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| PART 01: Standards &
Administrative Policies - General |
| 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. |
1.0 Preamble
1.1 Chief Judge & Chief Admin; exercise
of admin. powers & duties
1.2 Chief Administrator of the Courts; compensation
1.3 Existing rules |
| Section
1.0 Preamble.
The purpose of these standards and
policies is to assign and regulate administrative authority
in a complex, multi-tiered court system. The Constitution
now vests in a Chief Administrator of the Courts, on behalf
of the Chief Judge, responsibility for supervising the administration
and operation of our courts. Heretofore this has been the
constitutional responsibility of the Appellate Divisions of
the Supreme Court and the Administrative Board of the Judicial
Conference. These standards and policies reflect the judgment
of the Chief Judge and of the Court of Appeals that sound
management of our court system requires that the Appellate
Divisions, through their presiding justices, have a significant
consultative role in management decisions which affect the
trial courts in each of the diverse areas of our State. This
participation of the Appellate Divisions in court administration
is consistent with our judicial tradition and is important
to the intelligent and effective exercise of the Chief Administrator's
constitutional functions and responsibilities.
Paramount, however, is the constitutional mandate for a
unified administration of the courts, within the framework
of which the consultative role of the Appellate Divisions
may appropriately function. The Chief Administrator should
also consult with the trial judges, the bar, and the public,
either directly or through deputies, local administrative
judges, and advisory committees.
Historical Note
Sec. filed Sept. 6, 1974; amds. filed:
June 2, 1978; May 21, 1979; Feb. 6, 1981; renum. 102.0, new
filed Feb. 2, 1982 eff. Jan. 1, 1982. |
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| Section
1.1 Chief Judge & Chief Administrator; exercise of administrative
powers & duties.
(a) Establishment of the regular
hours, terms and parts of court, other than temporary hours,
terms and parts, and assignments of judges and justices to
them, other than temporary assignments, shall be done in consultation
and agreement with the presiding justices of the appropriate
Appellate Divisions on behalf of their respective courts;
provided that if the Chief Administrator and a presiding justice
are unable to agree, the matter shall be determined by the
Chief Judge. Retired judges or justices certificated pursuant
to article VI, section 25 of the Constitution shall be subject
to assignment by the Appellate Divisions pursuant to that
section, in consultation with the Chief Administrator.
(b) Appointments of nonjudicial officers and employees of
trial courts shall be made upon nomination of the appropriate
administrative judge, supervising judge or judge of the court
in which the position is to be filled, or other administrator
designated by the Chief Administrator. Judges and justices
having personal assistants who serve as law clerks (law secretaries)
and secretaries may continue to appoint and remove them, subject
to standards and administrative policies established, approved
and promulgated pursuant to article VI, section 28(c) of the
Constitution, and to the final determination of budgets pursuant
to article VI, section 29.
(c) Designation of the places where appellate terms shall
be held, pursuant to article VI, section 8(a) of the Constitution,
shall be made in consultation with the presiding justices
of the appropriate Appellate Divisions.
(d) Adoption of administrative rules for the efficient and
orderly transaction of business in the trial courts, including
but not limited to calendar practice, shall be done in consultation
with the Administrative Board of the Courts or the appropriate
Appellate Divisions.
(e) If the Chief Judge designates deputy chief administrators
and administrative judges, he shall do so in consultation
with the presiding justices of the appropriate Appellate Divisions
on behalf of their respective courts. If the Chief Administrator
of the Courts designates deputy chief administrators and administrative
judges pursuant to delegated authority, the designations shall
be made in consultation with the presiding justices of the
appropriate Appellate Divisions on behalf of their respective
courts, and shall require the approval of the Chief Judge.
(f) Designation of the presiding justice and associate justices
of an Appellate Term shall require the approval of the presiding
justice of the appropriate Appellate Division.
Historical Note
Sec. renum. 2.1, new filed Sept. 6, 1974; amds. filed: Sept.
6, 1974; June 2, 1978; July 10, 1978; May 21, 1979; renum.
102.1, new added by renum. 445.1 |
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Section
1.2 Chief Administrator of the Courts; compensation.
The salary of the Chief Administrator shall be fixed by
the Chief Judge within the amount available by appropriation.
He shall also be entitled to reimbursement for expenses actually
and necessarily incurred by him in the performance of his
duties. If a judge is appointed, he shall receive his judicial
salary and such additional compensation as may be available
by appropriation, and his actual and necessary expenses.
Historical Note
Sec. renum. 2.2, new filed Sept. 6, 1974; amds. filed: June
2, 1978; May 21, 1979; Oct. 21, 1980; Feb. 6, 1981; renum.
102.2, new added by renum. 445.2, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
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| Section
1.3 Existing rules.
Before amending or repealing an administrative rule of an
Appellate Division for the efficient and orderly transaction
of business in the trial courts, including but not limited
to calendar practice, that was in effect on March 31, 1978,
the Chief Judge or Chief Administrator shall consult with
that Appellate Division.
Historical Note
Sec. filed Sept. 6, 1974; amds. filed: June 2, 1978; May 21,
1979; renum. 102.3, new added by renum. 445.3, filed Feb.
2, 1982 eff. Jan. 1, 1982. |
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