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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Administrative Judge


PART 102. Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties

102.0 General
102.1 Transportation expenses
102.2 Meals, lodging and incidental expenses
102.3 Apartment rental and long-term rental arrangements
102.4 Preparation and submission of expense vouchers
102.5 Change of residence or chambers
102.6 Reimbursement for intracounty travel

Section 102.0 General.

(a) This Part shall apply to the reimbursement of expenses designated herein incurred by a judge of the Court of Appeals, a justice of the Supreme Court, including a justice of the Appellate Division or Appellate Term, and a judge of the Court of Claims, County Court, Surrogate’s Court, Family Court, District Court, and Civil and Criminal Court of the City of New York, and a full-time judge of a City Court outside the City of New York, who is assigned to perform judicial duties outside the county wherein such judge is provided chambers.

(b) Subject to the provisions of this Part, each judge or justice to whom subdivision (a) of this section applies shall receive actual and necessary transportation expenses, and shall also receive such other necessary expenses, including meals, lodging and incidentals, not to exceed the rate determined by the Chief Administrator of the Courts, as such judge or justice shall actually and necessarily incur.

(c) For the purposes of reimbursement of expenses under this Part, the City of New York shall be deemed to be one county. No judge of any court in New York City who is assigned to perform judicial duties in another county in New York City shall be entitled to reimbursement of expenses under this Part.

(d) The reimbursement of expenses provided for in this Part shall be the exclusive method of reimbursing each judge or justice for such expenses.

(e) Each judge or justice shall provide sufficient personal funds to cover all expenses in the first instance.

(f) The Chief Administrator, in consultation with the presiding judge of the Court of Claims, shall designate for Court of Claims judges the county in which chambers are provided or deemed to be provided for the purposes of this Part.

(g) Reimbursement of expenses in connection with the performance of judicial duties outside of New York State shall require the prior approval of the Chief Administrator and shall be allowed only at a daily rate to be fixed by the Chief Administrator.

Historical Note
Sec. added by renum. and amd. 1.0, filed Feb. 2, 1982; amds. filed: April 26, 1984; Sept. 28, 1987; June 23, 1989; July 5, 1994 eff. April 25, 1994. Amended (b), (f).

Amended 102.0(a) on July 18, 2007 [previous version]

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Section 102.1 Transportation expenses.

Reimbursement for transportation expenses incurred pursuant to this Part shall be allowed in accordance with the following regulations:

(a) Personally owned automobile. When transportation is provided by personally owned automobile, a judge or justice shall be reimbursed at a rate determined by the Chief Administrator.1 In addition, parking charges and bridge and highway tolls shall be reimbursed. Reimbursement for gasoline, insurance, repairs, depreciation, towage and all other operating costs is included in the mileage rate.

(b) Car rental. Reimbursement of expenses for use of a rental car shall be allowed in exceptional cases, provided that adequate proof of need and of the expenses incurred is provided, and prior approval is obtained from the Chief Administrator. Parking charges and bridge and highway tolls shall be reimbursed.

(c) Publicly owned cars. Judges or justices traveling by cars owned by the State or a political subdivision of the State shall so indicate on the expense voucher, giving the license number of the vehicle. Parking charges and bridge and highway tolls shall be reimbursed. Claims for expenses for emergency items and repairs made for cars owned by the State or a political subdivision shall be supported by appropriate receipts. All State vehicles operating in or near Albany shall, when possible, be serviced in the State garage rather than at service stations.

(d) Common carrier. When transportation is by common carrier, reimbursement of fare shall be allowed. When transportation is by air, or by first class, Pullman or similar rail accommodation, copies of tickets or similar documentation shall be attached to the expense voucher. When air travel is used, less than first class accommodations should be utilized whenever possible. Payments for taxicab, airport limousine, tips or other expenses necessarily incurred in connection with the use of common carrier shall be allowed.

1.
Effective Nunc Pro Tunc Dec. 1, 1988.

Historical Note
Sec. added by renum. and amd. 1.1, filed Feb. 2, 1982; amds. filed: Aug. 20, 1984; Feb. 25, 1993 eff. nunc pro tunc as of Dec. 1, 1988. Amended (a).

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Section 102.2 Meals, lodging and incidental expenses.

(a) Total allowances for meals, lodging and incidental expenses incurred pursuant to this Part shall not exceed the rate determined by the Chief Administrator. Specific expenses for all or part of a day in travel status shall be reimbursed in accordance with maximum rates established by the Chief Administrator. Miscellaneous expenses for items such as baggage transfer and tips to porters are included under the allowance for lodging and incidentals.

(b) Reimbursement of miscellaneous expenses in connection with travel (such as telephone calls or telegrams) shall be allowed, whether or not an expense for lodging was incurred.

(c) Receipts or other proof of expenses for overnight lodging shall be supplied with the expense voucher. Receipts for meals and incidentals need not be supplied with the expense voucher, but claims for meals and incidental or miscellaneous expenses shall be itemized on the voucher.

(d) A judge or justice traveling to or from the county wherein he or she is provided chambers, in the performance of his or her judicial duties, shall be reimbursed for a meal or meals taken in any place if necessarily purchased in connection with such travel.

(e) A judge or justice traveling on judicial business is exempted from State and local taxes for lodgings. Exemption certificate (form AC 946) shall be used at the hotel or motel to avoid payment of such taxes.

(f) A judge or justice who is continuously assigned to official duties outside the county in which he or she is provided chambers may remain in the county of assignment over weekends and on holidays, or may return home. If he or she elects to remain in the county of assignment, he or she shall be reimbursed pursuant to the rates referred to in subdivision (a) of this section for expenses incurred on Saturdays, Sundays and holidays for meals, lodgings and incidentals. If he or she returns home, he or she shall be reimbursed only for transportation expenses, and for a meal or meals in accordance with subdivision (d) of this section.

Historical Note
Sec. added by renum. and amd. 1.2, filed Feb. 2, 1982; amds. filed: April 26, 1984; Sept. 28, 1987; June 23, 1989; July 5, 1994 eff. April 25, 1994. Amended (a), (f).

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Section 102.3 Apartment rental and long-term rental arrangements.

If a judge or justice rents an apartment or hotel or motel room other than at a daily rate, the Chief Administrator may permit reimbursement for lodging expenses at a rate to be determined by the Chief Administrator not to exceed the rate for lodging determined by the Chief Administrator pursuant to section 102.2(a)2 of this Part for each night when the judge or justice actually stayed overnight in the rented premises, provided that:

(a) the provisions of subdivision (c) of section 102.2 of this Part are satisfied as to each night's lodging expenses for which the judge or justice seeks reimbursement;

(b) prior approval of the rental arrangement is given by the Chief Administrator;

(c) a copy of the rental agreement is filed with the Chief Administrator;

(d) the total reimbursement of expenses for lodging in any period shall not exceed the rent for that period; and

(e) where the amount payable as reimbursement during any one month exceeds the monthly rent, the excess amount payable as reimbursement can be used as an offset against the rent for the same premises for another month within the rental period during which the amount payable as reimbursement was not sufficient to meet the monthly rent. No judge or justice will be reimbursed for other than actual and necessary expenses for lodging necessitated by the conduct of judicial business.

2.
Effective Nunc Pro Tunc July 1, 1979.

Historical Note
Sec. added by renum. and amd. 1.3, filed Feb. 2, 1982; amds. filed: Feb. 25, 1993; July 5, 1994 eff. April 25, 1994.

Amended (e) on Nov. 21, 2013

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Section 102.4 Preparation and submission of expense vouchers.

Expense vouchers for reimbursement pursuant to this Part shall be submitted in accordance with the following requirements:

(a) Original copies of evidence of overnight stay, travel by air or by first class, Pullman or similar rail accommodation, car rental, apartment rental and long-term lodging arrangements, if any, shall be attached to the expense voucher (JC 2007).

(b) In cases where extended assignment is authorized, the expense voucher shall be submitted semi-monthly, the first voucher covering the 1st to the 15th of each month, inclusive, and the second voucher covering the 16th to the last day of the month. All vouchers shall be submitted for processing no later than 45 days after the trip or completion of the assignment.

(c) Judges of the Court of Appeals and justices of the Appellate Divisions shall submit their expense vouchers to the clerk of their respective court, who shall submit such vouchers to the State Department of Audit and Control for processing. Justices temporarily assigned to a particular Appellate Division shall submit their expense vouchers to the clerk of that Appellate Division.

(d) A judge or justice who is assigned to a court that is under the jurisdiction of the deputy Chief Administrator of the Courts within the City of New York shall submit his or her expense voucher to the office of the Deputy Chief Administrator of the Courts within the City of New York for processing.

(e) A judge of the Court of Claims who is assigned to the Court of Claims shall submit his expense voucher to the clerk of the Court of Claims, who shall submit such voucher to the State Department of Audit and Control for processing.

(f) All other judges and justices shall submit their expense vouchers to the administrative judge of the judicial district to which the judge or justice is assigned, who shall submit them to the State Department of Audit and Control for processing.

Historical Note
Sec. added by renum. and amd. 1.4, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 102.5 Change of residence or chambers.

If a judge or justice of any court designated under this Part moves his or her place of residence or chambers outside the county in which he or she resided at the time of election or appointment, such judge or justice is not entitled to receive greater reimbursement for travel than he or she would have received had he or she not moved, unless the Chief Administrator of the Courts specifically approves.

Historical Note
Sec. added by renum. and amd. 1.5, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 102.6 Reimbursement for intracounty travel.

Traveling expenses incurred by a judge or justice to whom subdivision (a) of section 102.0 of this Part applies, during the performance of judicial duties within the county in which he or she is provided chambers, will be reimbursed if such travel occurred in accordance with a plan submitted, by an administrative judge on behalf of one or more judges or justices, to the Chief Administrator of the Courts, and approved by the Chief Administrator

Historical Note
Sec. added by renum. and amd. 1.6, filed Feb. 2, 1982 eff. Jan. 1, 1982.

Amended 102.6 on Nov. 15, 2007