting in Bronx County.
(c) The Chief Administrator shall
					 promulgate rules to regulate operation of the Criminal Division of Supreme
					 Court in Bronx County. Such rules may authorize the transfer to Supreme Court
					 in such county, for disposition in the criminal division thereof, of some or
					 all classes of cases pending in the Criminal Court of the City of New York in
					 Bronx County in which at least one felony or misdemeanor is charged
					 therein.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 43 - Superior Courts For Drug Treatment › Section 43.1 - Superior Courts for Drug Treatment

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) A Superior Court for Drug Treatment
					 may be established in Supreme Court or county court in any county by order of
					 the Chief Administrator of the Courts following consultation with and agreement
					 of the Presiding Justice of the Judicial Department in which such county is
					 located. A Superior Court for Drug Treatment shall have as its purpose the
					 hearing and determination of criminal cases in the courts of the county that
					 are appropriate for disposition by a drug treatment court.
(b) The Chief Administrator,
					 upon consultation with the Administrative Board of the Courts, shall promulgate
					 such rules as are necessary to regulate operation of each Superior Court for
					 Drug Treatment, and to permit transfer to the court, for disposition, of drug
					 cases that are pending in another court in the same county.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 44 - Court Appointed Special Advocates Programs › Section 44.0 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
Recognizing the vital role that a Court
						Appointed Special Advocates program ("CASA program") can perform in aiding
						Family Court efforts to further the health, safety and well-being of children,
						and the need to insure that each such program has adequate resources, this rule
						is promulgated to standardize use of CASA programs in the courts of this State
						and to establish a program of State assistance under the direction of the Chief
						Administrator of the Courts. For purposes of this rule, a CASA program shall
						mean a not-for-profit corporation affiliated with, and in compliance with, the
						standards set forth by the National and New York State Court Appointed Special
						Advocates Associations.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 44 - Court Appointed Special Advocates Programs › Section 44.1 - Use of CASA programs

Current through Register Vol. 46, No. 28,
					 July 10, 2024
A CASA program may be appointed by Family
						Court in its discretion to provide assistance to the court in cases regarding
						children in or at risk of out-of-home placement. The CASA program is not a
						party to the proceeding. To be eligible for such appointment, a program must
						meet regulations promulgated by the Chief Administrator of the Courts. Such
						regulations shall insure that each CASA program is capable of regularly
						providing thorough information about the health, safety, well-being and
						permanency plans of children and their families to the court, the parties and
						law guardian; monitoring Family Court orders; meeting with children in the
						presence of, or with the consent of, their law guardians or as directed by the
						Family Court; working with legal and service providers assigned to their cases
						to facilitate collaborative solutions; and helping to promptly secure safe,
						stable homes and nurturing families for children so that they may
						thrive.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 44 - Court Appointed Special Advocates Programs › Section 44.2 - State assistance

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The Chief Administrator of the Courts may
						by rule establish a program for the provision of grants of State assistance to
						individual CASA programs within appropriations annually made available to the
						Judiciary.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 45 - Integrated Youth Court In Westchester County › Section 45.1 - Integrated Youth Court in Westchester County

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) The purpose of this rule is to
					 promote the administration of justice in the courts of Westchester County and
					 for minors who simultaneously are defendants in criminal cases and respondents
					 in Family Court cases in such county.
(b) The Chief Administrator of the
					 Courts, following consultation with and agreement of the Presiding Justice of
					 the Second Judicial Department, may by administrative order establish an
					 Integrated Youth Court in Westchester County to operate as a multi-court part
					 of the County Court and the Family Court in such county. As provided by rules
					 of the Chief Administrator promulgated pursuant to subdivision (c) of this
					 section, such Integrated Youth Court, when established, shall be devoted to the
					 hearing and determination, in a single forum, of cases simultaneously pending
					 in such courts where:
(1) at
					 least one such case is in a criminal court and at least one such case is in the
					 Family Court;
(2) a
					 defendant in each such case in a criminal court also is a respondent in each
					 such case in the Family Court; and
(3) such defendant is less than 21 years
					 of age at the time of the alleged commission of an offense prosecuted in such
					 case in the criminal court. The Chief Administrator also may provide that a
					 civil action pending in a City Court, Town Court or Village Court in
					 Westchester County, or in the County Court thereof, shall be eligible for
					 disposition in the Integrated Youth Court where such action arises out of
					 substantially the same facts as underlie cases then pending in such court and a
					 defendant in such action is a party to those pending cases. The Chief
					 Administrator also may provide that, where cases are disposed of in the
					 Integrated Youth Court, subsequent cases that would have been eligible for
					 disposition therein were they to have been pending simultaneously with the
					 cases already disposed of shall be eligible for disposition therein.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 46 - Superior Court Sex Offense Parts › Section 46.1 - Superior Court sex offense parts

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Sex offense parts may be established
					 in Supreme Court or County Court in any county by order of the Chief
					 Administrator of the Courts following consultation with and agreement of the
					 presiding justice of the Judicial Department in which such county is located.
					 Sex offense parts shall be devoted to the hearing and determination of criminal
					 cases arising in the courts of the county that charge defendant (1) with the
					 commission of one or more offenses for which registration as a sex offender is
					 required or (2) with the commission of 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.
(b) The Chief Administrator, upon
					 consultation with the Administrative Board of the Courts, shall promulgate
					 rules to regulate operation of sex offense parts and to permit a justice of the
					 Supreme Court or a judge of the County Court to transfer to such court, for
					 disposition in a sex offense part, any eligible case pending in another court
					 in the same county.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 47 - Mental Health Parts › Section 47.1 - Mental health parts

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) The Chief Administrator of the
					 Courts, following consultation with and agreement of the presiding justice of
					 the appropriate Appellate Division, may establish Superior Court mental health
					 parts in Supreme Court or County Court in any county. A Superior Court mental
					 health part shall have as its purpose the hearing and determination of criminal
					 actions or proceedings in the county that are appropriate for disposition by a
					 mental health part.
(b) The Chief Administrator of the
					 Courts, following consultation with and agreement of the presiding justice of
					 the appropriate Appellate Division, may establish Local Court mental health
					 parts in a City or District Court or a Town or Village Justice Court in any
					 county. A Local Court mental health part shall have as its purpose the hearing
					 and determination of criminal actions or proceedings in the courts of the
					 county that are appropriate for disposition by a mental health part.
(c) The Chief Administrator,
					 upon consultation with the Administrative Board of the Courts, shall promulgate
					 rules to regulate operation of mental heath parts and to authorize transfer to
					 the parts, for disposition, of any eligible actions or proceedings pending in
					 another court in the same county.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 49 - Superior Court Adolescent Diversion Parts › Section 49.1 - Superior Court adolescent diversion parts

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) The purpose of this rule is to
					 promote the administration of justice for 16- and 17-year-old defendants in
					 criminal cases by providing a criminal justice response that includes
					 age-appropriate services, interventions, and penalties.
(b) The Chief Administrator of
					 the Courts, following consultation with and agreement of the Presiding Justice
					 of the appropriate Appellate Division, may establish adolescent diversion parts
					 in Supreme Court or County Court in the Counties of Bronx, Kings, New York,
					 Queens, Richmond, Nassau, Westchester, Onondaga, and Erie. Adolescent diversion
					 parts shall be devoted to the hearing and determination of actions and
					 proceedings pending in criminal courts in the county where the defendant was 16
					 or 17 years of age at the time of the alleged commission of an offense being
					 prosecuted, and where the action or proceeding is appropriate for disposition
					 in such parts.
(c)
					 The Chief Administrator, upon consultation with the Administrative Board of the
					 Courts, shall promulgate rules to regulate operation of adolescent diversion
					 parts and to authorize transfer to the parts, for disposition, of any eligible
					 actions or proceedings pending in another court in the same county.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 50 - Rules Governing Conduct Of Nonjudicial Court Employees › Section 50.1 - Code of Ethics for Non-judicial Employees of the Unified Court System

Current through Register Vol. 46, No. 28, July 10,
					 2024
PREAMBLE: A fair and independent court
						system is essential to the administration of justice. Court employees must
						observe and maintain high standards of ethical conduct in the performance of
						their duties in order to inspire public confidence and trust in the fairness
						and independence of the courts. This code of ethics sets forth basic principles
						of ethical conduct that court employees must observe, in addition to laws,
						rules and directives governing specific conducts, so that the court system can
						fulfill its role as a provider of effective and impartial justice.
(I.) Court employees shall
					 avoid impropriety and the appearance of impropriety in all their activities.
(A.) Court employees shall
					 respect and comply with the law.
(B.) Court employees shall not use or
					 attempt to use their positions or the prestige of judicial affiliation to
					 secure privileges or exemptions for themselves or others.
(C.) Court employees shall not
					 solicit, accept or agree to accept any gifts or gratuities from attorneys or
					 other persons having or likely to have any official transaction with the court
					 system.
(D.) Court
					 employees shall not request or accept any payment in addition to their regular
					 compensation for assistance given as part of their official duties, except as
					 provided by law.
(E.)
					 Court employees shall not perform any function in a manner that improperly
					 favors any litigant or attorney.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 50 - Rules Governing Conduct Of Nonjudicial Court Employees › Section 50.2 - Rules governing conduct for nonjudicial court employees not contained in this Part

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Appointments by the Court. Court
					 employees may not be appointed as guardians, guardians ad litem, court
					 evaluators, attorneys for alleged incapacitated persons, receivers, referees
					 (to sell real property) or persons designated to perform services for any of
					 these, as provided in section
					 36.2(c)(3) of the
					 Rules of the Chief Judge (22 NYCRR 36.2[c][3].
(b) Financial disclosure. Court
					 employees who are required to file financial disclosure statements in
					 accordance with section
					 40.2 of the Rules of the Chief
					 Judge [22 NYCRR 40.2] must comply with the requirements of that
					 section.
(c)
					 Political activity of personal appointees of judges. Court employees who are
					 personal appointees of judges on the judges' staffs may not engage in political
					 activities as set forth in section
					 100.5(C) of the
					 Chief Administrator's Rules Governing Judicial Conduct (22 NYCRR
					 100.5[C]).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 50 - Rules Governing Conduct Of Nonjudicial Court Employees › Section 50.3 - Dual employment in the court service

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) No employee regularly employed in a
					 position in the classified service in the Unified Court System shall, while
					 continuing to hold such position, accept appointment or employment in any other
					 position or title, or in any capacity whatsoever, on a full-time or part-time
					 basis, either in the classified or unclassified service, in another department
					 or agency of the State or a political subdivision, or in the Legislature or the
					 Judiciary, for which employment compensation or salary is payable, without the
					 previous consent in writing of his or her appointing authority, except that
					 such consent shall be subject to approval by the Chief Administrator of the
					 Courts for employees of courts other than the appellate courts. Such written
					 consent shall be required, in each case, for each such additional appointment
					 or employment accepted or undertaken by such employee.
(b) A willful violation of the
					 provisions of this section shall be deemed sufficient cause for disciplinary
					 action, including removal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 50 - Rules Governing Conduct Of Nonjudicial Court Employees › Section 50.5 - Prohibition against certain political activities; improper influence

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Recommendations based on political affiliations. No recommendation or question
					 under the authority of this Part shall relate to the political opinions or
					 affiliations of any person whatever; and no appointment or selection to or
					 removal from an office or employment within the scope of this Part shall be in
					 any manner affected or influenced by such opinions or affiliations. No person
					 in the Unified Court System is for that reason under any obligation to
					 contribute to any political fund or to render any political service, and no
					 person shall be removed or otherwise prejudiced for refusing so to do. No
					 person in the Unified Court System shall discharge or promote or reduce, or in
					 any manner change the official rank or compensation of any other person in the
					 Unified Court System, or promise or threaten so to do, for giving or
					 withholding or neglecting to make any contribution of money or service or any
					 other valuable thing for any political purpose. No person in the Unified Court
					 System shall use his or her official authority or influence to coerce the
					 political action of any person or body or to interfere with any
					 election.
(b) Inquiry
					 concerning political affiliations.
(1) No person shall directly or
					 indirectly ask, indicate or transmit orally or in writing the political
					 affiliations of any employee in the Unified Court System or of any person
					 dependent upon or related to such an employee, as a test of fitness for holding
					 office. A violation of this subdivision shall be subject to the provisions of
					 subdivision 2 of section
					 107 of the
					 Civil Service Law. Nothing herein contained shall be construed to prevent or
					 prohibit inquiry concerning the activities, affiliation or membership of any
					 applicant or employee in any group or organization which advocates that the
					 government of the United States or of any state or of any political subdivision
					 thereof should be overturned by force, violence or any unlawful
					 means.
(2) No
					 question in any examination or application or other proceeding pursuant to this
					 Part shall be so framed as to elicit information concerning, nor shall any
					 other attempt be made to ascertain, the political opinions or affiliations of
					 any applicant, competitor or eligible, and all disclosures thereof shall be
					 disregarded. No discrimination shall be exercised, threatened or promised
					 against or in favor of any applicant, competitor or eligible because of his or
					 her political opinions or affiliations.