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


Rules of the Chief Administrative Judge


PART 121. Temporary Assignment Of Judges To The Supreme Court


121.1 General
121.2 Procedure for selection
121.3 Terms of assignment
121.4 Termination of assignment
121.5 Effect of Discipline by Judicial Conduct Commission

Section 121.1 General

All temporary assignments of judges to the Supreme Court from a court of limited jurisdiction, other than the Court of Claims, or designations of eligibility for such assignments, shall be made by the Chief Administrator of the Courts, in his or her discretion, upon consultation with and agreement of the presiding justice of the appropriate Appellate Division, pursuant to Part 33 of the Rules of the Chief Judge and in accordance with the procedure set forth in this Part.

Historical Note
Sec. filed Sept. 16, 1982; amd. filed Nov. 15, 1984; repealed, new filed July 12, 1985; amd. filed May 7, 1997 eff. April 29, 1997.

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Section 121.2 Procedure for selection

(a) Selection of judges for temporary assignment pursuant to this Part shall be made by the Chief Administrator upon recommendations from an evaluatory panel consisting of the appropriate Deputy Chief Administrator for the Courts within and without the City of New York, the Deputy Chief Administrator for Management Support, the Administrative Judge for Matrimonial Matters, and the administrative judge of the court where the judge serves. The Chief Administrator may alter the membership of the panel where circumstances require. The panel shall consider the need for judges to be assigned, the availability of judges for assignment and the capability of the judges eligible for assignment.

(b) In determining the capability of judges eligible for assignment, the evaluatory panel shall consult with administrative judges and with bar associations and other persons or groups as may be appropriate, and shall consider the following criteria with respect to each judge:

(1) productivity, including effective docket management and prompt case disposition;

(2) scholarship, including knowledge and understanding of substantive, procedural and evidentiary law of New York State, attentiveness to factual and legal issues before the court, application of judicial precedents and other appropriate sources of authority, and quality and clarity of written opinions;

(3) temperament, including the ability to deal patiently with and be courteous to all parties and participants; and

(4) work ethic, including punctuality, preparation and attentiveness, and meeting commitments on time and according to the rules of the court.

The panel also shall consider any complaints filed with court administrators.

(c) No judge shall be eligible for temporary assignment pursuant to this Part for a period in excess of 20 calendar days unless that judge has served in a court of limited jurisdiction for a period of two years.

(d) The Chief Administrator, upon consultation with and agreement of the Presiding Justice of the appropriate Appellate Division, may except a judge from all or part of the requirements of subdivision (b) of this section in determining the judge's eligibility for an assignment not in excess of 20 calendar days if the needs of the courts warrant such action.

Historical Note
Sec. filed Sept. 16, 1982; repealed, new filed July 12, 1985; amds. filed: May 7, 1997; June 5, 2000 eff. June 1, 2000. Amended (c), added (d).

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Section 121.3 Terms of assignment

Temporary assignments shall be for terms of no greater than one year, provided that the initial assignment shall be for a term of no greater than four months. Where appropriate, the chief administrator may designate, pursuant to section 121.2 of this Part, a judge as eligible for being selected for temporary assignments over the course of a term of not more than one year. Judges shall be eligible for redesignation at the conclusion of a term pursuant to the procedure set forth in this section.

Historical Note
Sec. filed Sept. 16, 1982; amd. filed Nov. 15, 1984; repealed, new filed July 12, 1985; renum. 121.4, new filed May 7, 1997 eff. April 29, 1997.

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Section 121.4 Termination of assignment

The Chief Administrator, upon consultation with and agreement of the presiding justice of the appropriate appellate division, may terminate at any time any temporary assignment made pursuant to this Part.

Historical Note
Sec. filed Sept. 16, 1982; amd. filed Nov. 15, 1984; repealed, filed July 12, 1985; new added by renum. 121.3, filed May 7, 1997 eff. April 29, 1997.

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Section 121.5 Effect of Discipline by Judicial Conduct Commission

Absent exceptional circumstances, as determined by the Chief Administrator upon consultation with and agreement of the Presiding Justice of the appropriate Appellate Division, no judge shall be eligible to sit as a temporarily assigned justice pursuant to this Part for a period of two years from the date of any order of the State Commission on Judicial Conduct that directs that the judge be publicly admonished or censured.

Historical Note
Added 121.5 on May 13, 2005

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