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- Rules Of The Chief Administrator Of The Courts › Part 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.4 - Quorum (Repealed)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- Rules Of The Chief Administrator Of The Courts › Part 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.5 - Evaluation of candidates (Repealed)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- Rules Of The Chief Administrator Of The Courts › Part 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.6 - Procedures (Repealed)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- Rules Of The Chief Administrator Of The Courts › Part 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.7 - Compensation (Repealed)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- Rules Of The Chief Administrator Of The Courts › Part 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.8 - Confidentiality (Repealed)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- Rules Of The Chief Administrator Of The Courts › Part 150 - Independent Judicial Election Qualification Commissions (Repealed) › Section 150.9 - Conflicts of interest (Repealed)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 150.10 - Appendix A (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 151 - Rules Governing The Assignment Of Cases Involving Contributors To Judicial Campaigns › Section 151.1 - Assignments in cases involving contributions to judicial campaigns

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
(1) No matter shall be
					 assigned to a judge, other than in an emergency, or as dictated by the rule of
					 necessity, or when the interests of justice otherwise require, if such
					 assignment would give rise to a campaign contribution conflict as defined in
					 subdivision (b) of this section.
(2) An assignment in derogation of this
					 Part, due to administrative error or oversight, shall not:
(i) diminish the authority of
					 the assigned judge;
(ii) give rise to any right, claim or
					 cause of action;
(iii) impose any additional ethical
					 obligation upon the assigned judge; or
(iv) diminish the assigned judge's
					 obligation to consider recusal in light of campaign contributions.
(3) Nothing in this
					 Part shall abridge the right of a party to move for recusal of an assigned
					 judge at any time, or limit the arguments or evidence that may be marshaled for
					 or against such recusal motion (see, e.g., paragraphs [c][1] and subdivision
					 [d] of this section).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 152 - Mental Health Parts › Section 152.1 - Establishment of mental health courts

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Following consultation with and
					 agreement of the presiding justice of the appropriate Appellate Division, the
					 Chief Administrator of the Courts may establish mental health parts in Supreme
					 Court or County Court ("Superior Court mental health parts") in any county and
					 assign one or more justices or judges to preside therein. Each Superior Court
					 mental health part shall have as its purpose the hearing and determination of:
(1) criminal cases that are
					 commenced in the Superior Court and that are identified by the court as
					 appropriate for disposition by a Superior Court mental health part;
					 and
(2) criminal
					 cases that are commenced in other courts of the county, and that are identified
					 as appropriate for disposition by a Superior Court mental health part and
					 transferred to that part as provided for in section
					 152.2 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 152 - Mental Health Parts › Section 152.2 - Transfer of actions or proceedings to Superior Court mental health parts

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Transfer of actions or proceedings pending in local criminal courts to a
					 Superior Court mental health part.
(1) A local criminal court in a county
					 in which a Superior Court mental health part has been established 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 mental health part:
(i) upon or after arraignment of the
					 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 the 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 152 - Mental Health Parts › Section 152.3 - Transfer of actions or proceedings to local court mental health parts

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 A local criminal court in a county in which a local court mental health part
					 has been established 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 therein
					 to be sent to the local court mental health part:
(1) upon or after arraignment of
					 defendant on a local criminal court accusatory instrument by which such action
					 or proceeding was commenced; or
(2) 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 152 - Mental Health Parts › Section 152.4 - Procedure in a Superior Court mental health part or local court mental health part upon transfer of actions or proceedings thereto

Current
					 through Register Vol. 46, No. 28, July 10, 2024
Each action or proceeding transferred to a
						Superior Court and referred for disposition to a Superior Court mental health
						part thereof and each action transferred to a local court and referred for
						disposition in a local court mental health 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 154 - Requests for Exemption From Public Disclosure of Client Information Under Public Officers Law Section 73-a › Section 154.1 - Preamble

Current through Register Vol. 46, No. 28, July
					 10, 2024
The purpose of this Part is to implement
						the legislative direction in Part CC of Chapter 56 of the Laws of 2015 that the
						Office of Court Administration receive and determine requests for exemption
						from the duty to publicly disclose client information pursuant to certain
						questions on the financial disclosure statement that must be filed by
						legislators and other State employees in accordance with section
						73-a of
						the Public Officers Law. To ensure the fullest compliance with this legislative
						direction, the rules in this Part have incorporated express language in the
						relevant statutory provisions in Part CC. Where, however, Part CC does not
						provide all necessary procedural specifics, these rules include additional
						procedures that harmonize with the overall legislative intent so far as it is
						apparent in the statutory text.
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 154 - Requests for Exemption From Public Disclosure of Client Information Under Public Officers Law Section 73-a › Section 154.2 - Definitions

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Applicant shall mean a covered
					 person seeking an exemption pursuant to this Part.
(b) Client information shall
					 mean the identity of a person or entity required to be publicly disclosed
					 pursuant to questions 8(b-1), 8(b-2) or 8(c) of the financial disclosure
					 statement.
(c)
					 Commission shall mean the New York State Joint Commission on Public
					 Ethics.
(d) Covered
					 person shall mean any individual who is required to file a financial disclosure
					 statement pursuant to section
					 73-a of
					 the Public Officers Law and is required to disclose client information pursuant
					 to questions 8(b-1), 8(b-2) or 8(c) of the financial disclosure
					 statement.
(e)
					 Exemption shall mean a waiver from the duty to publicly disclose client
					 information pursuant to questions 8(b-1), 8(b-2) or 8(c) of the financial
					 disclosure statement.
(f) Financial disclosure statement
					 shall mean the annual statement that must be filed pursuant to section
					 73-a of
					 the Public Officers Law.
(g) Ministerial matter shall mean an
					 administrative act carried out in a prescribed manner not allowing for
					 substantial personal discretion.
(h) OCA shall mean the Office of Court
					 Administration.
(i)
					 State agency shall mean any state department, or division, board, commission,
					 or bureau of any state department, any public benefit corporation, public
					 authority or commission at least one of whose members is appointed by the
					 Governor. State agency shall also include the State University of New York or
					 the City University of New York, including all their constituent units except
					 (1) community colleges of the State University of New York, and (2) the
					 independent institutions operating statutory or contract colleges on behalf of
					 the state.
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 154 - Requests for Exemption From Public Disclosure of Client Information Under Public Officers Law Section 73-a › Section 154.3 - Exemption Request Procedure

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) A covered person may apply to OCA
					 for an exemption from the requirement to disclose client information by filing
					 an application ("exemption request"), on a form promulgated by OCA, no later
					 than thirty days prior to the deadline by which such covered person must file a
					 financial disclosure statement pursuant to Public Officers Law § 73-a(2)
					 that otherwise must disclose such client information. Applications may be filed
					 in advance of the applicant's commencement of work on the client matter. An
					 applicant may not file an exemption request with OCA for a client matter which
					 the applicant has previously addressed in an exemption application filed with
					 the Commission.
(b)
					 The exemption request shall be made in writing, signed by the applicant, and
					 filed electronically in a manner specified by OCA.
(c) The applicant shall state
					 the following in the exemption request, as required by statute:
"My client is not currently receiving my
						services or seeking my services in connection with:
(1) a proposed bill or
					 resolution in the Senate or Assembly during the reporting period;
(2) a contract in an amount
					 totaling $10,000 or more from the state or any state agency for services,
					 materials or property;
(3) a grant of $10,000 or more from the
					 state or any state agency during the reporting period;
(4) a grant obtained through a
					 legislative initiative during the reporting period; or
(5) a case, proceeding,
					 application or other matter that is not a ministerial matter before a state
					 agency during the reporting period."
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 154 - Requests for Exemption From Public Disclosure of Client Information Under Public Officers Law Section 73-a › Section 154.4 - Action by OCA

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Upon receipt of an exemption
					 request pursuant to section
					 154.3 of this Part, OCA shall
					 review the material filed to determine whether the exemption request shall be
					 granted. The factors OCA shall consider in determining an exemption request
					 shall include, but not be limited to, the following statutory factors:
(1) the nature and the size of
					 the client;
(2)
					 whether the client has any business before the state; and, if so, how
					 significant the business is; and whether the client has any particularized
					 interest in pending legislation and if so how significant the interest
					 is;
(3) whether
					 disclosure may reveal trade secrets;
(4) whether disclosure could reasonably
					 result in retaliation against the client;
(5) whether disclosure may cause undue
					 harm to the client;
(6) whether disclosure may result in
					 undue harm to the attorney-client relationship; and
(7) whether disclosure may
					 result in an unnecessary invasion of privacy to the client.
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 154 - Requests for Exemption From Public Disclosure of Client Information Under Public Officers Law Section 73-a › Section 154.5 - Confidentiality

Current through Register Vol. 46, No. 28, July
					 10, 2024
OCA shall keep confidential all
						information submitted to it which is subject of or part of an exemption request
						pursuant to this Part, and shall release such information only upon
						authorization of a court of competent jurisdiction.
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 154 - Requests for Exemption From Public Disclosure of Client Information Under Public Officers Law Section 73-a › Section 154.6 - Initial Public Offerings

Current through Register Vol. 46, No. 28, July
					 10, 2024
When a covered person, or his or her firm,
						has provided legal representation to a client with respect to an initial public
						offering, and federal law or regulations restrict the disclosure of information
						relating to such work, the covered person shall deliver electronically, in a
						manner set forth by OCA, a signed written statement, disclosing the identity of
						the client and the services relating to the initial public
						offering.
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 160 - Alternative Dispute Resolution in the Trail Courts › Section 160.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
As used in this Part, the following terms shall have the
						indicated meanings:
(a) "Alternative
					 dispute resolution" or "ADR" shall refer to any one of a variety of processes
					 designed to help parties resolve civil disputes alongside or apart from
					 litigation. These processes include, but are not limited to, mediation, neutral
					 evaluation, and other dispute resolution processes offered by community dispute
					 resolution centers.
(b) "Civil
					 dispute" shall refer to any civil action or proceeding commenced in a court of
					 the Unified Court System ("UCS").
(c) "Community dispute resolution center"
					 shall refer to a not-for-profit organization that is a center within the
					 meaning of subdivision one of section
					 849-a of the
					 Judiciary Law and that receives funding from the UCS pursuant to Article 21-A
					 of such Law.
(d) "Court ADR program
					 administrative personnel" shall refer to a local ADR coordinator or other
					 nonjudicial court staff who administers an ADR program.
(e) "Mediation" shall refer to an ADR process
					 in which a neutral third party (referred to as a mediator) helps parties
					 communicate, identify issues, clarify perceptions, and explore options for a
					 mutually acceptable outcome.
(f)
					 "Mediation-trained court staff" shall refer to employees of the UCS who have
					 completed the training required of a mediator pursuant to subdivision (b) of
					 section 146.4 of the Rules of the Chief
					 Administrator of the Courts (22 NYCRR §
											146.4(b)), or its
					 equivalent as approved by the administrative judge of the judicial district in
					 which they serve in consultation with the Statewide ADR Office of the UCS, and
					 who provide mediation services in disputes referred to an ADR process in
					 accordance with this Part.
(g)
					 "Neutral evaluation" shall refer to a non-binding process in which a neutral
					 third party (referred to as a neutral evaluator) with expertise in the subject
					 matter relating to the civil dispute referred to such process provides an
					 assessment of likely court outcomes of that dispute or an issue to help the
					 parties to such dispute reach a settlement.
(h) "Roster mediator" shall refer to a
					 mediator who has been appointed to a roster of mediators compiled pursuant to
					 section 146.3 of the Rules of the Chief
					 Administrator of the Courts (22 NYCRR §
											146.3).
(i) "Roster neutral evaluator" shall refer to
					 a neutral evaluator who has been appointed to a roster of neutral evaluators
					 compiled pursuant to section
					 146.3 of the Rules of the Chief
					 Administrator of the Courts (22 NYCRR §
											146.3).
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 160 - Alternative Dispute Resolution in the Trail Courts › Section 160.4 - Immunity for Neutral Third Parties

Current through Register Vol.
					 46, No. 28, July 10, 2024
Neutral third parties conducting an ADR process to which
						a dispute has been referred pursuant to this Part shall have such immunity from
						liability as may be provided by 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 160 - Alternative Dispute Resolution in the Trail Courts › Section 160.5 - Local ADR Rules

Current through Register Vol. 46, No. 28, July
					 10, 2024
Following consultation with local bar associations and,
						as appropriate, with others, including but not limited to the Chief Judge's
						Advisory Committee on ADR, the UCS Commercial Division Advisory Council, and
						the Office of Court Administration Office of ADR, and with the approval of the
						appropriate Deputy Chief Administrative Judge, each District Administrative
						Judge shall develop local rules for the implementation of this Part in the
						courts of the Judicial District over which such District Administrative Judge
						exercises jurisdiction. These local rules may include a proposal for such local
						rules of court as may be necessary for their implementation.
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 160 - Alternative Dispute Resolution in the Trail Courts › Section 160.6 - Settlement Conferences

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Nothing in this Part shall prohibit or otherwise limit
						use of settlement conferences by the courts to resolve civil
						disputes.
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 160 - Alternative Dispute Resolution in the Trail Courts › Section 160.7 - Effect of Rules

Current through Register Vol. 46, No. 28, July
					 10, 2024
The rules set forth in this Part shall not supersede any
						existing rule or order of the Chief Judge of the State or of the Chief
						Administrative Judge, or any provision of statute, including but not limited to
						section 4547 of the CPLR and Article 21-A of the Judiciary
						Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.1 - Application; definitions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The rules of this Part shall govern
					 procedures in each criminal court of the State.
(b) For purposes of this Part:
(1) Chief Administrator of the
					 Courts shall include the designee of the Chief Administrator.
(2) Clerk as used in this Part
					 shall mean the chief clerk or the appropriate clerk of the trial court, unless
					 the context otherwise requires.
(3) Other words or expressions used in
					 this Part shall have the same meanings as they have under provisions of the
					 Criminal Procedure Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.2 - Terms and parts of court

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Terms of court. A term of court is a
					 four-week session of court, and there shall be 13 terms of court in a year,
					 unless otherwise provided in the annual schedule of terms established by the
					 Chief Administrator of the Courts, which also shall specify the dates of such
					 terms.
(b) Parts of
					 court. A part of court is a designated unit of the court in which specified
					 business of the court is to be conducted by a judge or quasi-judicial officer.
					 There shall be such parts of court as may be authorized to be established from
					 time to time by the Chief Administrator of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.3 - Papers filed in a criminal court; form

Current through Register Vol. 46,
					 No. 28, July 10, 2024
In addition to complying with the applicable
						provisions of CPLR 2101, every paper filed in court, other than an exhibit or
						printed form, shall contain writing on one side only, and if typewritten, shall
						have at least double space between each line, except for quotations and the
						names and addresses of attorneys appearing in the action, and shall have at
						least one-inch margins.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.4 - Submission of papers to judge of a criminal court

Current through
					 Register Vol. 46, No. 28, July 10, 2024
All papers for signature or consideration of
						the court shall be presented to the clerk of the trial court in the appropriate
						courtroom or clerk's office, except that where the clerk is unavailable or the
						judge so directs, papers may be submitted to the judge and a copy filed with
						the clerk at the first available opportunity. Where a court does not employ a
						clerk for at least part of every business day and where the clerk is
						unavailable on the day when it is necessary to submit papers timely, papers may
						be submitted by regular mail accompanied by an affidavit of service, or by
						facsimile or electronic mail and a copy filed with the clerk at the first
						available opportunity, and will be considered filed upon the date of mailing or
						when the papers are successfully delivered by facsimile or email. All papers
						for any judge that are filed in the clerk's office shall be promptly delivered
						to the judge by the clerk. The papers shall be clearly addressed to the judge
						for whom they are intended and prominently show the nature of the papers, the
						title and the identification number of the accusatory instrument or instruments
						by which defendant is charged, the name of the assigned judge, if any, the name
						of the attorney or party submitting them and the return date of any motion to
						which the papers refer.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.5 - Appearance of counsel in criminal actions

Current through Register
					 Vol. 46, No. 28, July 10, 2024
Each attorney appearing in a criminal action
						is required to file a written notice of appearance on or before the time of the
						attorney's first appearance in court or not later than 10 days after
						appointment or retainer, whichever is sooner. The notice shall contain the
						attorney's name, office address and telephone number, the name of the person on
						whose behalf he or she is appearing, and the identification number of the
						accusatory instrument or instruments by which such person is
						charged.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.6 - Engagement of counsel

Current through Register Vol. 46, No. 28, July
					 10, 2024
No adjournment shall be granted on the
						ground of engagement of counsel except in accordance with Part 125 of the Rules
						of the Chief Administrator of the Courts (22 NYCRR Part 125).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.7 - Authorization to administer oaths

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) All court clerks employed in court
					 parts devoted in whole or in part to the disposition of criminal actions, and
					 such other employees as the judge presiding therein may designate in accordance
					 with section
					 105
					 of the Uniform District Court Act, section
					 105 of
					 the Uniform City Court Act, section
					 109
					 of the Uniform Justice Court Act and section
					 23
					 (1) of the New York City Criminal Court Act,
					 are authorized to administer oaths, take acknowledgments and sign the process
					 of the court under the seal thereof.
(b) Copies of written authorizations to
					 administer oaths required by section
					 58 of the New York City Criminal Court Act to
					 be filed with the New York City Criminal Court are to be filed with the chief
					 clerk thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.8 - Official forms

Current through Register Vol. 46, No. 28, July
					 10, 2024
The forms set forth in Chapter VI of
						Subtitle D of this Title, designated "Forms for use in courts exercising
						criminal jurisdiction," shall be the official forms of those courts and shall,
						in substantially the same form as set forth, be uniformly used throughout the
						State.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to All Courts › Section 200.9 - Certificate of relief from disabilities; notification of eligibility

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) In
					 all criminal causes, whenever a pre-sentence probation report is submitted to
					 the court, such report shall contain information bearing upon the eligibility
					 of the defendant to obtain a certificate of relief from forfeitures and
					 disabilities under article 23 of the Correction Law and shall further contain a
					 recommendation as to the appropriateness of granting such discretionary relief
					 at the time sentence is pronounced. Whenever a defendant has been sentenced to
					 a period of probation, and has not received such discretionary relief, and if
					 such defendant is apparently eligible for consideration of such discretionary
					 relief, the probation officer supervising such defendant, prior to the
					 termination of the probation period, shall inform the defendant, of his right
					 to make application to the court for a certificate of relief from disabilities,
					 and shall provide such defendant with the required forms in order to enable him
					 or her to make application to the court if he or she should wish to do
					 so.
(b) In all
					 criminal causes, whenever a defendant who is eligible to receive a certificate
					 of relief from disabilities under article 23 of the Correction Law is
					 sentenced, the court, in pronouncing sentence, unless it grants such
					 certificate at that time, shall advise the defendant of his or her eligibility
					 to make application at a later time for such relief.
(c) Failure to comply with the
					 requirements of subdivision (a) or (b) of this section shall not affect the
					 validity of any sentence.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Superior Courts › Section 200.10 - Applicability of sections 200.10-200.14

Current through Register Vol.
					 46, No. 28, July 10, 2024
The rules of these sections shall be
						applicable to each superior court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Superior Courts › Section 200.11 - Assignment of criminal actions

Current through Register Vol. 46, No.
					 28, July 10, 2024
Criminal actions shall be assigned as
						follows:
(a) General.
					 Except as the Chief Administrator of the Courts may otherwise provide, all
					 criminal actions in Supreme Court and in County Court shall be heard and
					 disposed of in accordance with an individual assignment system.
(b) Arraignment-conference part.
					 The Chief Administrator of the Courts may authorize the establishment of an
					 arraignment-conference part for any superior court. Where an
					 arraignment-conference part has been established, upon commencement of a
					 criminal action in the superior court, the action shall be assigned to such
					 part. The judge presiding therein shall arraign the defendant and hear and
					 determine any bail application. If no plea of guilty is entered within 14
					 calendar days of the defendant's arraignment, or if the judge presiding
					 determines that it is unlikely that a plea of guilty will be entered, the
					 action shall be assigned to a judge as provided in subdivision (c) of this
					 section. If a plea of guilty is entered within such time period, the action
					 shall remain in the arraignment-conference part for sentencing and any further
					 proceedings therein.
(c) Assignment of actions to individual
					 assignment judges. Except as provided in subdivision (b) of this section, upon
					 commencement of a criminal action in the superior court, the action shall be
					 assigned to a judge by the clerk of the court in which it is pending pursuant
					 to a method of random selection authorized by the Chief Administrator. The
					 judge thereby assigned shall be known as the "assigned judge" with respect to
					 such action and, except as otherwise provided in subdivision (d) of this
					 section, shall conduct all further proceedings therein.
(d) Exceptions.
(1) Where the requirements of
					 matters already assigned to a judge are such as to limit the ability of that
					 judge to handle additional cases, the Chief Administrator may authorize that
					 new assignments to that judge be suspended until the judge is able to handle
					 additional cases.
(2)
					 The Chief Administrator may authorize the assignment of one or more special
					 reserve trial judges. Such judges may be assigned matters for trial in
					 exceptional circumstances where the needs of the courts require such
					 assignment.
(3)
					 Matters requiring immediate disposition may be assigned to a judge designated
					 to hear such matters when the assigned judge is not available.
(4) The Chief Administrator may
					 authorize the transfer of any action and any matter relating to an action from
					 one judge to another in accordance with the needs of the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Superior Courts › Section 200.12 - Preliminary conference

Current through Register Vol. 46, No. 28,
					 July 10, 2024
As soon as practicable after the assignment
						of an action to an individual assignment judge, the assigned judge shall
						conduct a preliminary conference. The matters to be considered at such
						conference shall include establishment of a timetable for completion of
						discovery and filing and hearing of motions, fixing a date for commencement of
						trial, and consideration of any other matters that the court may deem relevant.
						At the conclusion of the conference, the directions by the court to the parties
						and any stipulations by counsel shall be placed on the record or incorporated
						in a written court order. In the discretion of the court, failure of a party to
						comply with these directions shall result in the imposition of such sanctions
						as are authorized by law. The court may direct the holding of additional
						preliminary conferences as may be needed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Superior Courts › Section 200.13 - Impaneling of grand juries

Current through Register Vol. 46, No. 28,
					 July 10, 2024
There shall be a grand jury drawn and
						impaneled for such terms of a superior court as may be provided on the annual
						schedule of terms established by the Chief Administrator of the Courts.
						Whenever the public interest requires, additional grand juries may be drawn and
						impaneled as authorized by the Chief Administrator.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Superior Courts › Section 200.14 - Transfer of indictments between superior courts

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Upon authorization by the Chief
						Administrator:
(a) An
					 indictment pending in the Supreme Court at a term held in a county outside the
					 City of New York may, prior to entry of a plea of guilty thereto or
					 commencement of a trial thereof, be removed to the County Court of such
					 county.
(b) An
					 indictment pending in a County Court may similarly be removed to the Supreme
					 Court at a term held or to be held in the same county.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Superior Courts › Section 200.15 - Appointment of a special district attorney

Current through Register
					 Vol. 46, No. 28, July 10, 2024
Any party filing with a superior court an application for
						appointment of a special district attorney, pursuant to section
						701 of the County
						Law, shall make the application to the Chief Administrator of the Courts or to
						an appropriate Deputy Chief Administrative Judge. The Chief Administrator,
						Deputy Chief Administrative Judge, or appropriate Administrative Judge shall
						assign a superior court judge to consider the application as provided by law,
						selected from a list of judges established for that purpose that has been
						approved by the Chief Administrator and the Presiding Justice of the
						appropriate Appellate Division.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Superior Courts › Section 200.16 - Issuance of order confirming disclosure and notice obligations

Current through Register Vol. 46, No. 28, July 10,
					 2024
In all criminal actions on an indictment, prosecutor's
						information, information, or simplified information, the court shall issue an
						order to prosecution and defense counsel that,
inter alia
, (1)
						confirms the prosecutor's disclosure obligations pursuant to
Brady v.
						Maryland
, 373 U.S. 83 (1963),
Giglio v. United
						States
, 405 U.S. 150 (1972),
People v Geaslen
, 54
						N.Y.2d 510 (1981), and their progeny; and (2) confirms defense counsel's
						professional obligation to provide effective assistance of counsel and meet
						defendant's statutory notice obligations. The order shall be issued on the
						first scheduled court date, following arraignment, where both the prosecutor
						and defense counsel are present. The Chief Administrator of the Courts shall
						promulgate a model order for this purpose that the court may use as it deems
						appropriate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Local Criminal Courts › Section 200.20 - Applicability of sections 200.20-200.22

Current through Register Vol.
					 46, No. 28, July 10, 2024
The rules of these sections shall be
						applicable to each local criminal court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Local Criminal Courts › Section 200.21 - Procedure in local criminal courts; local court rules

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Procedure in each local criminal court shall
						be as provided by the Criminal Procedure Law and such local court rules as may
						be adopted in compliance with Part 9 of the Rules of the Chief Judge (22 NYCRR
						Part 9).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Local Criminal Courts › Section 200.22 - Assignment of criminal actions

Current through Register Vol. 46, No.
					 28, July 10, 2024
Criminal actions in a criminal term shall be
						assigned to judges in a manner authorized by the Chief Administrator of the
						Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Local Criminal Courts › Section 200.23 - Recordkeeping requirements for town and village courts

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Each town and village court
					 shall maintain:
(1) case files
					 containing all papers filed, orders issued, any minutes or notes made by the
					 court of proceedings or testimony, and a copy of any original documents or
					 papers forwarded to another court or agency;
(2) an index of cases with a unique
					 number assigned to each case when filed; and
(3) a cashbook which shall
					 chronologically itemize all receipts and disbursements.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Local Criminal Courts › Section 200.24 - Recordkeeping in city courts

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Each city court may, consistent with the
						provisions of section
						2019 of
						the Uniform City Court Act, maintain records of all criminal actions and
						proceedings in accordance with section
						200.23 of this
						Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Local Criminal Courts › Section 200.26 - Issuance of certain securing orders in town and village courts; duties of the court; assignment of and notification to counsel; notification to pretrial services agency

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Where, following an arrest, a
					 defendant is brought, pursuant to CPL section 120.90, 140.20 or 140.27, before
					 a town or village court for arraignment on an accusatory instrument filed with
					 such court, counsel for the defendant shall be given an opportunity to be heard
					 before the court issues a securing order fixing bail or committing the
					 defendant to the custody of the sheriff.
(b) If the defendant appears at such time
					 without counsel, the court shall:
(1) permit the defendant to communicate
					 free of charge by telephone for the purposes of obtaining counsel and informing
					 a relative or friend that he or she has been charged with an offense;
					 and
(2) prior to
					 issuing a securing order fixing bail or committing the defendant to the custody
					 of the sheriff, make an initial determination as to the defendant's eligibility
					 for assigned counsel, provided, however, that this paragraph, as well as
					 subdivisions (c) and (d) of this section, shall not apply where the court
					 determines that the defendant has sufficient funds available to him or her to
					 immediately post bail with the court in the amount and form to be fixed by the
					 court, and such bail is so posted with the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Rules Applicable to Local Criminal Courts › Section 200.27 - Issuance of order confirming disclosure and notice obligations

Current through Register Vol. 46, No. 28, July 10,
					 2024
In all criminal actions on an indictment, prosecutor's
						information, information, or simplified information, the court shall issue an
						order to prosecution and defense counsel that,
inter alia
, (1)
						confirms the prosecutor's disclosure obligations pursuant to
Brady v.
						Maryland
, 373 U.S. 83 (1963),
Giglio v. United
						States
, 405 U.S. 150 (1972),
People v Geaslen
, 54
						N.Y.2d 510 (1981), and their progeny; and (2) confirms defense counsel's
						professional obligation to provide effective assistance of counsel and meet
						defendant's statutory notice obligations. The order shall be issued on the
						first scheduled court date, following arraignment, where both the prosecutor
						and defense counsel are present. The Chief Administrator of the Courts shall
						promulgate a model order for this purpose that the court may use as it deems
						appropriate.