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| PART 113. PROCEDURE TO
EVALUATE FITNESS OF JUDGES OR JUSTICES WHO BECOME ILL |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
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113.01 Notice to the Chief Administrator
113.02 Inquiry and action by the Chief Administrator
113.03 to 113.04 [Repealed]
113.05 [Repealed]
113.06 to 113.08 [Repealed] |
| Section
113.01 Notice to the Chief Administrator
Whenever a judge or justice of the trial courts of the Unified
Court System has been unable to fully perform his or her duties
for a period of greater than 60 days because of accident or
illness, the administrative judge having jurisdiction over
the court in which the judge or justice is assigned to sit
shall promptly give notice of such inability to perform to
the Chief Administrator of the Courts.
Historical Note
Sec. filed Feb. 2, 1982; repealed, filed Oct. 30, 1985; new
filed Oct. 30, 1995 eff. Oct. 25, 1995. |
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| Section
113.02 Inquiry and action by the Chief Administrator
(a) Upon receipt
of such notice, the Chief Administrator shall make such inquiry
as is necessary to ascertain the reason for the inability
to perform, the prognosis for recovery, and the time the judge
or justice is expected to be able to return to full performance.
(b) The Chief Administrator, after consultation with the
Presiding Justice of the appropriate Appellate Division, may
at any time direct a judge or justice who has been unable
to fully perform his or her duties for an extended period
of time to be examined by a physician selected by the Chief
Administrator to ascertain the physical or mental condition
of the judge or justice and the prognosis for his or her return
to full performance. Except for extraordinary circumstances,
any judge who has not fully performed his or her duties for
greater than six months because of accident or illness must
be examined pursuant to this paragraph.
Historical Note
Sec. filed Feb. 2, 1982; amd. filed Feb. 15, 1984; repealed,
filed Oct. 30, 1985; new filed Oct. 30, 1995; amd. filed June
3, 1997 eff. May 21, 1997. Amended (b). |
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| Section
113.03 to 113.04 [Repealed]
Historical Note
Secs. filed Feb. 2, 1982; repealed, filed Oct. 30, 1985 eff.
Nov. 1, 1985. |
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| Section
113.05 [Repealed]
Historical Note
Sec. filed Feb. 2, 1982; amds. filed: Feb. 15, 1984; July
8, 1985; repealed, filed Oct. 30, 1985 eff. Nov. 1, 1985. |
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| Section
113.06 to 113.08 [Repealed]
Historical Note
Secs. filed Feb. 2, 1982; repealed, filed Oct. 30, 1985 eff.
Nov. 1, 1985. |
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