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


Rules of the Chief Judge


PART 80. Administrative Delegation Number 1
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80.0 Preamble
80.1 Chief Administrator of the Courts; general powers and duties
80.2 Deputy chief administrators and administrative judges
80.3 Administration of appellate divisions and appellate terms
80.4 Court of Appeals

Section 80.0 Preamble.

Pursuant to article VI, section 28(b) of the State Constitution, the Chief Administrator of the Courts is delegated the following powers and duties.

Historical Note
Sec. filed Feb. 2, 1982 eff. April 1, 1978.

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Section 80.1 Chief Administrator of the Courts; general powers and duties.

(a) The Chief Administrator shall supervise on behalf of the Chief Judge the administration and operation of the unified court system, except as otherwise provided in section 80.3 of this Part with respect to the Appellate Divisions and Appellate Terms of the Supreme Court, and section 80.4 with respect to the Court of Appeals.

(b) In the exercise of this delegated responsibility and in accordance with the standards and administrative policies established, approved and promulgated pursuant to article VI, section 28(c) of the Constitution, the Chief Administrator shall:

(1) prepare the itemized estimates of the annual financial needs of the unified court system. These itemized estimates, approved by the Court of Appeals and certified by the Chief Judge, shall be transmitted by the Chief Administrator to the Governor and to the chairmen of the Senate Finance and Judiciary Committees and the Assembly Ways and Means and Judiciary Committees not later than the first day of December;

(2) establish the regular hours, terms and parts of court, and assign judges and justices to them, 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 the Presiding Justices are unable to agree, the matter shall be determined by the Chief Judge. Consultation and agreement shall not be required for temporary assignments, nor for the establishment of temporary hours, terms and parts of court;

(3) appoint and remove, upon nomination or recommendation of the appropriate administrative judge, supervising judge or judge of the court in which the position is to be filled or the employee works, or other administrator, all nonjudicial officers and employees, except the county clerks, commissioners of jurors, nonjudicial officers and employees of the town and village courts, and personal assistants who serve as law clerks (law secretaries) and secretaries to judges and justices;

(4) designate deputies and administrative judges in accordance with section 80.2 of this Part. The Chief Administrator may delegate to any deputy, administrative judge, assistant or court any administrative power or function delegated to the Chief Administrator;

(5) enforce and supervise the execution of the standards and administrative policies established, approved and promulgated pursuant to article VI, section 28(c) of the Constitution;

(6) adopt administrative rules for the efficient and orderly transaction of business in the trial courts, including but not limited to calendar practice, in consultation with the Administrative Board of the Courts or the appropriate Appellate Divisions;

(7) make rules, in consultation with the Administrative Board of the Courts, to implement article 16 of the Judiciary Law;

(8) establish an administrative office of the courts; appoint and remove deputies, assistants, counsel and employees as may be necessary; fix their salaries within the amounts made available by appropriation; and as may be necessary, establish regional budget and personnel offices for the preparation of budgets of the courts and the conduct of personnel transactions affecting nonjudicial officers and employees of the unified court system located within their regions;

(9) establish programs of education and training for judges and nonjudicial personnel;

(10) appoint advisory committees as he shall require, to advise him in relation to the administration and operation of the unified court system;

(11) supervise the administration and operation of law libraries of the unified court system;

(12) designate law journals for the publication of court calendars, judicial orders, decisions and opinions, and notices of judicial proceedings;

(13) supervise the maintenance and destruction of court records;

(14) accept as agent of the unified court system any grant or gift for the purposes of carrying out any of his powers or duties or the functions of the unified court system, and contract on behalf of the unified court system for goods and services;

(15) exercise all powers and perform all duties on behalf of the unified court system as a public employer, pursuant to article 14 of the Civil Service Law (Taylor Law), as the chief executive officer pursuant to that article;

(16) adopt classifications and allocate positions for nonjudicial officers and employees of the unified court system, and revise them when appropriate; and

(17) have any additional powers and perform any additional duties assigned by the Chief Judge.

Historical Note
Sec. filed Feb. 2, 1982 eff. April 1, 1978.

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Section 80.2 Deputy chief administrators and administrative judges.

(a) The Chief Administrator of the Courts, in consultation with the Presiding Justices of the appropriate Appellate Divisions on behalf of their respective courts, and with the approval of the Chief Judge, shall designate the following deputy chief administrators and administrative judges, who shall serve at his pleasure for a period not exceeding one year:

(1) in the City of New York: a deputy chief administrator, who may be a judge, for all the trial courts; one administrative judge each for the Family Court, the Civil Court and the Criminal Court; and one administrative judge each for the Supreme Court in Bronx, New York and Queens Counties and the Second Judicial District;

(2) outside the City of New York: a Deputy Chief Administrator, who may be a judge, for all the trial courts; and an Administrative Judge in each judicial district, except that separate Administrative Judges may be designated for Nassau and Suffolk Counties. The Chief Administrator may designate an Administrative Judge or Administrative Judges for the Family Court outside the City of New York; and

(3) Such other supervising judges as may be required.

(b) The Presiding Justice of an appellate term shall be designated by the Chief Administrator with the approval of the Presiding Justice of the appropriate appellate division, and shall be the Administrative Judge of that court.

(c) The Presiding Judge of the Court of Claims shall be the Administrative Judge of that court.

(d) Deputy Chief Administrators and Administrative Judges shall be responsible generally for the orderly administration of the courts within the area of their administrative responsibility, as set forth in their orders of designation.

Historical Note
Sec. filed Feb. 2, 1982 eff. April 1, 1978.

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Section 80.3 Administration of appellate divisions and appellate terms.

(a) The Presiding Justices and the associate justices of the appellate divisions shall administer their respective courts and the appellate terms of the Supreme Court in their respective departments, in accordance with the standards and administrative policies established, approved, and promulgated pursuant to article VI, section 28(c), of the Constitution, and in their respective courts and for their respective appellate terms shall:

(1) establish the hours and terms of court, and assign justices to them;

(2) appoint and remove all nonjudicial officers and employees, except personal assistants who serve as law clerks (law secretaries) and secretaries to justices of those courts;

(3) delegate to the Presiding Justice or to any associate justice or the clerk any administrative power or function enumerated in this section;

(4) enforce and supervise the execution of the standards and administrative policies established, approved, and promulgated pursunt to article VI, section 28(c); and

(5) adopt administrative rules for the efficient and orderly transaction of business.

(b) The Chief Administrator's powers and duties with respect to the appellate divisions and appellate terms shall be limited to the following:

(1) preparation of the itemized estimates of the annual financial needs of the appellate divisions and appellate terms, in consultation with the respective appellate divisions;

(2) enforcement and supervision of the execution of the standards and administrative policies established, approved, and promulgated pursuant to article VI, section 28(c), relating to personnel practices and career service rules;

(3) designation of law journals for the publication of court calendars, judicial orders, decisions and opinions, and notices of proceedings;

(4) acceptance as agent of the appellate divisions and appellate terms of any grant or gift for the purposes of carrying out their functions, and contracting on their behalf for goods and services;

(5) exercise of all powers and performing all duties as a public employer pursuant to article 14 of the Civil Service Law (Taylor Law), and as the chief executive officer pursuant to that article; and

(6) adoption, and revision when appropriate, of classifications and allocations of positions for nonjudicial officers and employees of the appellate divisions and appellate terms.

(c) Supervision of the administration and operation of the following programs shall remain the responsibility of the appellate divisions or Presiding Justices, as now provided by statute: assignments of counsel, law guardians and guardians ad litem; the Mental Health Information Service; appointments of examiners of incompetents' accounts; and admission to the bar, disciplining of lawyers, and regulation of the practice of law.

Historical Note
Sec. filed Feb. 2, 1982 eff. April 1, 1978.

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Section 80.4 Court of Appeals.

The Chief Administrator of the Courts shall adopt classifications and allocations of positions for all nonjudicial officers and employees of the Court of Appeals and revise them when necessary and appropriate, and shall have no other and additional powers and duties with respect to the administration of the Court of Appeals except as directed by the Court of Appeals.

Historical Note
Sec. filed Feb. 2, 1982 eff. April 1, 1978.