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New York StateUnified Court System

FAQs - Frequently Asked Questions


Q1 ] My income in 2018 was $95,000.00. I got a letter saying that I had to file a financial disclosure statement for calendar year 2018 on or before May 15, 2019. I thought that your instructions say that I must file a financial disclosure statement if my annual salary is in excess of $99,394.00. I am not a judge or a policy-maker for the purposes of financial disclosure. Why do I have to file?

A ] Your 2018 income is not relevant to the determination of whether or not you must file a financial disclosure statement in 2019. If you are employed by the Unified Court System at any time in 2019, and you meet the filing requirements, you must file a statement in 2019. The statement that you file in 2019 pertains to the prior calendar year, 2018.

Q2 ] I went on an unpaid leave in March of last year and I am still on leave this year. My annual salary is $98,000.00. Do I have to file?

A ] Yes. You must file even though you are on an unpaid leave, because you remain an employee of the Unified Court System.

Q3 ] I have been working part-time since last November, and will earn less than $99,394.00 this year. I am not a judge or a policy-maker for the purposes of financial disclosure. Do I have to file?

A ] No. Because you are a part-time, nonjudicial employee who is not a policy-maker for the purposes of financial disclosure, and you will earn less than $99,394.00 this year, you do not have to file a statement for last year.

Q4 ] I am a new full time employee, who tarted employment with the Unified Court System in November, 2019. My annual salary is more than $99,394.00, but I will actually earn less than that in 2019. Do I have to file a statement in 2019?

A ] Yes. Because you are a full time employee and your annual salary exceeds $99,394.00, you must file a statement in 2019. The amount you will actually earn in 2019 is not relevant for filing requirement purposes.

Q5 ] My spouse and I separated last March, with the intention of terminating our marriage. Do I have to report information pertaining to my spouse in the financial disclosure statement I must file this year?

A ] No. If you are separated from your spouse, with the intention of terminating your marriage, as of the date you file your financial disclosure statement, you are not required to report information pertaining to your spouse.

Q6 ] Do I have to report the value of my New York State Deferred Compensation Plan?

A ] Yes, in question 11, if the value exceeded $1,000.00 as of last December 31.

Q7 ] Do I have to report my spouse's income from his or her employment?

A ] Yes, in question 13, if the amount of income exceeded $1,000.00 last year. You must report the income even if your spouse files his or her own financial disclosure statement.

Q8 ] Do I have to report the value of my certificates of deposit?

A ] Yes. You must report the income from the certificates in question 13, if it exceeded $1,000.00 last year. You must also report the total value of the certificates in question 16, if the value exceeded $1,000.00 as of last December 31.

Q9 ] Do I have to itemize the individual stocks held in my brokerage/investment account?

A ] Yes. You must itemize and identify the securities, valued in excess of $1,000.00 as of last December 31, held for your benefit in a brokerage/investment account, unless that account is a retirement account. You should look at the filing instructions for information about the q uestion 16 filing requirements.

Q10 ] Do I have to report my, and my spouse's, credit card debts?

A ] Yes, you must report each credit card debt that exceeded $10,000.00 as of the date you file your statement.

Q13 ] What happens if I refuse to file a statement, or if I file a deficient statement?

A ] If you fail to file a financial disclosure statement or if you file a deficient statement, you will be given a fifteen day period to cure your deficiency.If you fail to file or cure the deficiency within the specified time period the Commission is required to send a notice of delinquency: (a) to the reporting person; and (b) in the case of a judge or justice, to the State Commission on Judicial Conduct, or (c) in the case of a nonjudicial officer or employee, to the Chief Administrator of the Courts.

Q14 ] I am a law clerk. I became a candidate for public election to judicial office in August, 2019 . In May, 2019 I filed a calendar year 2018 statement of financial disclosure . Do I have to file another statement as a candidate?

A ] No. You do not have to file a second 2018 statement as a judicial candidate.

Q15 ] I am a law clerk. I became a candidate for public election to judicial office in August, 2019. I was not required to file a calendar year 2018 statement of financial disclosure because my annual salary in 2019 is less than $99,394.00. Do I now have to file a calendar year 2018 statement?

A ] Yes. You must file, as a judicial candidate, within 20 days of becoming a candidate. You must obtain a financial disclosure form and filing instructions for judicial candidates from our office or from our website. Judicial candidates cannot file electronically.

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