ARTICLE 1 Short Title
Short title. This chapter shall be known as the "Judiciary Law."
Definition. As used in this chapter, the word "minor" or
"infant" shall mean any person who has not attained the age of eighteen
years.
ARTICLE 2 General Provisions Relating to Courts and Judges
Courts of record. Each of the following courts of the state is a
court of record:
1. The court for the trial of impeachments.
2. A court on the judiciary.
3. The court of appeals.
4. The appellate division of the supreme court in each department.
5. The supreme court.
6. The court of claims.
7. A county court in each county, except the counties of New York,
Bronx, Kings, Queens and Richmond.
8. The family court.
9. A surrogate's court in each county.
10. Each city court outside the city of New York.
11. The district court in each county or portion thereof in which such
court shall be established.
12. The civil court of the city of New York and the criminal court of
the city of New York.
All courts other than those specified in this section are courts not
of record.
Jurisdiction and powers of courts continued. Each court of the
state shall continue to exercise the jurisdiction and powers now vested
in it by law, according to the course and practice of the court, except
as otherwise prescribed by statute or rules adopted in conformance
thereto.
General powers of courts of record. A court of record has power
1. to issue a subpoena requiring the attendance of a person found in
the state to testify in a cause pending in that court, subject, however,
to the limitations prescribed by law with respect to the portion of the
state in which the process of the local court of record may be served;
2. to administer an oath to a witness in the exercise of the powers
and duties of the court and;
3. to devise and make new process and forms of proceedings, necessary
to carry into effect the powers and jurisdiction possessed by it.
Use of term "court" prohibited. No person, firm, association or
corporation shall hereafter use or employ the term "court" as part of or
in connection with the name of any body, board, bureau, association,
organization or corporation, or in referring to any body, board, bureau,
association, organization or corporation, in such manner as to be
calculated reasonably to lead to the belief that the body, board,
bureau, association, organization or corporation is vested with judicial
power or is a part of the judicial system of the state; the use of such
term being expressly limited by this section for reference to a court of
record or a court not of record, duly organized and existing under the
laws of the state as a part of the judicial system of the state.
Any violation of this section shall be a misdemeanor.
Sittings of courts to be public. The sittings of every court
within this state shall be public, and every citizen may freely attend
the same, except that in all proceedings and trials in cases for
divorce, seduction, rape, assault with intent to commit rape, bastardy,
filiation, or a crime formerly defined in sections 130.50, 130.45, and
130.40 of the penal law, the court may, in its discretion, exclude
therefrom all persons who are not directly interested therein, excepting
jurors, witnesses, and officers of the court.
Certain powers of the courts regarding civil arrests. In order
to maintain access to the court and open judicial proceedings for all
persons in their individual capacity and to prevent interference with
the needs of judicial administration, a court has the power to issue
appropriate judicial orders to protect the privilege from civil arrest,
in accordance with article three of the civil rights law.
Courts not to sit on Sunday except in special cases nor on
Saturday in certain cases. A court shall not be opened, or transact any
business on Sunday, nor shall a court transact any business on a
Saturday in any case where such day is kept as a holy day by any party
to the case, except to receive a verdict or discharge a jury and for the
receipt by the criminal court of the city of New York or a court of
special sessions of a plea of guilty and the pronouncement of sentence
thereon in any case in which such court has jurisdiction. An adjournment
of a court on Saturday, unless made after a cause has been committed to
a jury, must be to some other day than Sunday. But this section does not
prevent the exercise of the jurisdiction of a magistrate, where it is
necessary to preserve the peace, or, in a criminal case, to arrest,
commit or discharge a person charged with an offense, or the granting of
an injunction order by a justice of the supreme court when in his
judgment it is necessary to prevent irremediable injury or the service
of a summons with or without a complaint if accompanied by an injunction
order and an order of such justice permitting service on that day.
Furthermore, no provision of this section shall be deemed to prohibit or
prevent the conducting on Saturday and/or Sunday of any arbitration or
mediation proceeding, provided all parties and the tribunal consent to
such proceeding in writing. A writing purporting to provide consent of
any party that is not prepared by the party shall only be sufficient to
establish consent upon a finding by the tribunal by clear and convincing
evidence, that such party has affirmatively consented to such
proceedings on a Saturday or Sunday as the case may be; such finding to
be made part of the record of any further proceedings.
Adjournment of term of court of record to future day. Any term
of a court of record may be adjourned from day to day, or to a specified
future day, by an entry in the minutes. Any judge of the court may so
adjourn a term thereof, in the absence of a sufficient number of judges
to hold the term.
Adjournment of term on non-appearance of judge. If a judge,
authorized to hold a term of a court, does not come to the place where
the term is appointed to be held, or to which it shall have been
adjourned by the judge, before four o'clock in the afternoon of the day
so appointed or of such adjourned day, the sheriff or clerk must then
open the term, and forthwith adjourn it, or again adjourn it, as the
case may be, to nine o'clock in the morning of the next day. If the
judge attends by four o'clock in the afternoon of the second day of the
term as appointed or as adjourned by such judge, he must open the term;
otherwise the sheriff or the clerk must adjourn it without day. If,
before four o'clock of the second day of the term as appointed or as
adjourned by the judge, the sheriff or the clerk receives from a judge,
authorized to hold the term, a written direction to adjourn the term to
a future day certain, he must adjourn it accordingly, instead of
adjourning it as above prescribed. The direction must be entered in the
minutes as an order.
Vacancies or changes in judges; power of judge out of office. A
civil or criminal action or special proceeding in a court of record is
not discontinued by a vacancy or change in the judges of the court or by
the re-election or re-appointment of a judge, but it must be continued,
heard and determined by the court as constituted at the time of the
hearing or determination. After a judge is out of office, he may settle
a transcript or statement for a record on appeal or make any return of
proceedings had before him while he was in office, and may be compelled
so to do by the court in which the action or special proceeding is
pending.
Continuance of out of court proceedings before judges of same
court. At any stage of a special proceeding instituted before a judge of
a court of record out of court, or a proceeding commenced before a judge
out of court in an action or special proceeding pending in a court of
record, such proceeding or special proceeding may be continued before
any other judge of the same court, who may exercise all powers in the
matter as if it had been originally instituted before him.
Continuance of special proceeding before another officer. In
case of the death, sickness, resignation, removal from office, absence
from the county, or other disability of an officer before whom or in
whose court a special proceeding has been instituted, where no express
provision is made by law for the continuance thereof, it may be
continued before or in the court of
1. the officer's successor, or
2. if there is no successor capable of acting, any other officer
residing in the same county before whom it might have been originally
instituted, or
3. if there is neither a successor nor an officer specified in
paragraph two capable of acting, an officer in an adjoining county who
would originally have had jurisdiction of the subject matter had it
occurred or existed in the latter county. An officer substituted, as
prescribed by law, to continue a special proceeding instituted before
another, may exercise all powers in the special proceeding, as if it had
been originally instituted before him.
Emergency relocations of court terms. 1. Notwithstanding any
other provision of law, if an emergency or other exigent circumstance or
the imminent threat thereof prevents the safe and practicable holding of
a term of any court at the location designated by law therefor, then:
a. the governor, after consultation with the chief judge or his or her
designee if practicable, may by executive order appoint another location
for the temporary holding of such term if it is a term of a trial court;
or
b. where the governor has not acted pursuant to paragraph a of this
subdivision, or if it is a term of a court other than a trial court, the
chief judge or his or her designee (or the presiding justice of an
appellate division or his or her designee if it is a term of such
appellate division or of an appellate term established in the judicial
department served by such appellate division) may by order appoint
another location for the temporary holding of such term; except that,
where the court is a trial court, nothing in this paragraph shall
prevent the issuance of a superseding order pursuant to paragraph a of
this subdivision.
2. To the extent practicable, an order pursuant to subdivision one of
this section:
a. shall designate the most proximate location in which such term of
court safely and practicably can be held, without limitation based on
the judicial department, judicial district, county, city, town, village
or other geographical district for which such court was established;
b. shall be made in conformance with state and local disaster
preparedness plans governing the continued effective operation of the
civil and criminal justice systems pursuant to sections twenty-two and
twenty-three of the executive law; and
c. for a trial court other than the court of claims, shall be made
after consultation with the chief executive officer of the county, city,
town or village for which such court was established and the chief
executive officer of the corresponding county, city, town or village to
which the term of such court temporarily would be relocated, or their
designees.
3. An order pursuant to subdivision one of this section shall be
effective for no more than thirty days and may be reauthorized for
successive periods of no more than thirty days each in like fashion as
an original order. As soon as practicable, such order shall be filed
with the office of court administration and the office of the clerk of
each county affected thereby, and shall be publicized by the best means
practicable and for such duration as such order shall provide.
4. Every term of court subject to an order pursuant to subdivision one
of this section shall, for the duration of such order, continue to
preside for the original judicial department, judicial district, county,
city, town, village or other geographical district for which such court
was established, and every action and proceeding in such term shall be
subject to the same substantive and procedural law as would have applied
had such term not been temporarily relocated.
5. Notwithstanding any other provision of section thirty-nine of this
article, if an order pursuant to subdivision one of this section shall
temporarily relocate a term of court outside the county, city, town or
village for which such court was established, then the costs of
temporarily providing facilities suitable and sufficient for the
transaction of business of such court outside such county, city, town or
village shall be charges upon the office of court administration.
Recusal; reason. Any judge who recuses himself or herself from
sitting in or taking any part in the decision of an action, claim,
matter, motion or proceeding shall provide the reason for such recusal
in writing or on the record; provided, however, that no judge shall be
required to provide a reason for such recusal when the reason may result
in embarrassment, or is of a personal nature, affecting the judge or a
person related to the judge within the sixth degree by consanguinity or
affinity.
Courtroom designated the "Judge James F. Reitz Memorial
Courtroom". Room three hundred one of the Putnam supreme and county
court shall be designated and known as the "Judge James F. Reitz
Memorial Courtroom".
Court or judge may direct the filing of original stenographic
minutes with clerk. The court or a judge thereof may, in its or his
discretion, upon or without an application for that purpose make an
order directing the stenographer to file with the clerk, forthwith or
within a specified time, the original stenographic notes taken upon a
trial or hearing.
Power to remove certain officers and to appoint successors. A
referee, receiver, commissioner or appraiser appointed by a court or
judge may be removed by the same court or judge. In case of the death,
resignation, removal, or neglect or refusal to serve of any such
officer, another person may be appointed in his stead.
Oath of referee, receiver, commissioner or appraiser. A
referee, receiver, commissioner or appraiser appointed by a court or
judge, before entering upon his duties, shall be sworn faithfully and
fairly to discharge the trust committed to him. The oath may be waived
upon consent of all parties.
Disqualification of judge by reason of interest or
consanguinity. A judge shall not sit as such in, or take any part in
the decision of, an action, claim, matter, motion or proceeding to which
he is a party, or in which he has been attorney or counsel, or in which
he is interested, or if he is related by consanguinity or affinity to
any party to the controversy within the sixth degree. The degree shall
be ascertained by ascending from the judge to the common ancestor,
descending to the party, counting a degree for each person in both
lines, including the judge and party, and excluding the common ancestor.
But no judge of a court of record shall be disqualified in any action,
claim, matter, motion or proceeding in which an insurance company is a
party or is interested by reason of his being a policy holder therein.
No judge shall be deemed disqualified from passing upon any litigation
before him because of his ownership of shares of stock or other
securities of a corporate litigant, provided that the parties, by their
attorneys, in writing, or in open court upon the record, waive any claim
as to disqualification of the judge.
Judge of court of record not disqualified because a resident or
a taxpayer. A judge of a court of record is not disqualified from
hearing or deciding an action, claim, matter, motion or proceeding, by
reason of his being a resident or taxpayer of a town, village, city, or
county, interested therein.
Judge prohibited from practicing law in his court. A judge shall
not practice or act as an attorney or counsellor in a court of which he
is, or is entitled to act as a member, or in an action, claim, matter,
motion or proceeding originating in that court.
Judge prohibited from practicing in cause which has been before
him. A judge or surrogate or former judge or surrogate shall not act as
attorney or counsellor in any action, claim, matter, motion or
proceeding, which has been before him in his official character.
Judge prohibited from taking fees for advice in matters before
him. A judge or other judicial officer shall not demand or receive a fee
or other compensation for giving his advice in an action, claim, matter,
motion or proceeding pending before him, or which he has reason to
believe will be brought before him for decision; or for preparing a
paper or other proceeding, relating to such action, claim, matter,
motion or proceeding; except a justice of the peace, in a case where a
fee is expressly allowed to him by law.
Judge must not be interested in costs. A judge shall not,
directly or indirectly, be interested in the costs of an action, claim,
matter, motion or proceeding, brought before him, or in a court of which
he is, or is entitled to act as a member, except an action, claim,
matter, motion or proceeding to which he is a party, or in which he is
interested.
Ex officio judge must not be interested in costs or compensation
of attorneys or counsellors in his court. An ex officio judge shall not,
directly or indirectly, be interested in the costs, or the compensation
of an attorney or counsellor, in the court of which he is ex officio a
judge.
Judge other than of court of appeals or appellate division not
to decide question argued during his absence. A judge other than a judge
of the court of appeals, or of the appellate division of the supreme
court, shall not decide or take part in the decision of a question,
which was argued orally in the court, when he was not present and
sitting therein as a judge.
Certificates as to year of birth to be filed by certain judicial
officers. Every judge, justice and surrogate of a court of record or not
of record, except a town justice or a village justice must, within ten
days after he enters on the duties of his office, execute and file in
the office of court administration a certificate stating the year in
which he was born and the time when his official term will expire either
by completion of a full term or by reason of the disability of age
prescribed in section twenty-three of this chapter. Every such judge,
justice and surrogate now holding office, unless he has already so
complied, shall similarly execute and file such certificate within sixty
days after this section as hereby amended takes effect.
Age limitation on term of judicial office. No person shall hold
the office of judge, justice or surrogate of any court, whether of
record or not of record, except a justice of the peace of a town or
police justice of a village, longer than until and including the last
day of December next after he shall be seventy years of age, except that
a judge or justice in office or elected or appointed to office at the
effective date of this section, as to whom no provision limiting his
right to hold office to the close of the year following his attaining
the age of seventy years was applicable prior to the effective date of
this section, may continue in office during the term for which he was
elected or appointed.
Compensation of judges after removal. Any judge or justice of
any court who shall be removed pursuant to section nine of article six
of the constitution, for any cause not involving moral delinquency,
shall continue to receive, until the expiration of the term for which he
was elected, or until the time fixed by this section, a sum equal to
one-half of the salary of his office as fixed by law at the time of such
removal, to be paid to him at the same times and in the same manner as
said salary was payable when he was so removed. If said sum would exceed
three thousand dollars no greater sum shall be annually paid said judge
or justice than three thousand dollars. The payment of any sum pursuant
to the provisions of this section shall cease at the death of such judge
or justice or on the last day of December next after he shall be seventy
years of age, notwithstanding the term for which he was elected shall
not then have expired. No person shall be entitled to the benefit of
this section unless the resolution of removal shall state that he is
removed for a cause not involving moral delinquency, and shall recommend
the continuance of such compensation.
Retirement of state-paid full-time judges or justices of the
unified court system and housing judges appointed pursuant to
subdivision (f) of section one hundred ten of the New York city civil
court act for disability. 1. A state-paid full-time judge or justice of
the unified court system or housing judge appointed pursuant to
subdivision (f) of section one hundred ten of the New York city civil
court act may apply for the special disability allowance provided for in
this section by filing with the appellate division of the supreme court
in which he resides (a) his petition, duly verified, stating that for
reasons specified he is incapacitated to perform the duties of his
office; and (b) his resignation. If the appellate division shall
determine that such judge or justice is incapacitated, it may make and
enter an order retiring such judge or justice from office. Upon the
filing in the office of court administration of a certified copy of such
order and such resignation, the office of such judge or justice shall be
vacant.
2. Such a judge or justice so retired from office shall, if eligible,
apply for retirement and shall retire from the retirement system or
systems of which he is a member. All such retirements shall be in
accordance with and take effect pursuant to law governing such system or
systems.
3. Any such judge or justice shall receive from the unit or units of
government responsible for the payment of his salary a special
disability allowance, which together with his pension or pensions, if
any, from such retirement system or systems, computed without optional
modification, shall equal two-thirds of the annual salary which such
judge or justice was receiving at the time of his retirement from
office; provided, however, that in no event shall the special disability
allowance exceed an amount which together with his retirement allowance
or allowances computed without optional modification will equal such
annual salary.
The cost of providing the special disability allowance shall be
apportioned among the units of government in the same ratio as such
units contributed to the total annual salary he was receiving at the
time of his retirement.
4. In the case of a judge or justice ineligible to retire, the special
disability allowance shall begin to accrue on the date of filing of the
certified copy of the order together with his resignation in the office
of court administration. In the case of a judge or justice eligible to
retire, the special disability allowance or appropriate portion thereof
shall begin to accrue on the same date as his retirement from the
retirement system of which he is a member becomes effective, or the
filing of the certified copy of the order together with his resignation,
whichever shall last occur.
5. The special disability allowance provided for in subdivision three
shall be payable on the first day of each month to each such judge or
justice until the expiration of the term for which he had been elected
or appointed or the last day of December next after he shall be seventy
years of age or his death, whichever shall first occur.
6. The special disability allowance provided for in this section shall
not reduce or suspend any retirement allowance of any such judge or
justice, notwithstanding any other provision of law.
Retirement of judicial officers. 1. A judicial officer retired
from office for disability shall, if eligible, apply for retirement and
shall retire from the retirement system or systems of which he is a
member. All such retirements shall be in accordance with and take effect
pursuant to law governing such system or systems.
2. Any such judicial officer shall receive from the unit or units of
government responsible for the payment of his salary a special
disability allowance, which together with his pension or pensions, if
any, from such retirement system or systems, computed without optional
modification, shall equal two-thirds of the annual salary which such
judicial officer was receiving at the time of his retirement from
office; provided, however, that in no event shall the special disability
allowance exceed an amount which together with his retirement allowance
or allowances computed without optional modification will equal such
annual salary.
In the case of a justice of the supreme court, the cost of providing
the special disability allowance shall be apportioned among the units of
government in the same ratio as such units contributed to the total
annual salary he was receiving at the time of his retirement from
office.
3. The special disability allowance or appropriate portion thereof
shall begin to accrue on the same date that his retirement from the
retirement system of which he is a member becomes effective. In the
case of a judicial officer ineligible to retire, the special disability
allowance shall begin to accrue on the date of the entry of the order by
the court of appeals.
4. The special disability allowance provided for in subdivision two
shall be payable to each such judicial officer on the first day of each
month until the expiration of the term for which he had been elected or
appointed or the last day of December next after he shall be seventy
years of age or his death, whichever shall first occur.
5. The special disability allowance provided for in this section shall
not reduce or suspend any retirement allowance of any such judicial
officer, notwithstanding any other provision of law.
(a) Except as provided in subdivision (b) of this section,
judgments and accounts must be computed in dollars and cents. In all
judgments or decrees rendered by any court for any debt, damages or
costs, in all executions issued thereupon, and in all accounts arising
from proceedings in courts the amount shall be computed, as near as may
be, in dollars and cents, rejecting lesser fractions; and no judgment,
or other proceeding, shall be considered erroneous for such omissions.
(b) In any case in which the cause of action is based upon an
obligation denominated in a currency other than currency of the United
States, a court shall render or enter a judgment or decree in the
foreign currency of the underlying obligation. Such judgment or decree
shall be converted into currency of the United States at the rate of
exchange prevailing on the date of entry of the judgment or decree.
Amendment of minutes of stenographer. After any ruling,
decision, remark or comment of a judge during a trial, duly objected to
or excepted to, has been made, the same shall not be altered or amended
in the minutes of such trial, furnished by the stenographer, by the
judge presiding at the trial without the consent of the party objecting
or excepting thereto whether the same is made during the charge of the
court to the jury or at any other time during the trial.
Seal of court of record. The seal of each court of record in the
state, now in use, shall continue to be the seal of the court in which
it is in use. A description of each of such seals, must be deposited and
recorded in the office of court administration, unless it has already
been done; and must remain of record.
The provisions of this section shall not be applicable in those cases
where special provisions are otherwise made by law.
Lost or destroyed seal must be replaced. When the seal of a
court is so injured, that it can not be conveniently used, the court
must cause it to be destroyed; and when the seal of a court is lost or
destroyed, the court must cause a new seal to be made, similar in all
respects to the former seal, which shall become the seal of the court.
The expense of a new seal for a county clerk, or a local court in a
city, must be paid as part of the contingent expenses of the county or
of the court, as the case requires. The expense of a new seal for any
other court, except a surrogate's court, must be paid from the state
treasury.
The provisions of this section shall not be applicable in those cases
where special provisions are otherwise made by law.
Seal of Kings county and of the county clerk, the supreme
court and the county court in said county. 1. The county of Kings, the
county clerk of said county and the supreme court and the county court
therein, shall have and use the following seal:
Description of seal
The seal shall be approximately two and one-quarter inches in diameter
and shall consist of two concentric circles. The space between the outer
and inner circles shall be colored azure blue. In the upper part of said
space shall be inscribed in capital letters the words: "SEAL OF KINGS
COUNTY," and in the lower part the words: "NEW YORK."
The interior of the inner circle shall have a white or plain
background. Upon such background shall be superimposed a relief map of
Kings county. The map shall be of orange color. It shall be subdivided
by naming and delineating thereon the boundaries of the six original
colonial towns which now comprise the county of Kings and by specifying
thereon the date of settlement or legal establishment of each of such
towns, namely: town of Flatlands, 1636; town of Gravesend, 1645; town
of Brooklyn, 1646; town of Flatbush, 1652; town of New Utrecht, 1657;
and town of Bushwick, 1660.
Above said map, inside the inner circle, shall be inscribed in capital
letters the Dutch maxim: "EENDRAGHT MAAKT MAGT." The literal English
translation of this maxim is: "Unity makes might." The meaning of this
maxim is: "In union there is strength." The maxim was originally adopted
by Peter Stuyvesant, the governor from sixteen hundred forty-six to
sixteen hundred sixty-four of the New Netherlands in America. It also
was inscribed upon the first flag of the city of Brooklyn.
Below said map, inside the inner circle, shall be inscribed in capital
letters the words: "THE SIX ORIGINAL TOWNS."
The orange color of the map is intended to symbolize the "House of
Orange" and to memorialize the Dutch who governed the New Netherlands
(which included the said six original colonial towns) until sixteen
hundred sixty-four, when they were occupied by the British.
Pictograph of seal
The following is an enlarged pictograph of said seal (the blue and
orange coloring being omitted):
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1 |
2 |
3 COPY OF Pictograph of seal |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
7 |
8 |
9____________________________________________________________|
2. The county clerk of Kings county shall cause the design of said
seal (in black and white, the orange and blue colors being omitted) to
be engraved upon metal. From time to time he shall obtain and make
available, and keep in good order and repair as many of such engraved
metal seals as may be necessary for the proper performance of the duties
of his office and of the duties of the clerks and officers in the
supreme court and county court authorized to use said seal. All the
expense incurred by the county clerk incident to said seal shall be a
county charge against the county of Kings.
3. Such seal shall be used and affixed only: (a) by the county clerk
of Kings county or by any deputy or clerk duly authorized by him; and
(b) by any justice of the supreme court resident in Kings county or by
any judge of the county court in said county, or by any clerk or officer
duly authorized by said justice or judge.
4. The use of said seal or of any replica or simulation thereof, in
form or substance, by any unauthorized person or for any wrongful
purpose, is prohibited. Any violation of this prohibition shall be
deemed to be a misdemeanor and punishable as such.
Seal of New York county and of the county clerk and the
supreme court. 1. The county of New York, the county clerk of said
county and the supreme court therein, shall have and use the following
seal:
Description of Seal
The seal shall be approximately two and one-quarter inches in diameter
and shall consist of two concentric circles. The upper part of the space
between such circles shall be inscribed with the words, in capital
letters, "COUNTY OF NEW YORK," and in the lower part shall be inscribed
"NOVEMBER 1, 1683," and such seal, further, shall bear the following:
Arms: Upon a shield, saltire wise, the sails of a windmill. Between
the sails, in chief a beaver, in base a beaver, and on each flank a
flour barrel.
Supporters: Dexter, a sailor, his right arm bent, and holding in his
right hand a plummet; his left arm bent, his left hand resting on the
top of the shield; above his right shoulder a cross-staff. Sinister, an
Indian of Manhattan, his right arm bent, his right hand resting on top
of the shield, his left hand holding the upper end of a bow, the lower
end of which rests on the ground. Shield and supporters resting upon a
horizontal laurel branch.
Date: Beneath the horizontal laurel branch the date 1664, being the
year of the capture of New Amsterdam by the English and the first use of
the name of the city of New York.
Crest: Upon a hemisphere, an American eagle with wings displayed.
Legend: Upon a ribbon encircling the lower half of the design the
words "Sigillum Civitatis Novi Eboraci".
Pictograph of Seal
The following is an enlarged pictograph of said seal:
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1 |
2 |
3 COPY OF Pictograph of Seal |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
7 |
8 |
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2. The county clerk of New York county shall cause the design of said
seal (in black and white) to be engraved upon metal. From time to time
he shall obtain and make available, and keep in good order and repair as
many of such engraved metal seals as may be necessary for the proper
performance of the duties of his office and of the duties of the clerks
and officers in the supreme court authorized to use said seal. All the
expense incurred by the county clerk incident to said seal shall be a
county charge against the county of New York.
3. Such seal shall be used and affixed only: (a) by the county clerk
of New York county or by any deputy or clerk duly authorized by him; and
(b) by any justice of the supreme court resident in New York county, or
by any clerk or officer duly authorized by said justice.
4. The use of said seal or of any replica or simulation thereof, in
form or substance, by any unauthorized person or for any wrongful
purpose, is prohibited. Any violation of this prohibition shall be
deemed to be a misdemeanor and punishable as such.
Seal of Franklin county and of the county clerk and the
supreme court. 1. The county of Franklin, the county clerk of said
county and the supreme court therein, shall have and use the following
seal:
Description of Seal
The Seal shall be approximately 2 1/4 inches in diameter and shall
consist of two concentric circles; the inner circle to be divided into
four parts; the upper part of the space between such circles shall be
inscribed with the words in capital block letters "FRANKLIN COUNTY" in
the lower part shall be inscribed in capital block letters the word
"SEAL", and such Seal shall further bear the following: a farm scene
depicting a barn and silo in the upper left-hand one-quarter; a winter
scene of a person skiing in the upper right hand one-quarter; a scene of
a woodland stream in the lower right-hand one-quarter and a scene of a
deer in the lower left-hand one-quarter. It is intended that the
foregoing scenes depict acts found in Franklin county, including
farming, skiing, hiking, fishing and hunting.
2. The county clerk of Franklin county shall cause the design of said
seal (in black and white) to be engraved upon metal. From time to time
he shall obtain and make available, and keep in good order and repair as
many of such engraved metal seals as may be necessary for the proper
performance of the duties of his office and of the duties of the clerks
and officers in the supreme court authorized to use said seal. All the
expense incurred by the county clerk incident to said seal shall be a
county charge against the county of Franklin.
3. Such seal shall be used and affixed only: (a) by the county clerk
of Franklin county or by any deputy or clerk duly authorized by him; and
(b) by any justice of the supreme court resident in Franklin county, or
by any clerk or officer duly authorized by said justice.
4. The use of said seal or of any replica or simulation thereof, in
form or substance, by any unauthorized person or for any wrongful
purpose, is prohibited. Any violation of this prohibition shall be
deemed to be a misdemeanor and punishable as such.
Seal of Albany county and of the county clerk and the supreme
court. 1. The county of Albany, the county clerk of said county and the
supreme court therein, shall have and use the following seal:
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1 |
2 |
3 COPY OF Seal of Albany county |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
7 |
8 |
9____________________________________________________________|
Description of Seal
The Seal shall consist of two concentric circles; the upper part of the
space between such circles shall be inscribed with the words in capital
block letters "SEAL OF THE COUNTY OF ALBANY," the lower part shall be
inscribed in capital block letters the year "1683", and inside the inner
circle such Seal shall bear the following: a depiction in outline form
of Henry Hudson's ship "Half Moon," encircled by leaves and berries of a
holly plant, joined by ribbon at bottom. Said flora shall represent the
county's natural heritage, while said ship shall represent the historic
nature of the county as the northernmost point of Hudson's voyage up the
great river now bearing his name and defining the county's eastern
border. Said year of 1683 represents the year of creation of the County
of Albany.
2. The county clerk of Albany county shall cause the design of said
seal (in black and white) to be engraved upon metal. From time to time
he or she shall obtain and make available, and keep in good order and
repair as many of such engraved metal seals as may be necessary for the
proper performance of the duties of the office and of the duties of the
clerks and officers in the supreme court authorized to use said seal.
All the expense incurred by the county clerk incident to said seal shall
be a county charge against the county of Albany.
3. Such seal shall be used and affixed only: (a) by the county clerk
of Albany county or by any deputy or clerk duly authorized by him; (b)
by any justice of the supreme court resident in Albany county, or by any
clerk or officer duly authorized by said justice; and (c) the County
Executive or other person authorized by law to execute official
documents on behalf of the county.
4. The use of said seal or of any replica or simulation thereof, in
form or substance, by any unauthorized person or for any wrongful
purpose, is prohibited. Any violation of this prohibition shall be
deemed to be a misdemeanor and punishable as such.
Seal of Livingston county and of the county clerk and the
supreme court. 1. The county of Livingston, the county clerk of said
county and the supreme court therein, shall have and use the following
seal:
Description of Seal
The Seal shall be approximately 2 1/4 inches in diameter and shall
consist of two concentric circles. The space between the outer and inner
circles shall have a white or plain background; the upper part of the
space between such circles shall be inscribed with the words in capital
block letters "LIVINGSTON COUNTY" and in the lower part shall be
inscribed with the words in capital block letters "NEW YORK STATE." The
interior circle shall have a dark background. Upon such background shall
be superimposed a relief map of Livingston county. The map shall have a
white or plain background and shall bear a depiction of the cupola of
the Livingston county courthouse with the numbers "1821" located below
the cupola.
The following is an enlarged pictograph of said seal:
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1 |
2 |
3 COPY OF Seal of Livingston county |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
7 |
8 |
9____________________________________________________________|
2. The county clerk of Livingston county shall cause the design of
said seal (in black and white) to be engraved upon metal. From time to
time he shall obtain and make available, and keep in good order and
repair as many of such engraved metal seals as may be necessary for the
proper performance of the duties of his office and of the duties of the
clerks and officers in the supreme court authorized to use said seal.
All the expense incurred by the county clerk incident to said seal shall
be a county charge against the county of Livingston.
3. Such seal shall be used and affixed only:
(a) by the county clerk of Livingston county or by any deputy or clerk
duly authorized by him; and
(b) by any justice of the supreme court resident in Livingston county,
or by any clerk or officer duly authorized by said justice.
4. The use of said seal or of any replica or simulation thereof, in
form or substance, by any unauthorized person or for any wrongful
purpose, is prohibited. Any violation of this prohibition shall be
deemed to be a misdemeanor and punishable as such.
Seal of Cortland county and of the county clerk, the supreme
court and the county court in said county. 1. The county of Cortland,
the county clerk of said county and the supreme court and the county
court therein shall have and use the following seal:
Description of Seal
The seal shall be approximately 2 1/4 inches in diameter. The outer
border shall consist of inverted scallops with an inner smooth circle
border. Along the upper outside of the circle shall be the inscription
in capital block lettering "SEAL OF CORTLAND COUNTY, N.Y." Along the
lower outside of the circle shall be the inscription in capital block
lettering "A.D. 1808." The center shall consist of a shield topped by an
eagle and wreath of laurels. The shield shall feature 13 stars in a
field of blue, above a red and white striped base. The left side of the
seal shall consist of a man with a sheaf of wheat. The right side of the
seal shall consist of a man with a hammer and wheel, with a factory
behind. Both men shall have hands resting on the center shield. The
foreground of the seal, at the base of the shield shall consist of a
mound of Cortland apples.
2. The county clerk of Cortland county shall cause the design of said
seal (in black and white) to be engraved upon metal. From time to time
the county clerk shall obtain and make available, and keep in good order
and repair as many of such engraved metal seals as may be necessary for
the proper performance of the duties of the office and of the duties of
the clerks and officers in the supreme and county courts authorized to
use said seal. All the expense incurred by the county clerk incident to
said seal shall be a county charge against the county of Cortland.
3. Such seal shall be used and affixed only:
(a) by the county clerk of Cortland county or by any deputy or clerk
duly authorized by them;
(b) by any judicial clerk of the supreme or county court resident in
Cortland county, duly authorized by said county clerk; and
(c) any county officer or other person authorized by law to execute
official documents on behalf of the county.
4. The use of said seal or of any replica or simulation thereof, in
form or substance, by any unauthorized person or for any wrongful
purpose, is prohibited. Any violation of this prohibition shall be
deemed to be a misdemeanor and punishable as such.
Seals and records of former superior city courts. The seals,
books, files, records, papers and documents of the superior court of the
city of New York, the court of common pleas for the city and county of
New York, the superior court of Buffalo, and the city court of Brooklyn,
shall be deposited in the offices of the clerks of the several counties
in which said courts have heretofore existed, and shall be kept and
preserved by said clerks, separate and apart from the other books,
records, papers and documents in their respective offices, and shall be
kept in charge of special deputy-clerks, to be designated by said county
clerks, so as to be readily accessible for inspection; and the justices
of the supreme court, and the said clerks of the said several counties,
respectively, shall have the same powers with respect to the said books,
files, records, papers and documents as the judges and clerks of said
superior court of the city of New York, and the court of common pleas
for the city and county of New York, the superior court of Buffalo and
the city court of Brooklyn, respectively, had and possessed in reference
thereto.
Expense of certain criminal prosecutions to be borne by the
state. The expenses of an investigation or prosecution in any county of
a matter or charge connected with, growing out of or relating to a
contract or contracts between the state, or any department, board,
commission or officer thereof, and any individual, firm or corporation,
if such prosecution or investigation shall have been ordered, directed,
or recommended by the governor, the legislature, a joint committee of
both houses of the legislature or a committee of either house, shall be
borne by the state. Such expenses shall be paid in the first instance by
the county, as the expenses of other criminal investigations or
prosecutions therein, but the county shall be reimbursed therefor out of
moneys appropriated for such purpose. Payments by the state under this
section shall be made from the treasury on the audit and warrant of the
comptroller to the order of the treasurer of the proper county, upon his
certified statement of the items of expenses paid by the county on
account of such investigations or prosecutions, accompanied by the
written approval of the attorney-general thereon. Such payments may be
made at any time during the pendency of any such investigation or
prosecution, for expenses accrued and paid by the county to the date of
the account, but not oftener than once in three months.
Apportionment of expenses related to salaries or compensation
paid by the state in the first instance. Whenever in this chapter
provision is made for the apportionment among counties of salaries or
compensation paid by the state in the first instance, such apportionment
shall also include expenses attributable to such salaries or
compensation, including but not limited to: contributions to the New
York state employees' retirement system, including a proportionate part
of the administrative expense thereof; the employer's share of the
premium for the coverage of the officers or employees receiving such
salaries or compensation under the health insurance plan created by
article eleven of the civil service law, and a proportionate share of
the expenses of the administration of such plan; and contributions to
the social security contribution fund; provided, however, that in the
case of any such expenses attributable to the salaries or compensation
of justices and official referees of the supreme court, there shall be
apportioned among the counties of any judicial district or judicial
department only a portion of such expenses bearing the same relation to
the total thereof as the amount of such salaries or compensation
apportioned among such counties bears to the total of the salaries or
compensation payable to such justices and official referees of the
supreme court.
The amounts of salaries, compensation and such expenses to be
apportioned among the counties of any judicial district or judicial
department shall be certified to the department of taxation and finance
by the comptroller not later than the first day of July in each year.
Assignment of counsel to indigent persons and appointment of
physicians in certain proceedings. 1. a. When a court orders a hearing
in a proceeding upon a writ of habeas corpus to inquire into the cause
of detention of a person in custody in a state institution, or when it
orders a hearing in a civil proceeding to commit or transfer a person to
or retain a person in a state institution when such person is alleged to
be mentally ill, mentally defective or a person with substance use
disorder, or when it orders a hearing for the commitment of the
guardianship and custody of a child to an authorized agency by reason of
the mental illness or developmental disability of a parent, or when it
orders a hearing to determine whether consent to the adoption of a child
shall be required of a parent who is alleged to be mentally ill or
developmentally disabled, or when it orders a hearing to determine the
best interests of a child when the parent of the child revokes a consent
to the adoption of such child and such revocation is opposed or in any
adoption or custody proceeding if it determines that assignment of
counsel in such cases is mandated by the constitution of this state or
of the United States, the court may assign counsel to represent such
person if it is satisfied that such person is financially unable to
obtain counsel. Upon an appeal taken from an order entered in any such
proceeding, the appellate court may assign counsel to represent such
person upon the appeal if it is satisfied that such person is
financially unable to obtain counsel.
b. Upon an appeal in a criminal action or in a proceeding in the
family court or surrogate's court wherein the defendant or person
entitled to counsel pursuant to the family court act or surrogate's
court procedure act, is financially unable to obtain counsel, the court
of appeals or the appellate division of the supreme court may assign
counsel other than in the manner as is prescribed in section seven
hundred twenty-two of the county law only when it is satisfied that
special circumstances require such assignment.
2. The chief administrator of the courts may enter into an agreement
with a legal aid society for the society to provide assigned counsel in
the proceedings specified in subdivision one of this section. The
agreement shall be in a form approved by the chief administrator and
shall provide a general plan for a program of assigned counsel services
to be provided by such society. It shall also provide that the society
shall be reimbursed on a cost basis for services rendered.
3. a. No counsel assigned pursuant to this section shall seek or
accept any fee for representing the person for whom he or she is
assigned without approval of the court as herein provided. Whenever it
appears that such person is financially able to obtain counsel or make
partial payment for the representation, counsel may report this fact to
the court and the court may terminate the assignment or authorize
payment, as the interests of justice may dictate, to such counsel.
Counsel assigned hereunder shall at the conclusion of the representation
receive compensation at a rate of one hundred fifty-eight dollars per
hour for time expended in court, and one hundred fifty-eight dollars per
hour for time reasonably expended out of court, and shall receive
reimbursement for expenses reasonably incurred.
b. For representation upon a hearing, compensation and reimbursement
shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed ten thousand dollars. For representation
in an appellate court, compensation and reimbursement shall be fixed by
such court and such compensation shall not exceed ten thousand dollars.
In extraordinary circumstances the court may provide for compensation in
excess of the foregoing limits.
4. In any proceeding described in paragraph a of subdivision one of
this section, when a person is alleged to be mentally ill, mentally
defective or a person with substance use disorder, the court which
ordered the hearing may appoint no more than two psychiatrists,
certified psychologists or physicians to examine and testify at the
hearing upon the condition of such person. A psychiatrist, psychologist
or physician so appointed shall, upon completion of their services,
receive reimbursement for expenses reasonably incurred and reasonable
compensation for such services, to be fixed by the court. Such
compensation shall not exceed three thousand dollars, except that in
extraordinary circumstances the court may provide for compensation in
excess of the foregoing limits.
4-a. In any proceeding under article ten of the mental hygiene law,
the court which ordered the hearing may appoint no more than two
psychiatrists, certified psychologists or physicians to examine and
testify at the hearing upon the condition of such person. A
psychiatrist, psychologist or physician so appointed shall, upon
completion of his or her services, receive reimbursement for expenses
reasonably incurred and reasonable compensation for such services, to be
fixed by the court in accordance with subdivision (a) of section 10.15
of the mental hygiene law.
5. All expenses for compensation and reimbursement under this section
shall be a state charge to be paid out of funds appropriated to the
administrative office for the courts for that purpose. Any rules and
orders respecting the assignment and compensation of counsel, and the
appointment and compensation of psychiatrists, psychologists or
physicians pursuant to this section and the form and manner of
processing of a claim submitted pursuant to this section shall be
adopted by the chief administrator. Each claim for compensation and
reimbursement pursuant to subdivisions three and four of this section
shall be submitted for approval to the court which made the assignment
or appointment, and shall be on such form as the chief administrator may
direct. After such claim is approved by the court, it shall be certified
to the comptroller for payment by the state, out of the funds
appropriated for that purpose.
6. Assigned counsel and guardians ad litem appointed pursuant to the
provisions of title two of article nine-B of the social services law
shall be compensated in accordance with the provisions of this section.
7. Whenever the supreme court or a surrogate's court shall appoint
counsel in a proceeding over which the family court might have exercised
jurisdiction had such action or proceeding been commenced in family
court or referred thereto pursuant to law, and under circumstances
whereby, if such proceeding were pending in family court, such court
would be authorized by section two hundred forty-nine of the family
court act to appoint an attorney for the child, such counsel shall be
compensated in accordance with the provisions of this section.
8. Whenever supreme court shall exercise jurisdiction over a matter
which the family court might have exercised jurisdiction had such action
or proceeding been commenced in family court or referred thereto
pursuant to law, and under circumstances whereby, if such proceedings
were pending in family court, such court would be required by section
two hundred sixty-two of the family court act to appoint counsel,
supreme court shall also appoint counsel and such counsel shall be
compensated in accordance with the provisions of this section.
Statements to be filed by judges or justices fixing or
approving fees, commissions, or other compensation for persons appointed
by courts to perform services in actions and proceedings. 1. (a) On the
first business day of each week any judge or justice who has during the
preceding week fixed or approved one or more fees or allowances of more
than five hundred dollars for services performed by any person appointed
by the court in any capacity, including but not limited to appraiser,
special guardian, guardian ad litem, general guardian, referee, counsel,
special referee, auctioneer, special examiner, conservator, committee of
incompetent or receiver, shall file a statement with the office of court
administration on a form to be prescribed by the state administrator.
The statement shall show the name and address of the appointee, the
county and the title of the court in which the services of the appointee
were performed, the court docket index or file number assigned to the
action or proceeding, if any, the title of the action or proceeding, the
nature of the action or proceeding, the name of the judge or justice who
appointed the person, the person or interest which the appointee
represented, whether or not the proceeding was contested, the fee fixed
or approved by the judge or justice, the gross value of the subject
matter of the proceeding, the number of hours spent by the appointee in
performing the service, the nature of the services performed and such
other information relating to the appointment as the state administrator
shall require. The judge or justice shall certify that the fee,
commission, allowance or other compensation fixed or approved is a
reasonable award for the services rendered by the appointee, or is fixed
by statute. If the fee, commission, allowance or other compensation for
services performed pursuant to an appointment described in this section
is either specified as to amount by statute or fixed by statute as a
percentage of the value of the subject matter of the action or
proceeding, the judge or justice shall specify the statutory fee,
commission or allowance and shall specify the section of the statute
authorizing the payment of the fee, commission, allowance or other
compensation.
(b) Paragraph (a) shall not apply to any compensation awarded to
appointees assigned to represent indigent persons pursuant to Article
18-B of the county law, counsel assigned pursuant to section thirty-five
of the judiciary law or counsel appointed pursuant to the family court
act.
(c) Any judge or justice who fixes or approves compensation for
services performed by persons appointed as referees to examine accounts
of incompetents pursuant to section 78.25 of the mental hygiene law
shall file, annually, with the office of court administration a
statement containing such information regarding such appointments as the
state administrator shall require.
2. The office of court administration shall annually submit to the
appellate division of the supreme court in each of the judicial
departments of the state a report containing a summary of the
information contained in the statements filed with it pursuant to this
section by the judges and justices sitting in courts in that department
during the preceding year. Each appellate division of the supreme court
shall keep and file such reports and shall have power to make such rules
respecting the supervision of all such court appointees within its
judicial department as it may deem necessary.
3. The statements and reports required by this section shall be
matters of public record and available for public inspection. Each court
may permit the information contained therein to be made available for
publication at such times and in such manner as it may deem proper.
Assignment of counsel and related services in criminal actions
in which a death sentence may be imposed. 1. Notwithstanding any other
provision of law to the contrary, in every criminal action in which a
defendant is charged with murder in the first degree as defined in
section 125.27 of the penal law, or in any criminal action in which a
defendant is charged with murder in the second degree as defined in
section 125.25 of the penal law and the district attorney confirms upon
inquiry by the court that the district attorney is undertaking an
investigation to determine whether the defendant can or should be
charged with murder in the first degree as defined in section 125.27 of
the penal law and the court determines that there is a reasonable
likelihood the defendant will be so charged, if the defendant is or
becomes financially unable to obtain adequate representation or
investigative, expert or other reasonably necessary services at any time
either (a) prior to judgment, or (b) after the entry of a judgment
imposing a sentence of death but before final resolution of a direct
appeal pursuant to subdivision one of section 450.70 of the criminal
procedure law and of an appeal pursuant to subdivision two or three of
section 450.70 of the criminal procedure law from an order denying an
initial post judgment motion pursuant to section 440.10 or 440.20 of the
criminal procedure law, the defendant shall be entitled to the
appointment of counsel and investigative, expert and such other
reasonably necessary services in accordance with the provisions of this
section. Prior to the appointment of counsel pursuant to this section,
the court shall determine whether the defendant is or has become
financially unable to obtain adequate representation. In the event such
defendant seeks to file any subsequent motion, he or she shall not be
eligible for the appointment of counsel pursuant to this section.
2. The appointment of counsel shall be made by the trial court if made
prior to the entry of a judgment including a sentence of death or by the
court of appeals, except as otherwise provided in this subdivision, if
made after the entry of a judgment including a sentence of death. With
respect to counsel at trial and at a separate sentencing proceeding, the
court shall appoint two attorneys, one to be designated "lead" counsel
and the other to be designated "associate" counsel. The appointment of
any such counsel shall be made from a list of four proposed teams of
qualified lead and associate counsel provided to the appropriate court
by the capital defender office. Alternatively, the court may, with the
consent of the capital defender office, appoint the office to represent
the defendant. At least one of the proposed teams of qualified lead and
associate counsel on any list submitted pursuant to this subdivision
shall regularly practice within the judicial department in which the
defendant has been charged. With respect to a jurisdiction in which the
capital defender office has entered into an agreement to provide
representation with a legal aid society, office of public defender or
other not-for-profit organization providing criminal defense services,
the capital defender office may designate the society, public defender
or organization for appointment as counsel pursuant to this section and
need not submit a list of four proposed teams of qualified lead and
associate counsel for appointment. In the event that counsel is not
appointed pursuant to the foregoing provisions of this subdivision, the
court may appoint any attorney whose name appears on a roster
established pursuant to subdivision five of this section for appointment
as lead or associate counsel. In the event no such attorney is
available, the court may appoint an attorney eligible for appointment
pursuant to article eighteen-B of the county law who is competent to
represent defendants charged with murder and other serious felonies.
With respect to an appeal from a judgment including a sentence of death,
the court of appeals shall assign lead counsel only, but for good cause
shown, the court may assign associate counsel. With respect to an
initial motion pursuant to section 440.10 or 440.20 of the criminal
procedure law, and any appeal therefrom, the appropriate court shall
assign lead counsel only. The trial court shall assign counsel in
connection with such a motion and the court of appeals shall assign
counsel in connection with any appeal therefrom.
3. There is hereby created a capital defender office, to be governed
by a three member board of directors. No attorney who is employed as a
judge, prosecutor or in a law enforcement capacity shall be eligible to
serve on such board. The board members shall be appointed in the
following manner: one member shall be appointed by the chief judge of
the court of appeals, one member shall be appointed by the temporary
president of the senate and one member shall be appointed by the speaker
of the assembly. Each member shall be appointed to serve a three year
term and vacancies shall be filled in the same manner as the original
appointment. Members of the board shall receive no compensation but
shall be reimbursed all reasonable and necessary expenses incidental to
their duties.
4. Within the amounts appropriated therefor:
(a) The board of directors shall have the authority to appoint a
capital defender, who shall have the authority in consultation with the
board of directors to hire attorneys as deputy capital defenders,
investigators and such other staff as the capital defender and the board
of directors deem necessary to effectuate the purposes of the capital
defender office.
(b) The capital defender office shall be authorized as follows:
(i) Upon appointment in accordance with the provisions of this
section, to act as counsel for defendants and to furnish such
investigative, expert and other reasonably necessary services as the
capital defender deems appropriate;
(ii) To provide legal or other advice or, to the extent not otherwise
available, any other assistance to counsel appointed pursuant to this
section;
(iii) To provide investigative, expert or other reasonably necessary
services to defendants charged with murder in the first degree who are
not represented by the capital defender office, provided that such
defendants (A) are or have become financially unable to obtain adequate
investigative, expert or other reasonably necessary services and are
represented by counsel appointed pursuant to this section, and (B) have
obtained pursuant to this section the approval of a trial court for the
same investigative, expert or other reasonably necessary services,
provided, however, that such defendants have not received such services
from other sources;
(iv) To determine, in consultation with the administrative board of
the judicial conference, proposed minimum standards for lead and
associate counsel in capital cases. In determining the minimum
standards, the capital defender office in consultation with the
administrative board of the judicial conference shall consider among
other factors both the needs of the state for an adequate number of
attorneys to represent defendants in capital cases and the needs of
defendants in capital cases for competent counsel. The minimum
standards, and any modifications thereto which the capital defender
office in consultation with the administrative board of the judicial
conference may from time to time propose, shall be submitted for
approval to the court of appeals. Prior to approving the minimum
standards and any modifications thereto the court shall invite the
submission of written comments from interested parties;
(v) To provide continuing legal education, training, advice and
assistance to attorneys representing or seeking to represent defendants
in capital cases; and
(vi) To enter into an agreement with a legal aid society, office of
public defender or other not-for-profit organization providing criminal
defense services to designate and provide counsel pursuant to this
section. Any agreement shall require that the society, public defender
or organization effectuate the purposes and provisions of this section
and may be terminated by the capital defender office by serving notice
on the society, public defender or organization sixty days prior to the
effective date of termination. Upon the termination of any agreement,
the representation provided by the society, public defender or
organization shall continue until the proceeding is concluded or the
court relieves the society, public defender or organization and appoints
successor counsel pursuant to this section. The capital defender office
may require such reports as it deems necessary in connection with such
agreement and shall monitor compliance with its terms. A society,
public defender or organization which enters into an agreement pursuant
to this section shall not be the exclusive provider of counsel within
such society's, public defender's or organization's jurisdiction. In
the event that a defendant is not represented by such a society, public
defender or organization due to a conflict, counsel shall be appointed
in accordance with the provisions of subdivision two of this section.
5. (a) A screening panel shall be established in each judicial
department consisting of four members, two of whom shall be appointed by
the board of directors of the capital defender office and two of whom
shall be appointed by the presiding justice of each judicial department.
Each screening panel shall establish and periodically update a roster of
attorneys qualified for appointment as lead counsel or associate counsel
pursuant to the provisions of this section. The capital defender
office, in consultation with the administrative board of the judicial
conference, shall promulgate regulations to provide that qualified
attorneys whose names appear on such rosters and who wish to be
appointed to represent defendants in capital cases, are given fair
opportunity to receive such appointments. Each screening panel shall
also promulgate and periodically update, in consultation with the
administrative board of the judicial conference, a schedule of fees to
be paid attorneys pursuant to this section in each department, which
schedule shall be subject to the approval of the court of appeals. Prior
to approving fee schedules, the court shall invite the submission of
written comments from interested parties. Fee schedules shall be
promulgated and approved after reviewing the rates of compensation
generally paid in the department to attorneys with substantial
experience in the representation of defendants charged with murder or
other serious felonies, and shall be adequate to ensure that qualified
attorneys are available to represent defendants eligible to receive
counsel pursuant to this section.
(b) Each appellate division, in consultation with the screening panel,
shall establish the rates of fees and expenses to be paid for expert,
investigative and other reasonably necessary services pursuant to this
section.
6. (a) When a defendant has been charged in an accusatory instrument
with murder in the first degree as defined in section 125.27 of the
penal law or with murder in the second degree as defined in section
125.25 of the penal law, the district attorney shall notify the capital
defender office.
(b) The clerk of the superior court wherein a judgment that includes a
sentence of death has been entered and the clerk of the court of appeals
upon an order affirming a judgment that includes a sentence of death
shall notify the capital defender office of the judgment or order.
Notice need not be given when the defendant has retained counsel of his
or her own choosing or when appellate or post-conviction counsel has
already been appointed pursuant to this section and when counsel advises
that he or she will continue to act on the defendant's behalf.
(c) Notice to the capital defender office required pursuant to
paragraph (a) or (b) of this subdivision shall consist of telephone,
facsimile, E-mail or other prompt electronic means of notification
forthwith, which shall be followed by first class mail notification
within two business days of the charge, sentence or affirmance. The
failure to give notice shall not affect the validity of any indictment,
conviction, judgment or order.
7. Whenever a defendant is charged with murder in the first degree, or
a defendant has been charged with murder in the second degree as defined
in section 125.25 of the penal law and the court determines after
confirmation by the district attorney pursuant to subdivision one of
this section that there is a reasonable likelihood the defendant will be
charged with murder in the first degree and the defendant is financially
unable to obtain counsel as determined by the court and an attorney has
not yet been appointed to represent such defendant pursuant to the
provisions of this section, the capital defender office may provide or
arrange to provide temporary legal representation to the defendant. No
arraignment shall be delayed on account of any representation to be
provided or arranged pursuant to this subdivision. Any temporary
representation provided pursuant to this subdivision shall cease upon
the court's appointment of an attorney pursuant to this section.
8. Whenever prior to entry of judgment a defendant is charged with
murder in the first degree, or a defendant has been charged with murder
in the second degree as defined in section 125.25 of the penal law and
the court determines after confirmation by the district attorney
pursuant to subdivision one of this section that there is a reasonable
likelihood the defendant will be charged with murder in the first
degree, and the defendant is or becomes financially unable, as
determined by the court, to obtain adequate investigative, expert or
other reasonably necessary services and the court has not appointed the
capital defender office to represent the defendant, the trial court
shall authorize the defendant's attorney to obtain such services on
behalf of the defendant and shall order the payment of reasonable fees
and expenses therefor; provided, however, that the court shall first
find in an ex parte proceeding that such investigative, expert or other
services are reasonably necessary for the representation of the
defendant whether in connection with issues relating to guilt or
sentencing. Upon a finding that timely procurement of such services
could not practicably await prior authorization, the court may authorize
the provision and payment for such services nunc pro tunc. Whenever a
court disapproves, in whole or in part, a request for authorization or
voucher, the defendant may apply to a justice of an intermediate
appellate court for an order approving the request or voucher.
9. Any compensation, fee or expense to be paid pursuant to this
section shall be a state charge payable on vouchers approved by the
court which fixed the same, after audit by and on the warrant of the
comptroller. Each claim for compensation and reimbursement shall be
supported by a sworn statement specifying the time expended, services
rendered, expenses incurred and reimbursement or compensation applied
for or received in the same case from any other source. With respect to
compensation to be paid to counsel pursuant to this section, the
appropriate court shall review and determine the reasonableness of the
number of hours expended out of court.
10. Whenever it appears that a defendant is financially able to obtain
adequate representation or investigative, expert or other such services,
or to make partial payment for such representation or other services,
counsel shall inform the court and the court may terminate the
assignment of counsel or authorize payment, as the interests of justice
may dictate, to the capital defender office or the state.
11. The provisions of this section shall cease to apply on the tenth
day, or such later day as the court may determine to be reasonably
necessary to provide for successor counsel if prior counsel is to be
relieved, following the entry of either a final judgment or order not
subject to further review by an appellate court, or a prosecutorial
determination, which necessarily precludes an imposition of a sentence
of death, whereupon the provisions of article eighteen-A or article
eighteen-B of the county law shall be applicable.
12. Nothing in this section shall be construed to authorize the
appointment of counsel, investigative, expert or other services or the
provision of assistance, other than continuing legal education, training
and advice, with respect to the filing, litigation, or appeal of a
petition for a writ of habeas corpus in any federal court; nor shall
anything in this section be construed to authorize the appointment of
attorneys, investigative, expert or other services in connection with
any proceedings other than trials, including separate sentencing
proceedings, of defendants charged with murder in the first degree,
appeals from judgments including a sentence of death, and initial
motions pursuant to section 440.10 or 440.20 of the criminal procedure
law and any appeals therefrom.
Personal assistants to judges and justices. 1. Notwithstanding
any other provisions of law, each justice of the supreme court may
appoint and at pleasure remove one law clerk and one secretary, subject
to standards and administrative policies promulgated pursuant to section
twenty-eight of article six of the constitution.
2. Should a judge or justice of the unified court system cease to hold
office for any reason other than expiration of his term, his personal
assistants shall continue in office until a successor is appointed or
elected to fill such vacancy. Until such vacancy is filled, the chief
administrator of the courts shall determine the functions to be
performed by such personal assistants.
Salary plan for non-judicial employees. 1. Salary schedules for
nonjudicial officers and employees allocated to salary grades;
promulgation; placement thereon. (a) The chief administrator of the
courts shall promulgate salary schedules for state-paid positions in the
unified court system, allocated to salary grades, in accordance with
law.
(b) This paragraph shall apply to each nonjudicial officer or employee
of the unified court system in a position allocated to a salary grade
and paid pursuant to a salary schedule, who moves to another position
allocated to the same salary grade, provided (i) his or her former
position is in a collective negotiating unit established pursuant to
article fourteen of the civil service law and his or her new position is
in another collective negotiating unit or not in any such unit, or (ii)
his or her former position is not in a collective negotiating unit and
his or her new position is in such a unit. Each such nonjudicial officer
or employee shall receive a basic annual salary upon such movement, to
be determined as follows:
(1) Where his or her new position is paid pursuant to the same salary
schedule as his or her former position, such nonjudicial officer or
employee shall be paid the same basic annual salary in his or her new
position as he or she received in his or her former position.
(2) Where his or her new position is paid pursuant to a salary
schedule ("new salary schedule"), which is different from the salary
schedule pursuant to which he or she was paid in his or her former
position ("former salary schedule"), he or she shall be placed on such
new salary schedule and paid a basic annual salary on such new salary
schedule which shall equal a rate that represents the same proportion of
the maximum salary of his or her grade on the new salary schedule, as
his or her basic annual salary under the former salary schedule
represented of the maximum salary of his or her grade on such former
salary schedule.
2. All state-paid positions in the competitive, non-competitive and
labor classes in the unified court system shall be allocated to a salary
grade by the administrative board of the judicial conference and shall
be paid in accordance with this section. In the discretion of the
administrative board any or all state-paid exempt class positions may
also be so paid, within the appropriation available therefor.
3. Additional increment. Notwithstanding any inconsistent provision of
this chapter, when an employee holding a position allocated to a salary
grade prescribed in subdivision one of this section has reached, on or
after April first, nineteen hundred ninety-nine, a salary equal to or in
excess of the maximum salary of the grade of his or her position and
thereafter has rendered continuous service in such position, or in a
position in the same salary grade, he or she shall be entitled, on the
first day of the fiscal year following completion of four years of such
service, to an additional increment of the grade to which his or her
position is allocated, and following completion of eight years of such
service, to a second additional increment of such grade. The salary of
such employee shall not be increased, pursuant to the provisions of this
subdivision, to an amount in excess of the maximum salary of the grade
of his or her position plus one additional increment of such grade or,
upon qualifying for such second additional increment, to an amount in
excess of the maximum salary of the grade of his or her position plus
two additional increments of such grade.
For the purposes of this subdivision: (a) an employee who has reached
a salary equal to or in excess of the maximum salary of the grade of his
position and whose position, on or after April first, nineteen hundred
seventy-two is reallocated to a higher salary grade shall be deemed to
have had continuous service at the maximum salary of the grade of his
position, notwithstanding the fact that, as a result of such
reallocation, he is not receiving the maximum salary of the higher
salary grade to which his position is reallocated;
(b) an employee who has not reached the maximum salary of the grade of
his position and whose position, on or after April first, nineteen
hundred seventy-two is reallocated to a higher salary grade shall be
deemed to have reached the maximum salary of the grade of his position
on the date on which he would otherwise have reached the maximum salary
of the grade from which his position was reallocated;
(c) when a position, on or after April first, nineteen hundred
seventy-two, is reclassified to a title allocated to a higher salary
grade, with no substantial change in duties and responsibilities from
those associated with the former title, the incumbent's eligibility for
additional increments authorized by this subdivision shall be determined
as though his position had been reallocated to such higher salary grade;
such employee shall not be deemed to be appointed or promoted to a
position in a higher grade for purposes of determining his salary
therein;
(d) when an employee is appointed or promoted to a position in a
higher salary grade or, in a case not subject to the provisions of
paragraph (c) of this subdivision, when a position is reclassified to a
title allocated to a higher salary grade and the incumbent thereof is
appointed or promoted to such reclassified title, his or her eligibility
for additional increments authorized by this subdivision shall be
determined on the basis of his or her service after the date of such
appointment or promotion, except that, notwithstanding the other
provisions of this subdivision, where his or her salary upon appointment
or promotion is equal to or greater than the maximum salary of the grade
of his or her position plus one additional increment of such grade but
less than such maximum salary plus two additional increments of such
grade, he or she shall be eligible for an additional increment in
accordance with the provisions of this subdivision upon completion of
four years of continuous service in such position following appointment
or promotion;
(e) an employee who has been on a preferred list pursuant to the rules
of the administrative board of the judicial conference or section two
hundred forty-three of the military law, or has been on leave of
absence, or who has resigned, and who has been reinstated to his
position or a similar position, shall be deemed to have continuous
service; provided, however, that such employee shall be credited with
service in his position only in a fiscal year for which he would
otherwise be entitled to receive an increment in such position if he
were not receiving a salary equal to or in excess of the maximum salary
of the grade of his position;
(f) an employee shall not be credited with service in his position in
any fiscal year where such service was unsatisfactory or insufficient to
render him eligible for an annual increment if he were not receiving a
salary equal to or in excess of the maximum salary of the grade of his
position, but the failure to receive credit for such year shall not
constitute an interruption of his continuous service;
(g) when an employee is appointed, demoted or reinstated from a higher
grade position to a lower grade position, he shall receive credit toward
eligibility for additional increments in the lower grade position for
his years of service in the higher grade position as though such service
had been rendered in the lower grade positions.
4. Annual increments; determination of salaries. (a) Rates of
compensation. An employee holding a position allocated to one of the
salary grades included in subdivision one of this section shall receive
the minimum salary of the salary grade to which his position is
allocated, plus the number of increments which corresponds with the
number of his years in service in such position, unless his services
during the year immediately preceding shall have been found to be
unsatisfactory. No employee shall receive an increment which would
result in his receiving an annual salary in excess of the maximum of the
salary grade to which his position is allocated or of the amount to
which he may be entitled pursuant to subdivision one of this act.
(b) Appointment above minimum salary in certain cases. Notwithstanding
any other provision of this chapter, with respect to positions allocated
to salary grades in subdivision one of this section, if the annual
salary of an employee subject to the provisions of this section who has
rendered twenty-six bi-weekly periods of service during the period from
April first, nineteen hundred seventy through March thirty-first,
nineteen hundred seventy-two is less than six thousand dollars per year,
such employee in lieu of such annual salary shall receive an annual
salary of six thousand dollars.
(c) Notwithstanding any other provision of this chapter no employee
whose salary is below the minimum of the salary grade to which his
position is allocated shall receive more than two increments in the
fiscal year beginning April first, nineteen hundred seventy-three.
5. Appointments and promotions to higher grade positions. (a) If an
employee is appointed or promoted to a position in a higher grade, he
shall receive an increase in salary, upon such appointment or promotion,
which is equivalent to the full increment payable in the position to
which he is appointed or promoted, or he shall be paid the minimum
salary of the grade of the position to which he is appointed or
promoted, whichever results in a higher annual salary.
(b) Upon the reallocation of a position to a higher salary grade, the
salary of any employee previously appointed or promoted from such
position to another position in a higher grade shall not be less than
the salary which he would otherwise be entitled to receive if such
promotion occurred immediately following such reallocation.
(c) For the purpose of computing future increments such employee shall
be credited with the number of years of service in the higher grade
position to which he is appointed or promoted which corresponds with his
resulting rate of compensation as determined pursuant to this
subdivision.
6. Appointments, transfers, reinstatements, demotions and
displacements to lower grade positions. If an employee is demoted or
displaced to a position in a lower grade, or is appointed, transferred
or reinstated to a position in a lower grade, he shall, upon such
demotion, appointment, displacement, transfer, or reinstatement, receive
the rate of compensation which corresponds with the total number of his
years of service in the positions from which and to which he is demoted,
displaced, appointed, transferred or reinstated, as the case may be,
and, for the purpose of computing future increments, he shall be
credited with the number of years of service in such position which
corresponds with such rate of compensation. If an employee is demoted to
a position in a lower grade, he shall, upon such demotion, be paid the
salary in such lower grade which corresponds with the number of his
years of service in the grade from which he was demoted, or, in the
discretion of the administrative board of the judicial conference, he
may be paid a higher rate of compensation, not exceeding the maximum of
the grade to which such position is allocated, and not exceeding the
rate of compensation received prior to such demotion, and, for the
purpose of computing future increments, he shall be credited with the
number of years of service in such position which corresponds with such
rate of compensation.
7. Appointment, transfers and reinstatements to similar grade
positions. If an employee is transferred to a similar position, or is
appointed or reinstated to a position in the same salary grade, he shall
be paid the same salary in such new position as he received in his
former position, except that, in the case of a transfer, if such salary
does not correspond with the schedule established for the new position,
he shall be paid the rate of compensation for the new position which
most nearly corresponds with the salary he is then receiving. An
employee so appointed, transferred or reinstated shall be eligible to
receive the increments in the schedule established for the new position
based upon the number of his years of service in the new position and in
his former position.
8. Appointments, promotions, reinstatements, and transfer of employees
occupying non-allocated positions. An employee who has been continuously
occupying a position which is not allocated to one of the salary grades
described in subdivision one of this section and who is appointed,
promoted, reinstated, or transferred to a position allocated to one of
the salary grades in such subdivision the minimum salary of which is
equal to or lower than the annual rate of compensation then received by
such employee, shall, upon such appointment, promotion, reinstatement or
transfer, be paid the minimum salary of the grade of such allocated
positions plus the number of increments which corresponds to the number
of years of his service in his former unallocated position or positions
during which he received a salary equal to or in excess of the minimum
salary of the position to which he is appointed, promoted, reinstated or
transferred, not to exceed the salary that he was receiving in his
former position immediately prior to the date of such appointment,
promotion, reinstatement or transfer, and not to exceed the maximum
salary of his new position.
For the purpose of computing future increments, he shall be credited
with the number of years of service in such new position which
corresponds with such rate of compensation. For the purposes of this
subdivision, the annual rate of compensation of the incumbent of an
unallocated position compensable on an hourly or per diem basis or on
any basis other than at an annual salary rate, shall be deemed to be the
compensation which would have been payable if the services were required
on a full time annual basis for the number of hours per day and days per
week established by law or administrative rule or order.
8-a. Allocation of non-allocated positions. (a) When a non-allocated
position is allocated to one of the salary grades described in
subdivision one of this section, the annual salary of the incumbent
thereof shall be determined in accordance with this subdivision.
(b) Notwithstanding the provisions of paragraph (c) of this
subdivision, the annual salary of any non-allocated position,
compensable on an annual basis, shall not, upon allocation to a salary
grade, be reduced for the then permanent incumbent by reason of any
provision of this section so long as such position is held by the then
permanent incumbent.
(c) When a non-allocated position is allocated to one of the salary
grades described in subdivision one of this section, the incumbent
thereof, whether employed on a permanent or temporary basis, shall be
paid the minimum salary of the salary grade to which such position is
allocated, plus the number of increments which corresponds with the
number of his years of service in such position; provided, however, that
such incumbent shall not receive an annual salary in excess of the
maximum salary of the grade to which his position is allocated or the
amount to which he may be entitled pursuant to subdivision three of this
section, as the case may be.
(d) No employee whose salary would be increased by such allocation
shall have any claim against the state for the difference, if any,
between his former salary and that which he should receive as a result
of such allocation for the period prior to the date such allocation
became effective.
9. Accrual of increments. Annual increments shall take effect on the
first day of each fiscal year, subject, however, to the provisions of
section forty-four of the state finance law. An employee who has served
the equivalent of at least twelve complete payroll periods of actual
service during the fiscal year in his position shall be eligible to
receive an increment in such position on the first day of the next
succeeding fiscal year; provided, however, that an employee appointed or
promoted at any time during the fiscal year, who received an increase in
salary upon such appointment or promotion which was less than two full
increments of the grade of the position to which he was appointed or
promoted shall be eligible to receive in such position on the first day
of the next succeeding fiscal year the difference between two full
increments of the grade of such position and the increase in salary
which he received upon such appointment or promotion, notwithstanding
the fact that he has less than the equivalent of twelve complete payroll
periods of actual service in such position during the fiscal year.
Notwithstanding the provisions of this section, where an employee
receiving the maximum salary or the maximum salary plus the first
additional increment, as the case may be, of the grade of his position
is appointed or promoted to a position in the next higher salary grade,
his salary on the first day of the fiscal year on which he would
otherwise be entitled to the first additional increment of the grade of
his former position, if he had been receiving the maximum salary in his
former position at the time of such appointment or promotion, or on the
first day of the fiscal year on which he would otherwise be entitled to
the second additional increment of the grade of his former position, if
he had been receiving the maximum salary plus the first additional
increment in his former position at the time of such appointment or
promotion, shall not be less than the salary to which he would be
entitled if such appointment or promotion occurred on such first day of
the fiscal year.
10. Service credit for temporary and provisional employment. Except as
otherwise expressly provided herein, temporary or provisional service
shall be treated in the same manner as permanent service for the purpose
of this section.
11. Reallocations; adjustment of salaries. When any position allocated
to a salary grade in subdivision one of this section is reallocated on
or after April first, nineteen hundred seventy-two to a higher salary
grade other than grade thirty-eight, the annual salary of a then
incumbent on the effective date of such reallocation shall be determined
as follows:
(a) If, on the effective date of such reallocation, the annual salary
of such incumbent would otherwise, if such reallocation did not occur,
be identical with the hiring, first, second, third, fourth, fifth, sixth
or seventh year rate of compensation of the lower grade from which such
position is reallocated, or a rate of compensation equal to one or two
additional increments above the maximum salary of such lower grade, his
or her annual salary shall be increased to the corresponding rate of
compensation of the higher grade to which such position is reallocated.
(b) If, on the effective date of such reallocation, the annual salary
of such incumbent would otherwise, if such reallocation did not occur,
be less than the rate of compensation equal to two additional increments
above the maximum salary of the lower grade from which such position is
reallocated, and not identical with the hiring, first, second, third,
fourth, fifth, sixth or seventh year rate of compensation of such lower
grade or with the rate of compensation equal to one additional increment
above the maximum salary of such lower grade, his or her annual salary
shall be the salary he or she would otherwise receive on the date of
such reallocation in such lower grade if such reallocation did not occur
plus the difference between the next higher rate of compensation of such
lower grade and the corresponding rate of compensation of the higher
grade to which such position is reallocated.
(c) If, on the effective date of such reallocation, the annual salary,
of such incumbent would otherwise, if such reallocation did not occur,
exceed the rate of compensation equal to two additional increments above
the maximum salary of the lower grade from which such position is
reallocated, his annual salary shall be the annual salary he would
otherwise receive if such reallocation did not occur plus the difference
between such rate of compensation and the corresponding rate of
compensation of the higher grade to which his position is reallocated,
but his salary shall not be increased to an amount in excess of the
maximum salary of the grade to which his position is reallocated plus
two additional increments of such grade.
If an employee has been appointed or promoted from one position
allocated to a salary grade in subdivision one of this section to
another position allocated to a higher salary grade and his former
position, on or after April first, nineteen hundred seventy-two, and
within two years after such appointment or promotion, is reallocated to
a higher salary grade, the salary of such employee in the second
position on the effective date of such reallocation shall not be less
than the salary which he would otherwise be entitled to receive on such
date had such appointment or promotion occurred on such date.
The provisions of this subdivision shall apply to temporary and
provisional employees, as well as permanent employees.
When a position allocated to a salary grade in subdivision one of this
section is reclassified to a title allocated to a higher salary grade,
and such reclassification represents no substantial change in duties and
responsibilities from those associated with the former title, the
incumbent thereof may continue to serve in such position without further
examination, and his salary in his new title shall be determined in
accordance with the provisions of this subsection.
12. Status of employees upon transfer of functions. The salary of any
employee of a civil division, public authority or other public benefit
corporation who upon transfer of his functions to the state, is
transferred to a position in the unified court system which is allocated
to a salary grade, and the salary of any employee of a private
institution or enterprise, whose employment is continued in an allocated
position pursuant to law upon the acquisition by the unified court
system of such institution or enterprise, shall be prescribed by the
chief administrator of the courts within amounts available therefor, at
a rate between the minimum salary of the grade to which the employee's
position is allocated and the maximum salary of such grade plus two
additional increments; provided, however, that if the salary received by
such employee immediately prior to such transfer or entry into service
with the unified court system was an amount greater than the minimum
salary of the grade to which his position is allocated and less than the
maximum salary of such grade plus two additional increments of such
grade, his salary as prescribed by the chief administrator shall not
exceed the salary received by him immediately prior to such transfer or
entry. For the purpose of computing future increments, such employee
shall be credited with the number of years of service in such position
which corresponds with his salary as determined pursuant to this
subdivision.
Unified court budget; first instance payments by state;
provision for prepayment; payment by localities; transfer of
non-judicial personnel. 1. Notwithstanding any other provision of law,
and except as provided in subdivision three of this section the state
shall pay in the first instance from regular appropriations, beginning
April first, nineteen hundred seventy-seven the expenses for the supreme
court and appellate divisions and appellate terms thereof, county
courts, family courts, surrogate's courts, civil court of the city of
New York, criminal court of the city of New York, district courts, city
courts, the county clerks' offices in the city of New York and those
portions of the county clerks' offices outside the city of New York that
perform services pursuant to the role of the county clerk as clerk of
the court where the budgets of the political subdivisions separately
identify those services, and commissioners of jurors and their staffs
where separate from the county clerks, or, of not so separate, where the
budgets of the political subdivisions separately identify that function.
2. Notwithstanding any other provision of law, the allocation of costs
of the courts and court-related agencies set forth in subdivision one of
this section to each political subdivision shall be as follows:
(a) Effective for the state fiscal year beginning April first,
nineteen hundred seventy-nine, the state comptroller shall deduct from
any moneys payable to each such political subdivision from the local
assistance account twenty-five percent of the amount set forth in column
A. In the event that the judiciary budget adopted for the fiscal year
beginning April first, nineteen hundred seventy-nine includes an
allocation for any political subdivision that is less than the
appropriated budget used to calculate column A, then the deduction to
the locality shall be proportionately reduced. The amount to be deducted
pursuant to this paragraph, as reduced pursuant to the provisions of
this subdivision or any other provision of law, shall be deducted
pursuant to a plan prepared by the state comptroller with the approval
of the state director of the budget. Such plan shall, to the extent
practicable, provide for the amount of such deductions to coincide with
the state first instance payments for the expenses enumerated in
subdivision one of this section. In lieu of deducting such amount from
moneys payable from the local assistance account, the plan prepared by
the state comptroller with the approval of the state director of the
budget may provide for the rendering of monthly or bi-monthly statements
requiring the payment of fractional portions of such amount, and may
provide for the payment of interest at a rate to be fixed by the state
comptroller, not to exceed six percent per annum, in the event payment
shall not be made at the time and in the amount prescribed therein.
Net Local
Commitment
Sub-parg. Column A
_________ __________
1. Albany Co. 1,070,972
2. Allegany Co. 163,292
3. Broome Co. 631,332
4. Cattaraugus Co. 283,404
5. Cayuga Co. 276,422
6. Chautauqua Co. 505,825
7. Chemung Co. 417,520
8. Chenango Co. 163,660
9. Clinton Co. 375,908
10. Columbia Co. 218,664
11. Cortland Co. 136,530
12. Delaware Co. 132,998
13. Dutchess Co. 1,306,400
14. Erie Co. 4,477,957
15. Essex Co. 185,590
16. Franklin Co. 227,027
17. Fulton Co. 353,064
18. Genesee Co. 293,468
19. Greene Co. 209,268
20. Hamilton Co. 64,839
21. Herkimer Co. 235,259
22. Jefferson Co. 351,634
23. Lewis Co. 103,147
24. Livingston Co. 176,190
25. Madison Co. 238,472
26. Monroe Co. 3,202,248
27. Montgomery Co. 311,582
28. Nassau Co. 17,989,885
29. Niagara Co. 1,101,979
30. Oneida Co. 971,718
31. Onondaga Co. 1,899,769
32. Ontario Co. 338,318
33. Orange Co. 1,271,126
34. Orleans Co. 133,546
35. Oswego Co. 499,791
36. Otsego Co. 221,928
37. Putnam Co. 274,839
38. Rensselaer Co. 584,464
39. Rockland Co. 1,385,788
40. St. Lawrence Co. 444,423
41. Saratoga Co. 445,098
42. Schenectady Co. 650,378
43. Schoharie Co. 120,366
44. Schuyler Co. 69,832
45. Seneca County 147,571
46. Steuben Co. 377,784
47. Suffolk Co. 12,667,065
48. Sullivan Co. 391,361
49. Tioga Co. 136,855
50. Tompkins Co. 291,294
51. Ulster Co. 569,779
52. Warren Co. 323,586
53. Washington Co. 245,885
54. Wayne Co. 281,637
55. Westchester Co. 4,855,637
56. Wyoming Co. 172,799
57. Yates Co. 99,050
58. City of Albany 312,321
59. City of Binghamton 208,564
60. City of Buffalo 1,297,555
61. City of Mt. Vernon 330,491
62. City of New Rochelle 300,473
63. City of New York 81,528,585
64. City of Niagara Falls 252,006
65. City of Rochester 902,475
66. City of Rome 82,972
67. City of Schenectady 152,607
68. City of Syracuse 712,583
69. City of Troy 158,576
70. City of Utica 264,612
71. City of White Plains 311,387
72. City of Yonkers 759,013
73. City of Amsterdam 37,126
74. City of Auburn 62,938
75. City of Batavia 38,790
76. City of Beacon 24,085
77. City of Canandaigua 35,301
78. City of Cohoes 38,892
79. City of Corning 23,067
80. City of Cortland 39,104
81. City of Dunkirk 54,523
82. City of Elmira 107,398
83. City of Fulton 31,947
84. City of Geneva 34,909
85. City of Glen Cove 87,917
86. City of Glens Falls 58,427
87. City of Gloversville 32,404
88. City of Hornell 30,769
89. City of Hudson 15,934
90. City of Ithaca 106,175
91. City of Jamestown 75,074
92. City of Johnstown 28,346
93. City of Kingston 46,983
94. City of Lackawanna 94,215
95. City of Little Falls 18,583
96. City of Lockport 67,567
97. City of Long Beach 222,129
98. City of Mechanicville 20,935
99. City of Middletown 62,970
100. City of Newburgh 85,009
101. City of North Tonawanda 88,793
102. City of Norwich 28,893
103. City of Ogdensburg 54,133
104. City of Olean 43,699
105. City of Oneida 25,331
106. City of Oneonta 46,804
107. City of Oswego 57,552
108. City of Peekskill 92,493
109. City of Plattsburgh 39,544
110. City of Port Jervis 33,701
111. City of Poughkeepsie 92,647
112. City of Rensselaer 22,920
113. City of Rye 42,620
114. City of Salamanca 16,719
115. City of Saratoga Springs 67,444
116. City of Sherrill 6,643
117. City of Tonawanda 71,307
118. City of Watertown 120,076
119. City of Watervliet 21,274
(a-1) (i) Effective for each state fiscal year beginning April first,
nineteen hundred ninety-five, the state comptroller shall, on or before
the end of that fiscal year: (1) deduct from any moneys payable to the
city of New York from the local assistance account as state aid for the
support of local government the amount certified to him or her by the
chief administrator of the courts immediately following the close of
such fiscal year pursuant to subparagraph (ii) of this paragraph, and
(2) transfer the amount of such deduction from the local assistance
account to the New York city county clerks' operations offset fund.
(ii) On or before March first in each year commencing with March
first, nineteen hundred ninety-six, the chief administrator shall
determine and certify to the comptroller the difference between (1) the
amount of the disbursements under the judiciary budget made during the
fiscal year ending the previous March thirty-first for the payment of
services and expenses incurred in that fiscal year by the offices of the
county clerks of the city of New York, excluding services and expenses
incurred by those offices in discharge of a county clerk's powers and
duties as commissioner of jurors, and (2) the aggregate receipts derived
by the state from the fees specified in paragraphs one and two of
subdivision (f) of section eight thousand twenty and section eight
thousand twenty-one of the civil practice law and rules during the
fiscal year commencing April first, nineteen hundred ninety.
(iii) On or before March first, nineteen hundred ninety-seven, and
each March first thereafter, the chief administrator shall determine the
actual difference between (1) the amount of the disbursements under the
judiciary budget made during the fiscal year ending the previous March
thirty-first for the payment of services and expenses incurred in that
fiscal year by the offices of the county clerks of the city of New York,
excluding services and expenses incurred by those offices in discharge
of a county clerk's powers and duties as commissioner of jurors and (2)
the aggregate receipts derived from the state from the fees specified in
paragraphs one and two of subdivision (f) of section eight thousand
twenty and section eight thousand twenty-one of the civil practice law
and rules during the preceding fiscal year. The chief administrator
shall compare this actual amount of difference with the projected amount
of difference calculated pursuant to subparagraph (ii) of this paragraph
and certify the difference between the two amounts to the comptroller.
Such amount shall be added to, or deleted from, as the case may be, the
amount of the deduction made from state aid payments to the city of New
York pursuant to subparagraph (i) of this paragraph.
(b) To the extent the moneys so estimated by the state comptroller
with the approval of the state director of the budget to be payable to
such political subdivision from the local assistance fund during any
state fiscal year are insufficient to provide for the deduction of the
amount required to be deducted pursuant to this subdivision, each such
political subdivision shall pay on a monthly basis to the commissioner
of taxation and finance an amount determined by the state comptroller
and the state director of the budget to provide for payment of the
amount by which the estimated moneys payable to such political
subdivision is insufficient. The amount of such payments may be adjusted
from time to time as the estimate of moneys payable to such political
subdivision is adjusted.
(c) For the state fiscal year commencing April first, nineteen hundred
seventy-nine, each political subdivision shall repay to the State of New
York an amount equal to twenty-five precent of its portion of the amount
appropriated in the first instance from the state purposes fund to the
judiciary for the state fiscal year commencing April first, nineteen
hundred seventy-six, as determined by the state department of taxation
and finance.
(d) Except as provided in subdivision three of this section, the
allocation of costs to each political subdivision for its share of the
expenses of the courts and court related agencies of the unified court
system set forth in subdivision one of this section shall be determined
by law for the fiscal year commencing April first, nineteen hundred
seventy-nine, and no allocation of such costs to political subdivisions
shall be made for any fiscal year commencing on or after April first,
nineteen hundred eighty.
(e) All fees collected pursuant to sections eighteen hundred three,
eighteen hundred three-A and nineteen hundred eleven of the New York
city civil court act, all fees collected pursuant to state law by the
county clerks in the city of New York, except as otherwise provided
herein with respect to fees collected pursuant to subdivision (a) of
section eight thousand eighteen of the civil practice law and rules and
except those fees collected by the clerk of Richmond county which in the
other counties of the city of New York are collected by the city
registers, all fees collected pursuant to section eight thousand
eighteen of the civil practice law and rules except only to the extent
of one hundred sixty-five dollars of any fee collected pursuant to
subparagraph (i) of paragraph one of subdivision (a) of such section and
except for those collected pursuant to subparagraph (ii) of paragraph
one of paragraph three of such subdivision (a), all fees collected
pursuant to section eight thousand twenty of the civil practice law and
rules except for those collected pursuant to subdivisions (f), (g) and
(h) of said section, all fees collected pursuant to section eight
thousand twenty-two of the civil practice law and rules, all fees
collected pursuant to section twenty-four hundred two of the surrogate's
court procedure act, all fees collected pursuant to section eighteen
hundred three, eighteen hundred three-A and subdivision (a) of section
nineteen hundred eleven of the uniform district court act, all fees
collected pursuant to section eighteen hundred three, eighteen hundred
three-A and subdivision (a) of section nineteen hundred eleven of the
uniform city court act and all fines, penalties and forfeitures
collected pursuant to subdivision eight of section eighteen hundred
three of the vehicle and traffic law, except such fines, penalties and
forfeitures collected by the Nassau county traffic and parking
violations agency, section 71-0211 of the environmental conservation
law, section two hundred one of the navigation law and subdivision one
of section 27.13 of the parks, recreation and historic preservation law
shall be paid to the state commissioner of taxation and finance on a
monthly basis no later than ten days after the last day of each month.
The additional fee of five dollars collected by county clerks in New
York city pursuant to paragraph three of subdivision (a) of section
eight thousand eighteen of the civil practice law and rules shall be
distributed monthly by the county clerks as follows: four dollars and
seventy-five cents to the commissioner of education for deposit into the
local government records management improvement funds; and twenty-five
cents to the city of New York.
(f) Effective April first, nineteen hundred seventy-seven, the state
shall no longer make any payments pursuant to section thirty-four-a of
this chapter nor any payments pursuant to section ninety-nine-l of the
general municipal law for matters handled by the criminal court of the
city of New York, the district courts and city courts.
(g) The amounts to be deducted from the local assistance fund and to
be paid by political subdivisions to the state of New York, and the fees
to be paid to the state commissioner of taxation and finance pursuant to
paragraphs (a), (b), (c) and (e) of subdivision two of this section are
hereby made available for the reimbursement of expenditures made by the
judiciary in the first instance from state purposes appropriations
authorized by subdivision one of this section.
Notwithstanding any other provision of law, the comptroller is hereby
authorized to repay from such amounts and such fees the expenditures
made by the judiciary in the first instance from state purposes
appropriations authorized by subdivision one of this section.
3. (a) Notwithstanding any other provision of law, all goods, services
and facilities presently furnished and paid for by any political
subdivision to the courts and court-related agencies affected by this
section not included in that portion of the budget of the political
subdivision used in the computation of the amounts set forth in
subdivision two of this section, shall continue to be furnished and paid
for by the political subdivision. Each political subdivision shall also
be responsible for supplying such additional facilities suitable and
sufficient for the transaction of business as may become needed after
the effective date of this subdivision. In the event that a political
subdivision during any state fiscal year ceases to provide any such
goods, services and facilities, the state administrator shall determine
the value of such goods, services and facilities and shall notify the
state comptroller of such determination. During each state fiscal year
in which a political subdivision ceases to provide such goods, services
and facilities, an amount equal to the value of such services shall be
deducted by the state comptroller from any moneys payable to such
political subdivision from the local assistance fund. All federal moneys
allocated as of March thirty-first, nineteen hundred seventy-seven by
any political subdivision for goods, services or facilities in the
courts or court-related agencies affected by this section shall continue
to be so allocated for as long as those federal moneys remain available
to that political subdivision, except that, if the federal moneys
granted to the political subdivision from which such goods, services or
facilities are provided are reduced below the amount granted as of March
thirty-first, nineteen hundred seventy-seven, the political subdivision
may make a proportionate reduction in the federal moneys allocated for
such goods, services or facilities.
(b) Political subdivisions which provide security services for the
courts, the cost of which is not included in that portion of the budget
of the political subdivision used in the computation of the amounts set
forth in column A in paragraph (a) of subdivision two of this section
shall be entitled to reimbursement by the state within the amounts
appropriated to the administrative office for the courts for that
purpose.
(c) All employees providing goods and services pursuant to this
subdivision shall remain the employees of the political subdivision. All
deputy sheriffs or police officers providing security services in the
courts shall be deemed persons providing services pursuant to this
subdivision.
4. In preparing and submitting to the administrative board the
itemized estimates of the annual financial needs of the courts and
court-related agencies set forth in subdivision one of this section, the
state administrator shall consider the relative caseloads of such courts
and agencies in the event that increases in such itemized estimates are
proposed for inclusion in the judiciary budget submission to the
legislature.
5. The state administrator shall render an annual statement of the
amount determined pursuant to paragraph (c) of subdivision two of this
section to each political subdivision on or about the fifteenth day of
September of each year. The amount set forth in such statement shall be
paid to the state commissioner of taxation and finance by the city of
New York no more than thirty days after receipt thereof and by all other
political subdivisions on or before the thirty-first of January of the
following year. In the event that any political subdivision fails to
remit a payment due at the time specified herein, the comptroller shall
withhold payments of installments or quarterly payments of state
assistance due such political subdivision pursuant to the provisions of
article four-a of the state finance law until the indebtedness due from
such political subdivision pursuant to this subdivision shall be paid in
full or until the installments or quarterly payments of such state
assistance or portions thereof so withheld shall equal the amount so due
from the political subdivision pursuant to this subdivision.
6. Notwithstanding any other provision of law, and except as provided
in paragraph (c) of subdivision three of this section, commencing April
first, nineteen hundred seventy-seven all justices, judges, and
nonjudicial officers and employees of the courts and court-related
agencies of the unified court system set forth in subdivision one of
this section shall be employees of the state of New York and the
salaries, wages, hours and other terms and conditions of their
employment shall be determined in accordance with the provisions of this
section.
(a) Such justices, judges, and nonjudicial officers and employees
shall be placed on the payroll of the state of New York and shall be
entitled to the salaries, wages, hours and other terms and conditions of
employment to which they were entitled pursuant to any law or contract
in effect immediately prior to the effective date hereof, except that
they shall receive the rates of reimbursement for travel and lodging
expenses provided by the state to state-paid nonjudicial officers and
employees of the unified court system not affected by this paragraph,
provided, however, that where an agreement has expired with no successor
contract yet having been executed prior to the effective date hereof a
contract subsequently executed and retroactive to the expiration of such
predecessor contract shall be controlling. Such salaries, wages, hours
and other terms and conditions of employment shall continue in effect
until altered by state law or by the terms of a successor contract,
except that salaries, wages, hours and other terms and conditions of
employment of such nonjudicial officers and employees not provided
pursuant to contract and hours and other terms and conditions of
employment of justices and judges may be altered by administrative
action in accordance with law. Provided, however, that no liability
shall be deemed to accrue to the state as result of any such law or
contract for any period prior to April first, nineteen hundred
seventy-seven.
(b) Notwithstanding any provision of paragraph (a) of this subdivision
every local law enacted, contract entered into or action taken by a
political subdivision or other instrumentality of the state on or after
the effective date of this paragraph with respect to the terms or
conditions of employment of any such justice, judge, non-judicial
officer or employee shall be subject to the prior approval of the
administrative board of the judicial conference. Provided, however, that
any such local law, contract or action affecting any such justice,
judge, non-judicial officer or employee of any court of the unified
court system located in a city for which an emergency financial control
board has been created shall be subject only to the prior approval of
such emergency financial control board.
(c) For the purposes of this section, the term "salary" shall mean the
annual salary otherwise payable to any judge, justice or nonjudicial
officer or employee to whom the provisions of this section are
applicable, exclusive of overtime compensation and any allowance in lieu
of maintenance. The salary of the incumbent of a position compensable on
an hourly or per diem basis, or on any basis other than at an annual
salary rate, shall be deemed to be the salary which would otherwise be
payable if the services were required on a full time annual basis for
the number of hours per day and days per week established by law or
administrative rules or orders for regular full-time employees.
(d) Notwithstanding any other provision of law:
(i) Any nonjudicial officer or employee of the courts and
court-related agencies of the unified court system who becomes an
employee of the state of New York pursuant to this subdivision may, at
the option of such officer or employee, be credited with sick leave
earned and accumulated but unused at the time he becomes a state
employee, but not in excess of two hundred days and shall be credited
with vacation leave earned and accumulated but unused at the time he
becomes a state employee, but not in excess of forty days.
Notwithstanding the foregoing, such nonjudicial officer or employee,
with the approval of the state administrator, may elect at any time to
be credited with additional sick leave credits by the state, to the
extent such credits were earned prior to April first, nineteen hundred
seventy-seven and not already so credited pursuant to this subparagraph
(i); in such event, such sick leave credits shall not be available for
the purposes of subparagraph (iii) of this paragraph. The state shall
not award credit or compensation for any other time or leave credits,
and shall not be liable for any terminal leave benefits based upon time
or leave credits earned prior to April first, nineteen hundred
seventy-seven.
(ii) Every such nonjudicial officer or employee shall be entitled to
receive payments for time or leave credits, other than sick leave or
terminal leave, attributable to service rendered prior to April first,
nineteen hundred seventy-seven, and not transferred to the state
pursuant to subparagraph (i), which payments such nonjudicial officer or
employee would otherwise have received from the political subdivision
had he been involuntarily terminated without fault from the employ of
the political subdivision on March thirty-first, nineteen hundred
seventy-seven. Such credits shall be payable in cash before July first,
nineteen hundred seventy-seven, if such credits would have been so
payable by the political subdivision or if such officer or employee
would otherwise have been retained on the payroll of the political
subdivision until any such credits had been exhausted.
(iii) At the time of retirement or any other permanent separation
without fault from the employment of the state, any such nonjudicial
officer or employee shall be entitled to receive from the political
subdivision payments for terminal leave based upon any time and leave
credits accrued before April first, nineteen hundred seventy-seven, and
not transferred to the state pursuant to subparagraph (i) nor used in
the computation of any award of compensation pursuant to subparagraph
(ii) of this paragraph, which payments such nonjudicial officer or
employee would otherwise have received from the political subdivision
had he retired or separated from the service of the political
subdivision on March thirty-first, nineteen hundred seventy-seven. If
such officer or employee retires, such entitlement shall include
payments he would have received from the political subdivision as if he
had been eligible to retire and as if he had retired on March
thirty-first, nineteen hundred seventy-seven. Any nonjudicial officer or
employee who retires or is separated from service after March
thirty-first, nineteen hundred seventy-seven, who is not entitled to
receive payment hereunder solely because of insufficient service with
the political subdivision prior to April first, nineteen hundred
seventy-seven, shall receive from the political subdivision pro rata
payments based upon such nonjudicial officer or employee's time and
service with such local subdivision provided he is otherwise entitled to
receive such payments based upon his combined service with the political
subdivision and the state pursuant to a collective bargaining agreement
negotiated with the state. Such credits shall be payable in cash if such
credits would have been so payable by the political subdivision or if
such officer or employee would otherwise have been retained on the
payroll of the political subdivision until any such credits had been
exhausted.
(e) (i) Notwithstanding any other provision of law, all justices,
judges and nonjudicial officers and employees of the courts and
court-related agencies of the unified court system who became employees
of the state of New York pursuant to this subdivision shall receive
insurance benefits as set forth in this paragraph. Such justices, judges
and nonjudicial officers or employees may elect to receive all of the
insurance benefits provided by the state to state-paid justices, judges
and nonjudicial officers and employees of the unified court system
immediately prior to the effective date hereof. If such election is not
made, such justices, judges and nonjudicial officers and employees shall
be entitled to receive the insurance benefits to which they were
entitled pursuant to any law or contract in effect immediately prior to
the effective date hereof, in which case the political subdivision from
which such justices, judges and nonjudicial officers and employees were
entitled to receive insurance benefits shall continue to provide such
insurance coverage and such justices, judges and nonjudicial officers
and employees shall be deemed employees of the political subdivisions
for purposes of receiving such insurance coverage and for the processing
of claims thereunder. The state shall reimburse each political
subdivision for the amount of premiums paid pursuant to this paragraph
or, in the case of self-insurance, for the cost of the benefit paid by
the political subdivision. Insurance benefits provided pursuant to this
paragraph shall continue in effect until altered by law, administrative
action in accordance with law, or, for those officers and employees
receiving insurance benefits pursuant to contract, by the terms of a
successor contract. Nothing in this paragraph shall preclude the state
from enrolling any such justice, judge or nonjudicial officer or
employee in the state insurance plan upon his withdrawal from the
insurance plan paid for by the political subdivision pursuant to this
paragraph. Notwithstanding any other provision of this chapter, all
justices, judges and nonjudicial officers and employees of the eleventh
judicial district shall have the same dual insurance coverage,
consisting of the state insurance plan and the insurance plan paid for
by the political subdivision pursuant to this paragraph, which is
provided to the justices, judges and nonjudicial officers and employees
of the first and second judicial districts.
(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph, all state-paid justices and judges and all state-paid
nonjudicial officers and employees of the unified court system not in
any collective negotiating unit established pursuant to article fourteen
of the civil service law who, on the day immediately preceding the
effective date of this subparagraph, are enrolled in a health insurance
plan paid for by a political subdivision, shall be deemed withdrawn
therefrom and shall exclusively be enrolled in the state health
insurance plan.
(f) All monetary contributions made by a political subdivision prior
to April first, nineteen hundred seventy-seven on behalf of an
individual justice, judge or nonjudicial officer or employee to a
welfare fund administered by an employee organization or by a political
subdivision shall, commencing April first, nineteen hundred
seventy-seven, be paid by the state.
(g) Each political subdivision shall be liable for the satisfaction of
any claims by any officer or employee arising out of the terms and
conditions of his employment prior to the date on which such officer or
employee became a state employee pursuant to this subdivision.
7. Upon the termination of the period of unchallenged representation
of any employee organization certified or recognized to represent
employees of the courts or court related agencies of the unified court
system, petitions may be filed with the public employment relations
board to alter negotiating units in accordance with the standards set
forth in section two hundred seven of the civil service law; provided,
however, that such board shall not alter any such negotiating unit
comprised exclusively of such employees or that part of any other
negotiating unit comprised of such employees. The provisions of this
subdivision shall be applicable in any case in which the negotiating
unit is so defined on the effective date of this subdivision in
accordance with the provisions of either section two hundred seven or
section two hundred twelve of the civil service law, as the case may be.
Nothing herein shall preclude the merger of negotiating units of such
employees with the consent of the administrative board of the judicial
conference and the recognized or certified representatives of the
negotiating units involved.
8. (a) The administrative board of the judicial conference shall adopt
a classification structure for all non-judicial officers and employees
who become employees of the state of New York pursuant to this section
which shall provide for the classification of positions in accordance
with duties required to be performed in title in these positions and in
accordance with the responsibilities of the position and the volume of
work in the court or court-related agency in which the position exists.
Nothing in this section shall prohibit the subsequent restructuring of
the classification and duties of employees in accordance with the rules
of the administrative board. The administrative board in accordance with
section two hundred nineteen of this article shall determine,
retroactive to April first, nineteen hundred seventy-seven, the salary
grade of each employee who becomes an employee of the state of New York
pursuant to this section; provided, however, nothing herein contained
shall be deemed to diminish: (i) the right of any employee organization
to negotiate wages or salaries pursuant to article fourteen of the civil
service law, or; (ii) the right of any employee to receive wages or
salaries pursuant to subdivision six of this section. Notwithstanding
any other provision of law, an application to the public employment
relations board seeking a designation by the board that certain persons
are managerial or confidential may be filed at any time before April
first, nineteen hundred seventy-eight, and thereafter pursuant to the
provisions of the civil service law.
(b) A nonjudicial officer or employee whose position is allocated to a
salary grade pursuant to paragraph (a) of this subdivision shall be
placed into that salary grade at the salary received by such officer or
employee immediately prior to said allocation or at the minimum of that
grade, whichever is higher. The salary of such officer or employee
within such salary grade, as determined by this paragraph, shall
establish the increment step into which the employee shall be placed and
shall determine the number of years of service to be credited within
such salary grade as of April first, nineteen hundred seventy-seven, for
the purpose of computing future increments. Each employee shall
thereafter receive increment credit for each subsequent year of service
in such position up to the maximum prescribed by section two hundred
nineteen of this article.
9. (a) On and after the effective date of this paragraph all justices,
judges and nonjudicial officers and employees of the courts and
court-related agencies of the unified court system set forth in
subdivision one who become employees of the state pursuant to
subdivision six of this section shall thereupon become members of the
New York state employees retirement system to the extent permitted or
required by the provisions of the retirement and social security law,
and the reserves in any other retirement system shall be transferred to
the New York state employees retirement system without any request by
them or any notice to the retirement systems, except that: (1) any such
justice, judge or nonjudicial officer or employee who is a member of the
New York city employees' retirement system or the New York city
teachers' retirement system may elect to continue membership in the New
York city employees' retirement system or the New York city teachers'
retirement system, as the case may be, and (2) any justice or judge who
is a member of both the New York city employees' retirement system and
the New York state employees' retirement system may elect to continue
membership in the New York city employees' retirement system and to
discontinue membership in the New York state employees' retirement
system. Any election pursuant to this paragraph shall be made no later
than the ninetieth day next succeeding the date on which the provisions
hereof become effective, by filing a written notice thereof with the
administrative head of the New York state employees' retirement system
and the New York city employees' retirement system or the New York city
teachers' retirement system and, once made and filed, shall be
irrevocable. Upon the retirement of a justice, judge or nonjudicial
officer or employee who has made such an election, the calculation of
final average salary by the New York city employees' retirement system
or the New York city teachers' retirement system shall be performed as
if the salary earned as a state employee on and after such effectiveness
were earned in New York city employment. In the case of a justice, judge
or nonjudicial officer or employee who remains or becomes a member of
the New York state employees' retirement system pursuant to this
paragraph, the New York city employees' retirement system or the New
York city teachers' retirement system shall make a transfer of reserves,
contributions and credits to the New York state employees' retirement
system, in the manner required by section forty-three of the retirement
and social security law. In the case of an election to continue in the
New York city employees' retirement system by a justice or judge who is
a member of both retirement systems, the New York state employees'
retirement system shall make a transfer of reserves, contributions and
credits to the New York city employees' retirement system, in the manner
provided by section forty-three of such law.
(b) The comptroller of the city of New York shall certify to the state
administrator the amount of money required to be paid by the state of
New York for pension costs resulting from elections made pursuant to
paragraph (a) of this subdivision. The comptroller of the state of New
York shall pay to the New York city employees' retirement system or the
New York city teachers' retirement system, upon approval by the state
administrator, the amounts so certified by the comptroller of the city
of New York. The comptroller of the city of New York shall also certify
to the state administrator the amount of money required to be
contributed by each of such employees. The comptroller of the state of
New York shall be authorized to withhold the contribution of such
employees and pay that amount to the New York city employees' retirement
system or the New York city teachers' retirement system. The amount so
certified pursuant to this paragraph shall be the same as the amounts
required to be contributed for similarly situated city employees by the
city of New York and by employees of the city of New York.
10. (a) Notwithstanding any other provision of law, commencing April
first, nineteen hundred eighty-three, in the event the chief
administrator of the courts, in his sole discretion, determines that
court security services provided by the county of Westchester pursuant
to subdivision three of this section should be provided by employees of
the unified court system: (i) the state shall be responsible for
providing security services to the courts in such county, and (ii) all
permanent officers and employees of the department of public safety
service of such county who provide security services in the courts of
such county pursuant to subdivision three of this section shall be
eligible to become employees of the state of New York upon filing a
notice of state employment election with the chief administrator of the
courts in a manner and form determined by the chief administrator;
provided, however, that such employment shall be subject to acceptance
by the employee of the salary, wages, hours and other terms and
conditions of employment enjoyed by other state employees in the
negotiating unit into which his position is placed.
(b) Each nonjudicial officer and employee who files a notice of state
employment election as provided in paragraph (a) of this subdivision
shall be placed on a payroll of the state of New York in a position
which shall be classified and allocated pursuant to the classification
structure, established by the chief administrator of the courts on May
twenty-eighth, nineteen hundred seventy-nine. The salary of each such
nonjudicial officer and employee shall be his salary on March
thirty-first, nineteen hundred eighty-three, plus such number of
increments equalling his years of permanent service in his county
position on March thirty-first, nineteen hundred eighty-three, not to
exceed the maximum of the salary grade of the position to which he is
allocated hereunder. Eligibility for future increments shall be based
solely upon state service commencing upon the effective date of this
subdivision.
(c) Notwithstanding any other provision of law:
(i) Any nonjudicial officer or employee of the courts and court
related agencies of the unified court system who becomes an employee of
the state of New York pursuant to paragraph (a) of this subdivision,
may, at the option of such officer or employee, be credited with sick
leave earned and accumulated but unused at the time he becomes a state
employee, but not in excess of two hundred days and shall be credited
with vacation leave earned and accumulated but unused at the time he
becomes a state employee, but not in excess of forty days. The state
shall not award credit or compensation for any other time or leave
credits and shall not be liable for any terminal leave benefits based
upon time or leave credits earned prior to April first, nineteen hundred
eighty-three.
(ii) Each such nonjudicial officer or employee shall be entitled to
receive payments from the county of Westchester for time or leave
credits, other than sick leave or terminal leave, attributable to
service prior to April first, nineteen hundred eighty-three and not
transferred to the state pursuant to subparagraph (i) of this paragraph,
which payments such nonjudicial officer or employee would otherwise have
received from the county had he been involuntarily terminated without
fault from the employ of the county on March thirty-first, nineteen
hundred eighty-three. Such credits shall be payable in cash before July
first, nineteen hundred eighty-three, if such credits would have been so
payable by the county of Westchester or if such officer or employee
would otherwise have been retained on the payroll of the county until
any such credits have been exhausted.
(iii) At the time of retirement, or any other permanent separation
without fault from the employment of the state, any such nonjudicial
officer or employee shall be entitled to receive from the county of
Westchester payments for terminal leave based upon any time and leave
credits accrued before April first, nineteen hundred eighty-three, and
not transferred to the state pursuant to subparagraph (i) of this
paragraph, which payments such nonjudicial officer or employee would
otherwise have received from the county had he retired or separated from
the service of the county on March thirty-first, nineteen hundred
eighty-three.
(d) Upon the effective date of this subdivision, each officer and
employee who elects to become a state employee pursuant to paragraph (a)
of this subdivision shall have permanent status in his state position
without further examination or qualification. Each officer and employee
having permanent status in a competitive class county position who does
not make such election shall have his name entered upon an appropriate
preferred list for reinstatement to the same or similar positions in the
service of the county of Westchester.
Mediation. 1. Where, pursuant to paragraph (a) of subdivision
three of section thirty-nine of this article, the chief administrator of
the courts determines that a political subdivision has ceased or failed
during a state fiscal year to provide goods, services and facilities of
a specified value, he or she may not notify the state comptroller of his
or her determination in accordance with such paragraph unless the chief
executive officer of the affected political subdivision is first
notified thereof and provided a period of thirty days in which to
request mediation in accordance with subdivisions three and four of this
section. Where mediation is so requested, the chief administrator may
only notify the state comptroller of his or her determination, pursuant
to paragraph (a) of subdivision three of section thirty-nine of this
article, under the circumstances set forth in subdivision four of this
section.
2. In the event that the court facilities capital review board
determines not to approve an assessment and plan submitted by the chief
executive officer of a political subdivision pursuant to section sixteen
hundred eighty-c of the public authorities law, or the board fails to
act upon such assessment and plan within sixty days of submission
thereof to the board and the chief administrator disapproves the
assessment and plan, the chief administrator shall consult with such
chief executive officer in an effort to resolve any matters in dispute,
and shall, if the chief executive officer so requests, request mediation
in accordance with subdivisions three and four of this section.
3. Mediation shall consist of expedited proceedings to effectuate the
voluntary resolution of any dispute between the court facilities capital
review board and a political subdivision concerning approval of a
capital plan pursuant to section sixteen hundred eighty-c of the public
authorities law or the chief administrator's determination pursuant to
paragraph (a) of subdivision three of section thirty-nine of this
article. The mediator shall be appointed by agreement of the chief
administrator and the chief executive officer of the affected political
subdivision from a list of mediators submitted by the American
Arbitration Association.
4. In mediating the dispute, the mediator shall take into
consideration, in addition to any other relevant factors, the political
subdivision's legal obligation under section thirty-nine of this article
to provide goods, services and facilities suitable and sufficient for
the transaction of business, and the financial ability of the political
subdivision to pay for the goods, services and facilities in light of
the totality of its needs and the resources available. In the event the
chief administrator and the chief executive officer of the political
subdivision fail to achieve agreement within ninety days after
commencement of the mediation, or such longer period as they may agree
upon, the chief administrator may notify the state comptroller as
provided in paragraph (a) of subdivision three of section thirty-nine of
this article provided:
(a) mediation was requested pursuant to subdivision one of this
section, or
(b) mediation was requested pursuant to subdivision two of this
section and at least twenty-four months have elapsed since the effective
date of this section.
Special provisions relating to court facilities. 1. For
purposes of this section:
(a) the term "court facilities" shall mean facilities for the
transaction of business by the state-paid courts and court-related
agencies of the unified court system and the judicial and nonjudicial
personnel thereof, including rooms and accommodations for the courts and
court-related agencies of the unified court system, the judges, justices
and the clerical, administrative and other personnel thereof.
(b) the term "cleaning of court facilities" shall mean those services
and activities that are necessary to insure that the interior of each
court facility is and remains a clean and healthful environment in which
to transact the business of the unified court system. These services and
activities include, but are not limited to: removal of trash and debris;
maintenance of appropriate standards of hygiene; painting; pest control;
and replacement of consumable items such as light bulbs, soap, toilet
paper and paper towelling. They also shall include the making of minor
repairs in accordance with rules of the chief judge.
(c) the term "political subdivision" shall include each county of the
state outside the city of New York and each city of the state.
2. Commencing April first, nineteen hundred ninety-eight, the state
shall be responsible for the cleaning of court facilities and, subject
to the provisions of paragraphs (b) and (c) of subdivision three of this
section, shall pay the cost thereof out of funds appropriated from the
court facilities incentive aid fund to the judiciary for that purpose.
3. (a) Notwithstanding any provision herein, the state shall enter
into a contract with a political subdivision pursuant to which such
political subdivision shall provide for the cleaning of court facilities
located therein except that, where any such political subdivision shall
fail to comply with the provisions of such contract, the chief
administrator may proceed pursuant to an alternative plan for the
cleaning of court facilities located in such political subdivision
subject to the approval of such alternative plan by the court facilities
capital review board in the same manner as the approval of the capital
plan of a political subdivision pursuant to section sixteen hundred
eighty-c of the public authorities law.
(b) Any contract with a political subdivision entered pursuant to
paragraph (a) of this subdivision for the cleaning of court facilities
in that political subdivision during a fiscal year ending prior to April
first, two thousand one shall provide that the political subdivision
shall pay the cost of such cleaning in the first instance and that the
state shall reimburse the political subdivision from funds appropriated
from the court facilities incentive aid fund an amount equaling: (i)
twenty-five percent of all expenses the political subdivision actually
and necessarily incurred in compliance with this paragraph if the fiscal
year commenced April first, nineteen hundred ninety-eight, (ii) fifty
percent of all expenses the political subdivision actually and
necessarily incurred in compliance with this paragraph if the fiscal
year commenced April first, nineteen hundred ninety-nine, and (iii)
seventy-five percent of all expenses the political subdivision actually
and necessarily incurred in compliance with this paragraph if the fiscal
year commenced April first, two thousand.
(c) Where a political subdivision shall fail to enter into a contract
pursuant to paragraph (a) of this subdivision for the cleaning of court
facilities in that political subdivision during a fiscal year ending
prior to April first, two thousand one or to comply with provisions of
such a contract once entered into, and the chief administrator proceeds
pursuant to an alternative plan pursuant to such paragraph, the chief
administrator shall certify that fact to the state comptroller, the
director of the budget, the chair of the senate finance committee and
the chair of the assembly ways and means committee, along with the cost
of such alternative plan to the state in such fiscal year. In such
event, the political subdivision shall be required to reimburse the
state for a percentage of such cost as follows:
(i) in the fiscal year commencing April first, nineteen hundred
ninety-eight, seventy-five percent;
(ii) in the fiscal year commencing April first, nineteen hundred
ninety-nine, fifty percent; and
(iii) in the fiscal year commencing April first, two thousand,
twenty-five percent.
Effective for each fiscal year in which a political subdivision is
required to reimburse the state pursuant to this paragraph, the state
comptroller shall: (i) deduct from any moneys payable to such political
subdivision from the local assistance fund the amount of such
reimbursement, and (ii) transfer the amount of such deduction from the
local assistance fund to the court facilities incentive aid fund.
4. Notwithstanding the provisions of subdivisions two and three of
this section, where, for a state fiscal year commencing on or after
April first, nineteen hundred ninety-eight, a political subdivision
demonstrates to the chief administrator that its net liability under
this section on account of expenses incurred pursuant to this section
for its court facilities during that state fiscal year is greater than
the difference between: (i) the amount of those expenses and (ii) the
amount of state assistance to which the political subdivision would have
been entitled, on account of expenses paid during such fiscal year,
pursuant to the provisions of paragraph (a) of subdivision two of
section fifty-four-j of the state finance law in effect prior to
enactment of chapter six hundred eighty-six of the laws of nineteen
hundred ninety-six had such provisions remained in effect, then, for
that fiscal year, the amount of reimbursement the political subdivision
is owed by the state shall be increased or the amount of reimbursement
it owes the state shall be decreased, as appropriate, so that the
political subdivision's net liability under this section for the fiscal
year equals such difference. For purposes of this subdivision, a
political subdivision's net liability under this section for a state
fiscal year shall equal: (i) the difference between the amount of the
expenses for court facilities in such political subdivision incurred by
the state pursuant to this section and the amount of reimbursement owed
the state therefor by the political subdivision in such fiscal year, if
paragraph (c) of subdivision three of this section applies, or (ii) the
amount of reimbursement owed by the state to the political subdivision
in such fiscal year pursuant to paragraph (b) of subdivision three of
this section, if such paragraph (b) applies.
ARTICLE 2-A State Commission On Judicial Conduct
Definitions. For the purposes of this article the following
terms have the following meanings:
1. "Commission" means the state commission on judicial conduct.
2. "Judge" means a judge or justice of any court of the unified court
system.
3. "Hearing" means a proceeding under subdivision four of section
forty-four of this article.
4. "Member of the bar" means a person admitted to the practice of law
in this state for at least five years.
Recycled products. All products purchased by the courts shall
be recycled products, which meet contract specifications, unless the
product is only available without recycled content, and provided that
the cost of the recycled product does not exceed a cost premium of ten
percent above the cost of a comparable product that is not a recycled
product or, if at least fifty percent of the secondary materials
utilized in the manufacture of that product are generated from the waste
stream in New York state, the cost of the recycled product does not
exceed a cost premium of fifteen percent above the cost of a comparable
product that is not a recycled product. For the purpose of this section
and until July first, nineteen hundred ninety-six, "recycled product"
shall mean any product which has been manufactured from secondary
materials, as defined in subdivision one of section two hundred
sixty-one of the economic development law, and meets secondary material
content requirements adopted by the office of general services under
subdivision one of section one hundred seventy-seven of the state
finance law for products available to the courts under state contract
or, if no such contract for such product is available, any product which
meets the secondary material content requirements adopted by the courts
with respect to a specific commodity procurement by the court. On and
after July first, nineteen hundred ninety-six, "recycled product" shall
mean, for the purposes of this section, any product which has been
manufactured from secondary materials, as defined in subdivision one of
section two hundred sixty-one of the economic development law, and which
meets the requirements of subdivision two of section 27-0717 of the
environmental conservation law and regulations promulgated pursuant
thereto. Whenever purchasing or causing the purchase of printing on
recycled paper pursuant to this section, the courts shall require the
printed material to contain the official state recycling emblem
established pursuant to subdivision two of section 27-0717 of the
environmental conservation law and regulations promulgated pursuant
thereto if such paper has been approved by the department of
environmental conservation as satisfying the requirements of such
statute and regulations, or, if such paper has not been so approved,
require the printed material to include a printed statement which
indicates the percentages of pre-consumer and post-consumer recycled
material content of such paper.
State commission on judicial conduct; organization. 1. A state
commission on judicial conduct is hereby established. The commission
shall consist of eleven members, of whom four shall be appointed by the
governor, one by the temporary president of the senate, one by the
minority leader of the senate, one by the speaker of the assembly, one
by the minority leader of the assembly and three by the chief judge of
the court of appeals. Of the members appointed by the governor one
person shall be a member of the bar of the state but not a judge, two
shall not be members of the bar, judges or retired judges, and one shall
be a judge. Of the members appointed by the chief judge one person shall
be a justice of the appellate division of the supreme court, one person
shall be a judge of a court other than the court of appeals or appellate
divisions and one person shall be a justice of a town or village court.
None of the persons to be appointed by the legislative leaders shall be
judges or retired judges.
2. Membership on the commission by a judge shall not constitute the
holding of a public office and no judge shall be required to take and
file an oath of office before serving on the commission. The members of
the commission shall elect one of their number to serve as chairman
during his term of office or for a period of two years, whichever is
shorter.
3. The persons first appointed by the governor shall have respectively
one, two, three, and four year terms as he shall designate. The persons
first apppointed by the chief judge of the court of appeals shall have
respectively two, three and four year terms as he shall designate. The
person first appointed by the temporary president of the senate shall
have a one year term. The person first appointed by the minority leader
of the senate shall have a two year term. The person first appointed by
the speaker of the assembly shall have a four year term. The person
first appointed by the minority leader of the assembly shall have a
three year term. Each member of the commission shall be appointed
thereafter for a term of four years. Commission membership of a judge or
justice appointed by the governor or the chief judge shall terminate if
such member ceases to hold the judicial position which qualified him for
such appointment. Membership shall also terminate if a member attains a
position which would have rendered him ineligible for appointment at the
time of his appointment. A vacancy shall be filled by the appointing
officer for the remainder of the term.
4. If a member of the commission who is a judge is the subject of a
complaint or investigation with respect to his qualifications, conduct,
fitness to perform or performance of his official duties, he shall be
disqualified from participating in any and all proceedings with respect
thereto.
5. Each member of the commission shall serve without salary or other
compensation, but shall be entitled to receive actual and necessary
expenses incurred in the discharge of his or her duties.
6. For any action taken pursuant to subdivisions four through eight of
section forty-four or subdivision two of section forty-three of this
article, eight members of the commission shall constitute a quorum of
the commission and the concurrence of six members of the commission
shall be necessary. Two members of a three member panel of the
commission shall constitute a quorum of the panel and the concurrence of
two members of the panel shall be necessary for any action taken.
7. The commission shall appoint and at pleasure may remove an
administrator who shall be a member of the bar who is not a judge or
retired judge. The administrator of the commission may appoint such
deputies, assistants, counsel, investigators and other officers and
employees as he may deem necessary, prescribe their powers and duties,
fix their compensation and provide for reimbursement of their expenses
within the amounts appropriated therefor.
Functions; powers and duties. The commission shall have the
following functions, powers and duties:
1. To conduct hearings and investigations, administer oaths or
affirmations, subpoena witnesses, compel their attendance, examine them
under oath or affirmation and require the production of any books,
records, documents or other evidence that it may deem relevant or
material to an investigation; and the commission may designate any of
its members or any member of its staff to exercise any such powers,
provided, however, that except as is otherwise provided in section
forty-three of this article, only a member of the commission or the
administrator shall exercise the power to subpoena witnesses or require
the production of books, records, documents or other evidence.
2. To confer immunity when the commission deems it necessary and
proper in accordance with section 50.20 of the criminal procedure law;
provided, however, that at least forty-eight hours prior written notice
of the commission's intention to confer such immunity is given the
attorney general and the appropriate district attorney.
3. To request and receive from any court, department, division, board,
bureau, commission, or other agency of the state or political
subdivision thereof or any public authority such assistance, information
and data as will enable it properly to carry out its functions, powers
and duties.
4. To report annually, on or before the first day of March in each
year and at such other times as the commission shall deem necessary, to
the governor, the legislature and the chief judge of the court of
appeals, with respect to proceedings which have been finally determined
by the commission. Such reports may include legislative and
administrative recommendations. The contents of the annual report and
any other report shall conform to the provisions of this article
relating to confidentiality.
5. To adopt, promulgate, amend and rescind rules and procedures, not
otherwise inconsistent with law, necessary to carry out the provisions
and purposes of this article. All such rules and procedures shall be
filed in the offices of the chief administrator of the courts and the
secretary of state.
6. To do all other things necessary and convenient to carry out its
functions, powers and duties expressly set forth in this article.
Panels; referees. 1. The commission may delegate any of its
functions, powers and duties to a panel of three of its members, one of
whom shall be a member of the bar, except that no panel shall confer
immunity in accordance with section 50.20 of the criminal procedure law.
No panel shall be authorized to take any action pursuant to subdivisions
four through eight of section forty-four of this article or subdivision
two of this section.
2. The commission may designate a member of the bar who is not a judge
or a member of the commission or its staff as a referee to hear and
report to the commission in accordance with the provisions of section
forty-four of this article. Such referee shall be empowered to conduct
hearings, administer oaths or affirmations, subpoena witnesses, compel
their attendance, examine them under oath or affirmation and require the
production of any books, records, documents or other evidence that the
referee may deem relevant or material to the subject of the hearing.
Complaint; investigation; hearing and disposition. 1. The
commission shall receive, initiate, investigate and hear complaints with
respect to the conduct, qualifications, fitness to perform, or
performance of official duties of any judge, and, in accordance with the
provisions of subdivision d of section twenty-two of article six of the
constitution, may determine that a judge be admonished, censured or
removed from office for cause, including, but not limited to, misconduct
in office, persistent failure to perform his duties, habitual
intemperance and conduct, on or off the bench, prejudicial to the
administration of justice, or that a judge be retired for mental or
physical disability preventing the proper performance of his judicial
duties. A complaint shall be in writing and signed by the complainant
and, if directed by the commission, shall be verified. Upon receipt of a
complaint (a) the commission shall conduct an investigation of the
complaint; or (b) the commission may dismiss the complaint if it
determines that the complaint on its face lacks merit. If the complaint
is dismissed, the commission shall so notify the complainant. If the
commission shall have notified the judge of the complaint, the
commission shall also notify the judge of such dismissal.
2. The commission may, on its own motion, initiate an investigation of
a judge with respect to his qualifications, conduct, fitness to perform
or the performance of his official duties. Prior to initiating any such
investigation, the commission shall file as part of its record a written
complaint, signed by the administrator of the commission, which
complaint shall serve as the basis for such investigation.
3. In the course of an investigation, the commission may require the
appearance of the judge involved before it, in which event the judge
shall be notified in writing of his required appearance, either
personally, at least three days prior to such appearance, or by
certified mail, return receipt requested, at least five days prior to
such appearance. In either case a copy of the complaint shall be served
upon the judge at the time of such notification. The judge shall have
the right to be represented by counsel during any and all stages of the
investigation in which his appearance is required and to present
evidentiary data and material relevant to the complaint. A transcript
shall be made and kept with respect to all proceedings at which
testimony or statements under oath of any party or witness shall be
taken, and the transcript of the judge's testimony shall be made
available to the judge without cost. Such transcript shall be
confidential except as otherwise permitted by section forty-five of this
article.
4. If in the course of an investigation, the commission determines
that a hearing is warranted it shall direct that a formal written
complaint signed and verified by the administrator be drawn and served
upon the judge involved, either personally or by certified mail, return
receipt requested. The judge shall file a written answer to the the
complaint with the commission within twenty days of such service. If,
upon receipt of the answer, or upon expiration of the time to answer,
the commission shall direct that a hearing be held with respect to the
complaint, the judge involved shall be notified in writing of the date
of the hearing either personally, at least twenty days prior thereto, or
by certified mail, return receipt requested, at least twenty-two days
prior thereto. Upon the written request of the judge, the commission
shall, at least five days prior to the hearing or any adjourned date
thereof, make available to the judge without cost copies of all
documents which the commission intends to present at such hearing and
any written statements made by witnesses who will be called to give
testimony by the commission. The commission shall, in any case, make
available to the judge at least five days prior to the hearing or any
adjourned date thereof any exculpatory evidentiary data and material
relevant to the complaint. The failure of the commission to timely
furnish any documents, statements and/or exculpatory evidentiary data
and material provided for herein shall not affect the validity of any
proceedings before the commission provided that such failure is not
substantially prejudicial to the judge. The complainant may be notified
of the hearing and unless he shall be subpoenaed as a witness by the
judge, his presence thereat shall be within the discretion of the
commission. The hearing shall not be public unless the judge involved
shall so demand in writing. At the hearing the commission may take the
testimony of witnesses and receive evidentiary data and material
relevant to the complaint. The judge shall have the right to be
represented by counsel during any and all stages of the hearing and
shall have the right to call and cross-examine witnesses and present
evidentiary data and material relevant to the complaint. A transcript
of the proceedings and of the testimony of witnesses at the hearing
shall be taken and kept with the records of the commission.
5. Subject to the approval of the commission, the administrator and
the judge may agree on a statement of facts and may stipulate in writing
that the hearing shall be waived. In such a case, the commission shall
make its determination upon the pleadings and the agreed statement of
facts.
6. If, after a formal written complaint has been served pursuant to
subdivision four of this section, or during the course of or after a
hearing, the commission determines that no further action is necessary,
the complaint shall be dismissed and the complainant and the judge shall
be so notified in writing.
7. After a hearing, the commission may determine that a judge be
admonished, censured, removed or retired. The commission shall transmit
its written determination, together with its findings of fact and
conclusions of law and the record of the proceedings upon which its
determination is based, to the chief judge of the court of appeals who
shall cause a copy thereof to be served either personally or by
certified mail, return receipt requested, on the judge involved. Upon
completion of service, the determination of the commission, its findings
and conclusions and the record of its proceedings shall be made public
and shall be made available for public inspection at the principal
office of the commission and at the office of the clerk of the court of
appeals. The judge involved may either accept the determination of the
commission or make written request to the chief judge, within thirty
days after receipt of such determination, for a review thereof by the
court of appeals. If the commission has determined that a judge be
admonished or censured, and if the judge accepts such determination or
fails to request a review thereof by the court of appeals, the
commission shall thereupon admonish or censure him in accordance with
its findings. If the commission has determined that a judge be removed
or retired, and if the judge accepts such determination or fails to
request a review thereof by the court of appeals, the court of appeals
shall thereupon order his removal or retirement in accordance with the
findings of the commission.
8. (a) The court of appeals may suspend a judge or justice from
exercising the powers of his office while there is pending a
determination by the commission for his removal or retirement, or while
he is charged in this state with a felony by an indictment or an
information filed pursuant to section six of article one of the
constitution. The suspension shall continue upon conviction and, if the
conviction becomes final, he shall be removed from office. The
suspension shall be terminated upon reversal of the conviction and
dismissal of the accusatory instrument.
(b) Upon the recommendation of the commission or on its own motion,
the court may suspend a judge or justice from office when he is charged
with a crime punishable as a felony under the laws of this state, or any
other crime which involves moral turpitude. The suspension shall
continue upon conviction and, if the conviction becomes final, he shall
be removed from office. The suspension shall be terminated upon reversal
of the conviction and dismissal of the accusatory instrument.
(c) A judge or justice who is suspended from office by the court shall
receive his judicial salary during such period of suspension, unless the
court directs otherwise. If the court has so directed and such
suspension is thereafter terminated, the court may direct that he shall
be paid his salary for such period of suspension.
(d) Nothing in this subdivision shall prevent the commission from
determining that a judge or justice be admonished, censured, removed, or
retired pursuant to subdivision seven of this section.
9. In its review of a determination of the commission, the court of
appeals shall review the commission's findings of fact and conclusions
of law on the record of the proceedings upon which the commission's
determination was based. After such review, the court may accept or
reject the determined sanction; impose a different sanction including
admonition, censure, removal or retirement for the reasons set forth in
subdivision one of this section; or impose no sanction.
10. If during the course of or after an investigation or hearing, the
commission determines that the complaint or any allegation thereof
warrants action, other than in accordance with the provisions of
subdivisions seven and eight of this section, within the powers of: (a)
a person having administrative jurisdiction over the judge involved in
the complaint or; (b) an appellate division of the supreme court; or (c)
a presiding justice of an appellate division of the supreme court; or
(d) the chief judge of the court of appeals; or (e) the governor; or (f)
an applicable district attorney's office or other prosecuting agency,
the commission shall refer such complaint or the appropriate allegations
thereof and any evidence or material related thereto to such person,
agency or court for such action as may be deemed proper or necessary.
11. The commission shall notify the complainant of its disposition of
the complaint.
Confidentiality of records. 1. Except as hereinafter provided,
all complaints, correspondence, commission proceedings and transcripts
thereof, other papers and data and records of the commission shall be
confidential and shall not be made available to any person except
pursuant to section forty-four of this article. The commission and its
designated staff personnel shall have access to confidential material in
the performance of their powers and duties. If the judge who is the
subject of a complaint so requests in writing, copies of the complaint,
the transcripts of hearings by the commission thereon, if any, and the
dispositive action of the commission with respect to the complaint, such
copies with any reference to the identity of any person who did not
participate at any such hearing suitably deleted therefrom, except the
subject judge or complainant, shall be made available for inspection and
copying to the public, or to any person, agency or body designated by
such judge.
2. Notwithstanding any provision in this section, the commission, with
the consent of the applicant, shall provide the record of any proceeding
pursuant to a formal written complaint against an applicant for judicial
appointment in which the applicant's misconduct was established, any
pending complaint against an applicant, and the record to date of any
pending proceeding pursuant to a formal written complaint against an
applicant for judicial appointment:
(a) to the commission on judicial nomination established by article
three-A of this chapter, with respect to applicants for appointment to
the court of appeals;
(b) to the governor with respect to all applicants whom the governor
indicates are under consideration for any judicial appointment; and
(c) to the temporary president of the senate and the chairman of the
senate judiciary committee with respect to all nominees for judicial
appointments which are subject to the advice and consent of the senate.
The commission shall respond within fifteen days of a request for the
information provided for in this subdivision.
Breach of confidentiality of commission information. 1. Any
staff member, employee or agent of the state commission on judicial
conduct who violates any of the provisions of section forty-five of this
article shall be subject to a reprimand, a fine, suspension or removal
by the commission.
2. Within ten days after the commission has acquired knowledge that a
staff member, employee or agent of the commission has or may have
breached the provisions of section forty-five of this article, written
charges against such staff member, employee or agent shall be prepared
and signed by the chairman of the commission and filed with the
commission. Within five days after receipt of charges, the commission
shall determine, by a vote of the majority of all the members of the
commission, whether probable cause for such charges exists. If such
determination is affirmative, within five days thereafter a written
statement specifying the charges in detail and outlining his rights
under this section shall be forwarded to the accused staff member,
employee or agent by certified mail. The commission may suspend the
staff member, employee or agent, with or without pay, pending the final
determination of the charges. Within ten days after receipt of the
statement of charges, the staff member, employee or agent shall notify
the commission in writing whether he desires a hearing on the charges.
The failure of the staff member, employee or agent to notify the
commission of his desire to have a hearing within such period of time
shall be deemed a waiver of the right to a hearing. If the hearing has
been waived, the commission shall proceed, within ten days after such
waiver, by a vote of a majority of all the members of such commission,
to determine the charges and fix the penalty or punishment, if any, to
be imposed as hereinafter provided.
3. Upon receipt of a request for a hearing, the commission shall
schedule a hearing, to be held at the commission offices, within twenty
days after receipt of the request therefor, and shall immediately notify
in writing the staff member, employee or agent of the time and place
thereof.
4. The commission shall have the power to establish necessary rules
and procedures for the conduct of hearings under this section. Such
rules shall not require compliance with technical rules of evidence. All
such hearings shall be held before a hearing panel composed of three
members of the commission selected by the commission. Each hearing shall
be conducted by the chairman of the panel who shall be selected by the
panel. The staff member, employee or agent shall have a reasonable
opportunity to defend himself and to testify on his own behalf. He shall
also have the right to be represented by counsel, to subpoena witnesses
and to cross-examine witnesses. All testimony taken shall be under oath
which the chairman of the panel is hereby authorized to administer. A
record of the proceedings shall be made and a copy of the transcript of
the hearing shall, upon written request, be furnished without charge to
the staff member, employee or agent involved.
5. Within five days after the conclusion of a hearing, the panel shall
forward a report of the hearing, including its findings and
recommendations, including its recommendations as to penalty or
punishment, if one is warranted, to the commission and to the accused
staff member, employee or agent. Within ten days after receipt of such
report the commission shall determine whether it shall implement the
recommendations of the panel. If the commission shall determine to
implement such recommendations, which shall include the penalty or
punishment, if any, of a reprimand, a fine, suspension for a fixed time
without pay or dismissal, it shall do so within five days after such
determination. If the charges against the staff member, employee or
agent are dismissed, he shall be restored to his position with full pay
for any period of suspension without pay and the charges shall be
expunged from his record.
6. The accused staff member, employee or agent may seek review of the
determination of the commission by way of a special proceeding pursuant
to article seventy-eight of the civil practice law and rules.
Resignation not to divest commission or court of appeals of
jurisdiction. The jurisdiction of the court of appeals and the
commission pursuant to this article shall continue notwithstanding that
a judge resigns from office after a determination of the commission that
the judge be removed from office has been transmitted to the chief judge
of the court of appeals, or in any case in which the commission's
determination that a judge should be removed from office shall be
transmitted to the chief judge of the court of apppeals within one
hundred twenty days after receipt by the chief administrator of the
courts of the resignation of such judge. Any determination by the court
of appeals that a judge who has resigned should be removed from office
shall render such judge ineligible to hold any other judicial office.
The chief administrator of the courts shall give written notice to the
commission of the resignation of any judge who is the subject of an
investigation within five days after his receipt thereof.
Courts on the judiciary; former commission on judicial conduct;
jurisdiction and powers. Notwithstanding any other law to the contrary:
1. If a court on the judiciary shall have been convened before the first
day of April, nineteen hundred seventy-eight, and the proceeding therein
shall not have been concluded by that date, the court on the judiciary
shall have continuing jurisdiction beyond that date to conclude the
proceeding in accordance with the provisions of section twenty-two of
article six of the constitution in effect on the thirty-first day of
March, nineteen hundred seventy-eight.
2. If, pursuant to the former provisions of section twenty-two of
article six of the constitution and article two-A of the judiciary law,
a complaint had been received by the former commission on judicial
conduct but a court on the judiciary had not been convened in respect to
such matter on or before the thirty-first day of March, nineteen hundred
seventy-eight, a court on the judiciary shall not be convened, and the
provisions of section twenty-two of article six of the constitution, as
such section took effect on the first day of April, nineteen hundred
seventy-eight, and the provisions of this article shall apply.
3. All matters pending before the former commission on judicial
conduct on the thirty-first day of March, nineteen hundred
seventy-eight, shall be transferred to and, effective the first day of
April, nineteen hundred seventy-eight, shall be pending before the
commission on judicial conduct established by section twenty-two of
article six of the constitution, as such section took effect on the
first day of April, nineteen hundred seventy-eight, and all files and
records of the former commission shall be transferred to, and shall
become files and records of the new commission created by this article
from and after the first day of April, nineteen hundred seventy-eight.
4. All provisions of law enacted to take effect on or after the first
day of April, nineteen hundred seventy-eight, relating to procedures
before the commission on judicial conduct established by section
twenty-two of article six of the constitution, as such section took
effect on the first day of April, nineteen hundred seventy-eight, and
all rules adopted by such commission, shall apply to (1) all matters
coming before the commission on or after the first day of April,
nineteen hundred seventy-eight, and (2) all matters transferred to such
commission pursuant to subdivision three of this section.
5. The commission shall succeed to the exercise of all of the
functions, powers and duties of the former commission on judicial
conduct including the power to continue any investigation, proceeding or
matter pending undetermined before such former commission pursuant to
the former provisions of article two-A of this chapter and the power to
act as counsel to conduct any proceeding before a court on the
judiciary, pursuant to the former provisions of subdivision f of section
twenty-two of article six of the constitution, provided, however, that
any recommendation or determination by the commission in any matter
pending undetermined before such former commission shall be made in
accordance with the provisions of this article.
6. Any action taken, function performed or proceeding conducted by the
commission on judicial conduct pursuant to the authority of section
twenty-two of article six of the constitution, as such section took
effect on the first day of April nineteen hundred seventy-eight, prior
to the date on which the provisions of this article became effective,
are hereby legalized, ratified and confirmed.
ARTICLE 3 Court of Appeals
Court of appeals may make rules of practice for its court. The
court of appeals may from time to time adopt, amend, or rescind rules,
not inconsistent with the constitution or statutes of the state,
regulating the practice and proceedings in the court.
General rule or order of court of appeals must be published. A
general rule or order of the court of appeals does not take effect until
it has been published in the state register.
Rule-making power of court of appeals as to admission of
attorneys and counsellors. 1. The court of appeals may from time to time
adopt, amend, or rescind rules not inconsistent with the constitution or
statutes of the state, regulating the admission of attorneys and
counsellors at law, to practice in all the courts of record of the
state.
2. The court may make such provisions as it shall deem proper for
admission to practice as attorneys and counsellors, of persons who have
been admitted to practice in other states or countries.
3. The court shall prescribe rules providing for a uniform system of
examination of candidates for admission to practice as attorneys and
counsellors, which shall govern the state board of law examiners in the
performance of its duties. The court shall not by its rules cause to be
barred from examination or, upon successful completion of the
examination process, subsequent admission to the state bar, provided he
or she shall otherwise meet any requirements for admission, any person
who is currently admitted to practice in the jurisdiction of another
state and has received a degree from a law school which qualifies such
person to practice law in such state, other than a law school which
grants credit for correspondence courses, provided that such person has
been engaged in the actual practice of law in the state in which they
are admitted for no less than five years.
4. The rules established by the court of appeals, touching the
admission of attorneys and counsellors to practice in the courts of
record of the state, shall not be changed or amended, except by a
majority of the judges of that court. A copy of each amendment to such
rules must, within five days after it is adopted, be filed in the office
of the secretary of state.
5. Nothing contained in this chapter prevents the court of appeals
from dispensing, in the rules established by it, with the whole or any
part of the stated period of clerkship required from an applicant, or
with the examination where the applicant is a graduate of the Albany law
school, Union university, or of the New York university school of law,
or of the school of law of Columbia university, or of the university of
Buffalo school of law, or of the Cornell law school, or of the Syracuse
university college of law, or of the Brooklyn law school, or of the
Fordham university school of law, or of any law school, duly registered
by the regents of the university of the state of New York which requires
a three year course for graduation and produces his diploma upon his
application for admission to practice.
6. Nothing contained in this chapter prevents the court of appeals
from adopting rules for the licensing, as a legal consultant, without
examination and without regard to citizenship, of a person admitted to
practice in a foreign country as an attorney or counsellor or the
equivalent. Any person so licensed shall not practice in the courts of
the state but may render legal services in the state within limitations
prescribed in rules adopted by the court of appeals and shall subject to
the foregoing be governed by the provisions of section ninety and
article fifteen of this chapter.
Terms of court of appeals. The terms of the court of appeals
must be appointed to be held at such times and places as the court
thinks proper, and continued as long as the public interest requires.
A term of the court may be appointed to be held in a building other
than that designated by law for holding courts.
A term may be adjourned from the place where it is appointed to be
held, to another place in the same city.
One or more of the judges may adjourn a term, without day, or to a day
certain.
Chambers for judges of court of appeals. In case of the refusal
or neglect of the board of supervisors of a county to provide chambers
for a resident judge of the court of appeals pursuant to section two
hundred eighteen of the county law, the judge may rent and maintain
chambers in such county offices suitable for his or her use, and the
necessary expense thereof shall be a charge upon the county and, when
paid, subject to reimbursement by the state in accordance with section
fifty-four-j of the state finance law as if the county had leased the
facilities for such chambers.
Court of appeals to appoint state board of law examiners. The
court of appeals shall, from time to time, appoint five members of the
bar to constitute the state board of law examiners. Each member of such
board shall hold office for a term of three years, and until the
appointment of his successor.
Appointment of clerks, messenger and attendants. The court of
appeals may, from time to time, by an order entered in its minutes,
appoint and remove its clerk, a law clerk, a messenger, and such
attendants or other clerks as it deems necessary.
Appointment of clerks to judges of court of appeals. Each judge
of the court of appeals may appoint and at pleasure remove a clerk. The
chief judge, in addition thereto, is authorized to appoint a
confidential clerk.
Duty of court of appeals to direct action on forfeiture of bond
given by clerk of court. If the bond given by the clerk of the court of
appeals, before entering upon his duties, as prescribed by law, is
forfeited by a breach of its condition, the court of appeals must, by
order, direct an action to be brought thereon. The money recovered must
be applied, under the direction of the court of appeals, to indemnify
the persons aggrieved by the breach, in proportion to their respective
losses, and to make good any other loss, occasioned by the breach.
Court of appeals building. The chief judge of the court of
appeals shall have supervision and control of the court of appeals
building in the city of Albany, with the grounds and premises adjacent
or appurtenant thereto or connected therewith belonging to the state so
far as such grounds and premises now and hereafter shall be laid out and
completed.
ARTICLE 3-A Commission On Judicial Nomination
Definitions. For the purpose of this article, the following
terms shall have the following meanings:
1. "Commission" means the commission on judicial nomination.
2. "Candidate" means a person who is constitutionally eligible to hold
the office of chief judge or associate judge of the court of appeals and
(a) who has requested the commission to consider his qualifications to
hold such office; or (b) who has been recommended for consideration by
the commission by another person, including a community or professional
organization; or (c) who has agreed to be considered by the commission
at the commission's request.
Organization of the commission. 1. A commission on judicial
nomination is hereby established. The commission shall consist of twelve
members of whom four shall be appointed by the governor, four by the
chief judge of the court of appeals, and one each by the speaker of the
assembly, the temporary president of the senate, the minority leader of
the senate, and the minority leader of the assembly. Of the four members
appointed by the governor, no more than two shall be enrolled in the
same political party, two shall be members of the bar of the state, and
two shall not be members of the bar of the state. Of the four members
appointed by the chief judge of the court of appeals, no more than two
shall be enrolled in the same political party, two shall be members of
the bar of the state, and two shall not be members of the bar of the
state. No member of the commission shall hold or have held any judicial
office or hold any elected public office for which he receives
compensation during his period of service, except that the governor and
the chief judge may each appoint no more than one former judge or
justice of the unified court system to such commission. No member of the
commission shall hold any office in any political party. No member of
the judicial nominating commission shall be eligible for appointment to
judicial office in any court of the state during the member's period of
service or within one year thereafter. The members of the commission
shall be residents of the state.
2. The members first appointed by the governor shall have respectively
one, two, three and four-year terms as he shall designate. The members
first appointed by the chief judge of the court of appeals shall have
respectively one, two, three and four-year terms as he shall designate.
The member first appointed by the temporary president of the senate
shall have a one-year term. The member first appointed by the minority
leader of the senate shall have a two-year term. The member first
appointed by the speaker of the assembly shall have a four-year term.
The member first appointed by the minority leader of the assembly shall
have a three-year term. Each subsequent appointment shall be for a term
of four years.
3. A vacancy shall be deemed to occur immediately upon the appointment
or election of any member to an office that would disqualify him for
appointment to, or membership on, the commission. A vacancy occuring for
any reason other than by expiration of term shall be filled by the
appointing officer for the remainder of the unexpired term.
4. The members shall designate one of their number to serve as
chairman for a period of two years or until his term of office expires,
whichever period is shorter.
5. Each member of the commission shall be entitled to receive his
actual and necessary expenses incurred in the discharge of his duties.
6. Ten members of the commission shall constitute a quorum.
Functions of the commission. 1. The commission shall consider
and evaluate the qualifications of candidates for appointment to the
offices of chief judge and associate judge of the court of appeals and,
as a vacancy occurs in any such office, shall recommend to the governor
persons who by their character, temperament, professional aptitude and
experience are well qualified to hold such judicial office.
2. (a) In recognition of the unique responsibilities of the chief
judge of the court of appeals for policies of judicial administration,
for a vacancy in the office of chief judge the commission shall
recommend to the governor seven persons.
(b) For a vacancy in the office of associate judge, the commission
shall recommend to the governor at least three persons and not more than
seven persons. Should more than one vacancy exist at the same time in
the office of associate judge, the number of persons recommended by the
commission to the governor shall be at least three plus one additional
person for each vacancy in such office, and not more than seven plus one
additional person for each vacancy in such office.
(c) Should vacancies exist in the offices of chief judge and associate
judge at the same time, the commission shall recommend for the office of
associate judge the number of persons as provided in paragraph (b) of
this subdivision, provided, however, that in addition thereto the
commission may also recommend for associate judge any of the persons who
have been recommended to the governor for the office of chief judge.
3. A recommendation to the governor shall require the concurrence of
eight members of the commission. The recommendations to the governor
shall be transmitted to the governor in a single written report which
shall be released to the public by the commission at the time it is
submitted to the governor. The report shall be in writing, signed only
by the chairman, and shall include the commission's findings relating to
the character, temperament, professional aptitude, experience,
qualifications and fitness for office of each candidate who is
recommended to the governor.
4. No person shall be recommended to the governor who has not
consented to be a candidate, who has not been personally interviewed by
a quorum of the membership of the commission, and who has not filed a
financial statement with the commission, on a form to be prescribed by
the commission. The financial statement shall consist of a sworn
statement of the person's assets, liabilities and sources of income, and
any other relevant financial information which the commission may
require. The commission shall transmit to the governor the financial
statement filed by each person who is recommended. The governor shall
make available to the public the financial statement filed by the person
who is appointed to fill a vacancy. The financial statements filed by
all other persons recommended to the governor, but not appointed by him,
shall be confidential.
Additional functions of the commission. The commission shall
have the following functions, powers and duties:
1. Establish procedures to assure that persons who may be well
qualified for appointment to the court of appeals, other than those who
have requested consideration or who have been recommended for
consideration by others, are encouraged to agree to be considered by the
commission.
2. Conduct investigations, administer oaths or affirmations, subpoena
witnesses and compel their attendance, examine them under oath or
affirmation and require the production of any books, records, documents
or other evidence that it may deem relevant or material to its
evaluation of candidates.
3. Require from any court, department, division, board, bureau,
commission, or other agency of the state or political subdivision
thereof or any public authority such assistance, information and data,
as will enable it properly to evaluate the qualifications of candidates,
subject to any absolute judicial or executive privilege, where one
exists.
Notwithstanding any other provision of law, the commission, with the
consent of the applicant, shall be entitled to require from the
commission on judicial conduct the record of any proceeding pursuant to
a formal written complaint against an applicant for judicial appointment
to the court of appeals, in which the applicant's misconduct was
established, any pending complaint against an applicant, and the record
to date of any pending proceeding pursuant to a formal written complaint
against such applicant for appointment to the court of appeals. The
commission on judicial conduct shall have fifteen days within which to
respond to a request made pursuant to this subdivision.
4. Require the appearance of any candidate before it and interview any
person concerning the qualifications of any candidate.
5. Communicate with the governor concerning the qualifications of any
person whom it has recommended to the governor, and communicate with the
senate concerning the qualifications of the person appointed by the
governor.
6. The commission may appoint, and at pleasure remove, a counsel and
such other staff as it may require from time to time, and prescribe
their powers and duties. The commission shall fix the compensation of
its staff and provide for reimbursement of their expenses within the
amounts appropriated by law.
7. Do all other things necessary and convenient to carry out its
functions pursuant to this article.
Rules of the commission. 1. The commission shall adopt, and may
amend, written rules of procedure not inconsistent with law.
2. Rules of the commission shall be filed with the secretary of state
and the clerk of the court of appeals and shall be published in the
official compilation of codes, rules and regulations of the state. Upon
request of any person, the secretary of state shall furnish a copy of
the commission's rules without charge.
3. Rules of the commission may prescribe forms and questionnaires to
be completed and, if required by the commission, verified by candidates.
4. Rules of the commission shall provide that upon the completion by
the commission of its consideration and evaluation of the qualifications
of a candidate, there shall be no reconsideration of such candidate for
the vacancy for which he was considered, except with the concurrence of
nine members of the commission.
Confidentiality of proceedings and records. 1. All
communications to the commission, and its proceedings, and all
applications, correspondence, interviews, transcripts, reports and all
other papers, files and records of the commission shall be confidential
and privileged and, except for the purposes of article two hundred ten
of the penal law, shall not be made available to any person except as
otherwise provided in this article.
2. The governor shall have access to all papers and information
relating to persons recommended to him by the commission. The senate
shall have access to all papers and information relating to the person
appointed by the governor to fill a vacancy. All information that is
not publicly disclosed in accordance with subdivisions three and four of
section sixty-three of this article, or disclosed in connection with the
senate's confirmation of the appointment, shall remain confidential and
privileged, except for the purposes of article two hundred ten of the
penal law.
3. Neither the members of the commission nor its staff shall publicly
divulge the names of, or any information concerning, any candidate
except as otherwise provided in this article.
Breach of confidentiality of commission information. 1. Any
staff member, employee or agent of the state commission on judicial
nomination who violates any of the provisions of section sixty-six of
this article shall be subject to a reprimand, a fine, suspension or
removal by the commission.
2. Within ten days after the commission has acquired knowledge that a
staff member, employee or agent of the commission has or may have
breached the provisions of section sixty-six of this article, written
charges against such staff member, employee or agent shall be prepared
and signed by the chairman of the commission and filed with the
commission. Within five days after receipt of charges, the commission
shall determine, by a vote of the majority of all the members of the
commission, whether probable cause for such charges exists. If such
determination is affirmative, within five days thereafter a written
statement specifying the charges in detail and outlining his rights
under this section shall be forwarded to the accused staff member,
employee or agent by certified mail. The commission may suspend the
staff member, employee or agent, with or without pay, pending the final
determination of the charges. Within ten days after receipt of the
statement of charges, the staff member, employee or agent shall notify
the commission in writing whether he desires a hearing on the charges.
The failure of the staff member, employee or agent to notify the
commission of his desire to have a hearing within such period of time
shall be deemed a waiver of the right to a hearing. If the hearing has
been waived, the commission shall proceed, within ten days after such
waiver, by a vote of a majority of all the members of such commission,
to determine the charges and fix the penalty or punishment, if any, to
be imposed as hereinafter provided.
3. Upon receipt of a request for a hearing, the commission shall
schedule a hearing, to be held at the commission offices, within twenty
days after receipt of the request therefor, and shall immediately notify
in writing the staff member, employee or agent of the time and place
thereof.
4. The commission shall have the power to establish necessary rules
and procedures for the conduct of hearings under this section. Such
rules shall not require compliance with technical rules of evidence. All
such hearings shall be held before a hearing panel composed of three
members of the commission selected by the commission. Each hearing shall
be conducted by the chairman of the panel who shall be selected by the
panel. The staff member, employee or agent shall have a reasonable
opportunity to defend himself and to testify on his own behalf. He shall
also have the right to be represented by counsel, to subpoena witnesses
and to cross-examine witnesses. All testimony taken shall be under oath
which the chairman of the panel is hereby authorized to administer. A
record of the proceedings shall be made and a copy of the transcript of
the hearing shall, upon written request, be furnished without charge to
the staff member, employee or agent involved.
5. Within five days after the conclusion of a hearing, the panel shall
forward a report of the hearing, including its findings and
recommendations, including its recommendations as to penalty or
punishment, if one is warranted, to the commission and to the accused
staff member, employee or agent. Within ten days after receipt of such
report the commission shall determine whether it shall implement the
recommendations of the panel. If the commission shall determine to
implement such recommendations, which shall include the penalty or
punishment, if any, of a reprimand, a fine, suspension for a fixed time
without pay or dismissal, it shall do so within five days after such
determination. If the charges against the staff member, employee or
agent are dismissed, he shall be restored to his position with full pay
for any period of suspension without pay and the charges shall be
expunged from his record.
6. The accused staff member, employee or agent may seek review of the
determination of the commission by way of a special proceeding pursuant
to article seventy-eight of the civil practice law and rules.
Procedures when vacancies occur. 1. Whenever a vacancy will
occur in the office of chief judge or associate judge of the court of
appeals by expiration of term:
(a) on December thirty-first in a year fixed by the constitution for
the election of the governor, the clerk of the court of appeals shall
notify the commission of the anticipated vacancy no later than May
first. The commission shall make its recommendations to the
governor-elect, on December first. The governor shall make his
appointment from among those persons recommended to him by the
commission no sooner than January first nor later than January fifteenth
thereafter; or
(b) on December thirty-first in a year fixed by the constitution for
the election of members of the senate but not the governor, the clerk of
the court of appeals shall notify the commission of the anticipated
vacancy no later than May first. The commission shall make its
recommendations to the governor on December first. The governor shall
make his appointment from among those persons recommended to him by the
commission no sooner than January first nor later than January fifteenth
thereafter; or
(c) on December thirty-first in any other year, the clerk of the court
of appeals shall notify the commission of the anticipated vacancy no
later than May first. The commission shall make its recommendations to
the governor no later than October fifteenth. The governor shall make
his appointment from among those persons recommended to him by the
commission no sooner than November fifteenth nor later than December
first thereafter; or
(d) on any other date, the clerk of the court of appeals shall notify
the commission of the anticipated vacancy no later than eight months
prior to the date such vacancy will occur. The commission shall make its
recommendations to the governor no later than sixty days prior to the
date of such vacancy. The governor shall make his appointment from among
those persons recommended to him by the commission no sooner than
fifteen nor more than thirty days after receipt of the commission's
recommendations.
2. Whenever a vacancy occurs other than by expiration of term, the
clerk of the court of appeals shall immediately notify the commission of
such vacancy. The commission shall make its recommendations to the
governor no later than one hundred twenty days after receipt of such
notice. The governor shall make his appointment from among those persons
recommended to him by the commission no sooner than fifteen days nor
later than thirty days after receipt of the commission's
recommendations.
2-a. Whenever the governor's appointment, upon advice and consent of
the senate, for chief judge of the court of appeals, causes a vacancy in
the office of associate judge of the court of appeals, the governor may
make an appointment for the associate judge vacancy from among the
commission's recommendations for the preceding chief judge vacancy,
provided that the associate judge vacancy occurs within sixty days from
the promulgation of recommendations by the commission for the preceding
chief judge vacancy. The governor may make such appointment immediately
upon the occurrence of the associate judge vacancy. If the governor does
not appoint a nominee from among those recommended for the preceding
chief judge vacancy within fifteen days of the occurrence of the
associate judge vacancy, or upon notice from the governor, whichever
occurs sooner, the clerk of the court of appeals shall notify the
commission of the vacancy. Notwithstanding any other limitations of time
established by this section, the commission shall make its
recommendations to the governor no later than one hundred twenty days
after receipt of such notice, and the governor shall make his or her
appointment from among those persons recommended to him or her by the
commission no sooner than fifteen days nor later than thirty days after
receipt of the commission's recommendations.
3. Whenever a vacancy occurs and the senate is not in session to give
its advice and consent to an appointment to fill such vacancy, the
governor shall make an interim appointment from among those persons
recommended to him by the commission. An interim appointment shall
continue until the senate shall pass upon the governor's selection. If
the senate confirms an appointment, the judge shall serve a term as
provided in subdivision a of section two of article six of the
constitution, commencing from the date of his interim appointment. If
the senate rejects an appointment, a vacancy in the office shall occur
sixty days after such rejection. If an interim appointment to the court
of appeals be made from among the justices of the supreme court or the
appellate divisions thereof, that appointment shall not affect the
justice's existing office, nor create a vacancy in the supreme court, or
the appellate division thereof, unless such appointment is confirmed by
the senate and the appointee shall assume such office. If an interim
appointment of chief judge of the court of appeals be made from among
the associate judges, an interim appointment of associate judge shall be
made in like manner; in such case, the appointment as chief judge shall
not affect the existing office of associate judge, unless such
appointment as chief judge is confirmed by the senate and the appointee
shall assume such office.
4. (a) If the senate is in session at the time the governor makes an
appointment pursuant to subdivision one or two of this section, the
appointment shall be made in accordance with the provisions of section
seven of the public officers law. The senate shall confirm or reject
such appointment no later than thirty days after receipt of the
nomination from the governor. A vacancy shall be deemed to occur upon
the rejection by the senate of such an appointment.
(b) Whenever the governor has made an interim appointment pursuant to
subdivision three of this section, he shall communicate on the first day
that the senate is in session following the making of the interim
appointment, a written nomination to the senate in accordance with the
provisions of section seven of the public officers law. The senate shall
confirm or reject such appointment no later than thirty days after
receipt of the nomination from the governor.
5. The failure of any officer or body to perform any act within a
limitation of time established by this section shall not invalidate any
appointment to the office of chief judge or associate judge of the court
of appeals.
ARTICLE 4 Appellate Division
Judicial departments. The state is hereby divided into four
judicial departments. The first department shall consist of the counties
embraced within the first and twelfth judicial districts; the second
department shall consist of the counties embraced within the second,
ninth, tenth, eleventh and thirteenth judicial districts; the third
department shall consist of the counties embraced within the third,
fourth and sixth judicial districts; the fourth department shall consist
of the counties embraced within the fifth, seventh and eighth judicial
districts.
Designations by governor of justices of appellate division. From
all the justices elected to the supreme court the governor shall
designate those who shall constitute the appellate division in each
department, and he shall designate the presiding justice thereof, who
shall act as such during his term of office, and shall be a resident of
the department. The other justices shall be designated for terms of five
years, or the unexpired portions of their respective terms of office, if
less than five years. From time to time, as the terms of such
designations expire, or vacancies occur, the governor shall make new
designations. He may also, on request of any appellate division, make
temporary designations in case of the absence or inability to act of any
justice in such appellate division, for service during such absence or
inability to act. In case any appellate division shall certify to the
governor that one or more additional justices are needed for the speedy
disposition of the business before it, the governor may designate an
additional justice or justices; but when the need for such additional
justice or justices shall no longer exist, the appellate division shall
so certify to the governor and thereupon service under such designation
or designations shall cease. A majority of the justices designated to
sit in any appellate division shall at all times be residents of the
department. A designation of a justice of the appellate division of the
supreme court must be in writing, and filed in the office of court
administration.
Revocation of designation of justice of appellate division.
Upon the written request of a justice designated for the appellate
division, the governor may revoke his designation by an order to be
filed in the office of court administration. Where such designation is
revoked, the governor may prescribe the duties to be performed by such
justice in holding court in any part of the state, from the time of such
revocation until the taking effect of the next appointment of terms, as
prescribed in this chapter, for the judicial department in which such
justice resides.
Location of appellate court in each department. The appellate
court shall be located, respectively, in the first department, in the
county of New York; in the second department, in the borough of
Brooklyn; in the third department, in the city of Albany; and in the
fourth department, in city of Rochester; but terms thereof may be held
elsewhere in such departments, whenever in the discretion of the
justices thereof, respectively, public interests may require.
Appellate division may compel sheriff to attend to room in which
court is held. The appellate division of the supreme court may enforce
the performance of the duty by the sheriff of causing the room in which
a term of the appellate division is held, to be properly heated,
ventilated, lighted, and kept comfortably clean and in order.
Courthouse of appellate division in first department. The
building erected under chapter one hundred ninety-six of the laws of
eighteen hundred ninety-seven is hereby constituted the courthouse of
the appellate division of the supreme court in the first department, and
shall be under the control and supervision of the justices thereof.
Such justices are hereby authorized to appoint a custodian of such
building, who shall be janitor thereof, and such engineers, cleaners and
other persons as in their opinion shall be necessary for the
preservation, safety and care thereof. The custodian of such building
shall, under the direction of such justices have general charge thereof
and of the records, books and papers therein, so far as may be necessary
to preserve and protect the same, and shall be responsible to them for
the preservation thereof, and shall, with the approval in writing of
such justices or a majority of them, purchase the supplies necessary for
the maintenance of the building, and for lighting, heating and keeping
such building and furniture therein in repair and with the approval of
such justices make necessary contracts therefor. The engineers, cleaners
and other persons who shall be appointed pursuant to this section, other
than the custodian of such building, shall be selected by such justices
in pursuance of such rules as may from time to time be prescribed in
regard thereto by the state civil service commission. The compensation
to be paid to the custodian, engineer, cleaners and other persons
appointed pursuant to this section shall be fixed by the justices of the
appellate division of the supreme court in the first department, and
shall, together with the amount to be paid for the supplies furnished
for the maintenance of such building and for lighting, heating and
keeping such building and the furniture therein in repair, be a county
charge, and shall be paid by the comptroller of the city of New York
upon the certificate of the presiding justice thereof or a majority of
the justices assigned to such appellate division.
Justices of appellate division in first department may make
rules for management of law libraries and court-houses of appellate
division and supreme court. The justices of the appellate division in
the first department shall from time to time make such rules as they may
deem necessary for the management and protection of the law libraries
and for the protection and management of the court-houses and
court-rooms of the appellate division and of the supreme court.
Appointment of terms of appellate division in each department.
The terms of the appellate divisions of the supreme court are to be
appointed by the appellate division in each department, and are to be
held at such times and places and shall continue as long as the
appellate division deems proper.
An appointment of a term or terms of an appellate division must be
made and filed in the office of court administration at least thirty
days before the commencement of such term or terms. The governor may,
when in his opinion the public interest so requires, appoint one or more
extraordinary terms of the appellate division of the supreme court in
any department. He must designate the time and place of holding the same
and he must give notice of the appointment in such manner as, in his
judgment, the public interest requires.
Time for appointment of terms of appellate division in the first
department. The justices of the appellate division in the first
department shall fix a time and place for holding the terms of the
appellate division in the first department on or before the first day of
December in each year.
Associate justice of appellate division to preside in absence of
presiding justice. If the presiding justice is not present at the
sitting of the appellate division, the associate justice presiding in
the department having served the longest time as such, or, if two are
present who have served the same length of time, the elder of them must
act as presiding justice until a presiding justice attends.
Quorum and number necessary to a sitting and decision of
appellate division. No more than five justices of the appellate division
in any department shall sit in any case. In each department four of the
justices shall constitute a quorum, and the concurrence of three shall
be necessary to a decision. If three justices do not concur in a
decision, a reargument must be ordered.
Power of appellate division as to calendars and administration
of justice. The appellate division of each department may provide by
rule for the manner of making up calendars in each county embraced
within the department; for the classification, for the purposes of
trial, of actions placed upon such calendars and for the making up of
two or more calendars within such classification; for the continuance on
such calendars, from term to term, of actions for which notes of issue
have been once served and filed, without a second or further serving and
filing thereof; and also from time to time may provide rules as it may
deem necessary generally to promote the efficient transaction of
business and the orderly administration of justice therein.
Designation by appellate division of special and trial terms of
the supreme court. The justices of the appellate division in each
department shall have power to fix the times and places for holding
special and trial terms of the supreme court held therein, and to assign
the justices in the departments to hold such terms; or make rules
therefor; and may from time to time make additional appointments and
designations, or change or alter those already made.
The justices of the appellate division in the first department shall
from time to time as they may deem necessary fix a time and place in the
first judicial district for holding special terms for condemnation
proceedings affecting property in the city of New York located within
the counties of New York and Bronx and assign the justices to hold the
same. The justices of the appellate division in the second department
shall from time to time as they may deem necessary fix a time and place
in the second judicial district for holding special terms for
condemnation proceedings affecting property in the city of New York
located within such district; and in the eleventh judicial district for
such proceeding affecting property in such city located within the
county of Queens, and assign the justices to hold the same. The
assignment of any justice to hold a special term for condemnation
proceedings shall not have the effect of revoking his assignments to
other parts or terms of the supreme court and when not actually engaged
in holding such special term he shall hold such other parts or terms of
the court to which he has been or may be assigned. Any designation or
assignment to service in the said special term for condemnation
proceedings may at any time be revoked by the appellate division so
designating.
Designation by presiding justice of appellate division of
justice to hold term of supreme court. If it appear to the satisfaction
of the presiding justice of the appellate division in any department
that a special or trial term of the supreme court duly appointed therein
is in danger of failing, he may designate a justice who resides in that
department to hold such term in the absence of the justice assigned
thereto. If in the opinion of such presiding justice it is not
practicable to make a designation from his department, he shall so
inform the governor who may thereupon designate for such term a justice
from any department.
Disposition of records, books and papers; rules. 1.
Notwithstanding any other provisions of law except as hereinafter
provided, the chief administrator of the courts, with the advice and
consent of the administrative board of the courts, shall adopt rules
providing for the retention and disposition of records in all courts and
agencies of the unified court system, including records of commissioners
of jurors. Such rules shall provide, among other things, that, unless a
permanent record by microphotography or other method of microimaging
first is made and permanently retained, judgment rolls and other
records, books and papers that affect the mental illness or the sanity
or competency of any person shall be retained for at least fifty years;
and that the judgment rolls and other records, books and papers that
affect the marital rights or status or the custody or lineage of any
person and judgment rolls regardless of their age that affect title to
real property shall be retained permanently.
2. Notwithstanding any other provisions of law, the justices of the
appellate division of the supreme court in each judicial department may
on application of the district attorney of any county within its
judicial department, direct, by order, that the district attorney
destroy, sell or otherwise dispose of or cause to be destroyed, sold or
otherwise disposed of any records, books or papers in the care, custody
or control of the district attorney which are more than twenty-five
years old and are no longer in current use, the retention of which in
the opinion of the justices of the appellate division would serve no
legal, practical or useful purpose, except permanent records of criminal
cases, printed and bound volumes of cases on appeal and original
indictments. The justices of the appellate division as a condition of
such disposition may require the written consent of any state or local
department or agency having an interest in such records, books or
papers.
Admission to and removal from practice by appellate division;
character committees. 1. a. Upon the state board of law examiners
certifying that a person has passed the required examination, or that
the examination has been dispensed with, the appellate division of the
supreme court in the department to which such person shall have been
certified by the state board of law examiners, if it shall be satisfied
that such person possesses the character and general fitness requisite
for an attorney and counsellor-at-law and has satisfied the requirements
of section 3-503 of the general obligations law, shall admit him to
practice as such attorney and counsellor-at-law in all the courts of
this state, provided that he has in all respects complied with the rules
of the court of appeals and the rules of the appellate divisions
relating to the admission of attorneys.
b. Upon the application, pursuant to the rules of the court of
appeals, of any person who has been admitted to practice law in another
state or territory or the District of Columbia of the United States or
in a foreign country, to be admitted to practice as an attorney and
counsellor-at-law in the courts of this state without taking the regular
bar examination, the appellate division of the supreme court, if it
shall be satisfied that such person is currently admitted to the bar in
such other jurisdiction or jurisdictions, that at least one such
jurisdiction in which he is so admitted would similarly admit an
attorney or counsellor-at-law admitted to practice in New York state to
its bar without examination and that such person possesses the character
and general fitness requisite for an attorney and counsellor-at-law and
has satisfied the requirements of section 3-503 of the general
obligations law, shall admit him to practice as such attorney and
counsellor-at-law in all the courts of this state, provided, that he has
in all respects complied with the rules of the court of appeals and the
rules of the appellate divisions relating to the admission of attorneys.
Such application, which shall conform to the requirements of section
3-503 of the general obligations law, shall be submitted to the
appellate division of the supreme court in the department specified in
the rules of the court of appeals.
c. The members of the committee appointed by the appellate division in
each department to investigate the character and fitness of applicants
for admission to the bar, shall be entitled to their necessary
traveling, hotel and other expenses, incurred in the performance of
their duties, payable by the state out of moneys appropriated therefor,
upon certificate of the presiding justice of the appellate division by
which such committee is appointed.
d. The committee on character and fitness appointed by the appellate
division of the supreme court in the first judicial department and the
committee on character and fitness appointed by the appellate division
of the supreme court of the second judicial department, may each, with
the written consent of the justices of each of such appellate divisions
or a majority of such justices, acting for their respective appellate
divisions, from time to time, appoint and remove a secretary,
stenographers and assistants, and procure a suitable office for each
committee, properly furnished and equipped and all books, stationery,
blanks, postal cards, expressage and postage stamps as shall be required
for the proper performance of the duties of each such committee.
e. The salaries of such secretary, stenographers and assistants shall
be fixed for each department by the justices of the appellate division
in each department or a majority of them in each department.
f. The salaries of such secretary, stenographers and assistants and
the necessary expenses under the terms of this act in the first judicial
department, shall, in the said first judicial department, be paid by the
comptroller of the city of New York.
g. The salaries of such secretary, stenographers and assistants and
the necessary expenses under the terms of this act in the second
judicial department shall be certified by the presiding justice of such
department to the state comptroller who shall audit the same. The state
department of taxation and finance shall pay such salaries and expenses
and shall apportion the same among the counties comprising the second
judicial department. Such counties shall reimburse the state for such
compensation. The time and method of such apportionment and the time and
method of such reimbursement shall be as specified in section
seventy-four of this chapter.
2. The supreme court shall have power and control over attorneys and
counsellors-at-law and all persons practicing or assuming to practice
law, and the appellate division of the supreme court in each department
is authorized to censure, suspend from practice or remove from office
any attorney and counsellor-at-law admitted to practice who is guilty of
professional misconduct, malpractice, fraud, deceit, crime or
misdemeanor, or any conduct prejudicial to the administration of
justice; and the appellate division of the supreme court is hereby
authorized to revoke such admission for any misrepresentation or
suppression of any information in connection with the application for
admission to practice.
It shall be the duty of the appellate division to insert in each order
of suspension or removal hereafter rendered a provision which shall
command the attorney and counsellor-at-law thereafter to desist and
refrain from the practice of law in any form, either as principal or as
agent, clerk or employee of another. In addition it shall forbid the
performance of any of the following acts, to wit:
a. The appearance as an attorney or counsellor-at-law before any
court, judge, justice, board, commission or other public authority.
b. The giving to another of an opinion as to the law or its
application, or of any advice in relation thereto.
In case of suspension only, the order may limit the command to the
period of time within which such suspension shall continue, and if
justice so requires may further limit the scope thereof.
If an attorney and counsellor-at-law has been heretofore removed from
office, the appellate division shall upon application of any attorney
and counsellor-at-law, or of any incorporated bar association, and upon
such notice to the respondent as may be required, amend the order of
removal by adding thereto as a part thereof, provisions similar to those
required to be inserted in orders hereafter made.
If a certified copy of such order or of such amended order, be served
upon the attorney and counsellor-at-law suspended or removed from
office, a violation thereof may be punished as a contempt of court.
2-a. a. The provisions of this subdivision shall apply in all cases of
an attorney licensed, registered or admitted to practice in this state
who has failed after receiving appropriate notice, to comply with a
summons, subpoena or warrant relating to a paternity or child support
proceeding involving him or her personally, or who is in arrears in
payment of child support or combined child and spousal support which
matter shall be referred to the appropriate appellate division by a
court pursuant to the requirements of section two hundred forty-four-c
of the domestic relations law or pursuant to section four hundred
fifty-eight-b or five hundred forty-eight-b of the family court act.
b. Upon receipt of an order from the court based on arrears in payment
of child support or combined child and spousal support pursuant to one
of the foregoing provisions of law, the appropriate appellate division
within thirty days of receipt of such order, if it finds such person to
be so licensed, registered or admitted, shall provide notice to such
attorney of, and initiate, a hearing which shall be held by it at least
twenty days and no more than thirty days after the sending of such
notice to the attorney. The hearing shall be held solely for the purpose
of determining whether there exists as of the date of the hearing proof
that full payment of all arrears of support established by the order of
the court to be due from the licensed, registered or admitted attorney
have been paid. Proof of such payment shall be a certified check showing
full payment of established arrears or a notice issued by the court or
the support collection unit where the order is payable to the support
collection unit designated by the appropriate social services district.
Such notice shall state that full payment of all arrears of support
established by the order of the court to be due have been paid. The
licensed attorney shall be given full opportunity to present such proof
of payment at the hearing in person or by counsel. The only issue to be
determined as a result of the hearing is whether the arrears have been
paid. No evidence with respect to the appropriateness of the court order
or ability of the respondent party in arrears to comply with such order
shall be received or considered by the disciplinary committee.
c. Upon receipt of an order from the court based on failure to comply
with a summons, subpoena, or warrant relating to a paternity or child
support proceeding, the appropriate appellate division within thirty
days of receipt of such order, if it finds such person to be so
licensed, registered or admitted, shall provide notice to such attorney
that his or her license shall be suspended within sixty days of such
notice to the attorney unless the conditions in paragraph e of this
section are met.
d. Notwithstanding any inconsistent provision of this section or of
any other provision of law to the contrary, the license to practice law
in this state of an attorney admitted to practice shall be suspended by
the appellate division if, at the hearing provided for by paragraph b of
this subdivision, the licensed attorney fails to present proof of
payments as required by such subdivision. Such suspension shall not be
lifted unless the original court or the support collection unit, where
the court order is payable to the support collection unit designated by
the appropriate social services district, issues notice to the appellate
division that full payment of all arrears of support established by the
order of the original court to be due have been paid.
e. Notwithstanding any inconsistent provision of this section or of
any other provision of law to the contrary, the license of an attorney
admitted to practice law in this state shall be suspended by the
appellate division, in accordance with paragraph c of this subdivision
unless the court terminates its order to commence suspension
proceedings. Such suspension shall not be lifted unless the court issues
an order to the appellate division terminating its order to commence
suspension proceedings.
f. The appellate division shall inform the original court of all
actions taken hereunder.
g. This subdivision two-a applies to paternity and child support
proceedings commenced under, and support obligations paid pursuant to
any order of child support or child and spousal support issued under
provisions of section two hundred thirty-six or two hundred forty of the
domestic relations law, or article four, five, five-A or five-B of the
family court act.
h. Notwithstanding any inconsistent provision of this section or of
any other provision of law to the contrary, the provisions of this
subdivision two-a shall apply to the exclusion of any other requirements
of this section and to the exclusion of any other requirement of law to
the contrary.
2-b. Notwithstanding any general or special law or rule or regulation
to the contrary, no attorney licensed in this state may be removed or
otherwise subject to discipline, including reprimand, censure, monetary
fine, or the revocation, suspension, or cancellation of the attorney's
license, for advising or representing a client or prospective client
related to reproductive health care or gender-affirming care, as defined
by section 570.17 of the criminal procedure law, if the sole reason for
such removal or discipline is that (i) the client offered, provided,
facilitated, or received reproductive health care or gender-affirming
care that is unlawful in another state; (ii) another state's laws create
actual or potential liability for the reproductive health care or
gender-affirming care offered, provided, facilitated, or received by the
client; or (iii) the attorney is subject to actual or potential
liability, removal, or discipline in another jurisdiction based on the
reproductive health care or gender-affirming care offered, provided,
facilitated, or received by their client, so long as the attorney's
conduct complies with the laws of this state and meets the standards set
forth in the Rules of Professional Conduct promulgated by the judicial
departments of the appellate division of the New York state supreme
court.
3. The suspension or removal of an attorney or counsellor-at-law, by
the appellate division of the supreme court, operates as a suspension or
removal in every court of the state.
4. a. Any person being an attorney and counsellor-at-law who shall be
convicted of a felony as defined in paragraph e of this subdivision,
shall upon such conviction, cease to be an attorney and
counsellor-at-law, or to be competent to practice law as such.
b. Whenever any attorney and counsellor-at-law shall be convicted of a
felony as defined in paragraph e of this subdivision, there may be
presented to the appellate division of the supreme court a certified or
exemplified copy of the judgment of such conviction, and thereupon the
name of the person so convicted shall, by order of the court, be struck
from the roll of attorneys.
c. Whenever an attorney shall be convicted of a crime in a court of
the United States or of any state, territory or district, including this
state, whether by a plea of guilty or nolo contendere or from a verdict
after trial or otherwise, the attorney shall file, within thirty days
thereafter, with the appellate division of the supreme court, the record
of such conviction.
The failure of the attorney to so file shall be deemed professional
misconduct provided, however, that the appellate division may upon
application of the attorney, grant an extension upon good cause shown.
d. For purposes of this subdivision, the term serious crime shall mean
any criminal offense denominated a felony under the laws of any state,
district or territory or of the United States which does not constitute
a felony under the laws of this state, and any other crime a necessary
element of which, as determined by statutory or common law definition of
such crime, includes interference with the administration of justice,
false swearing, misrepresentation, fraud, willful failure to file income
tax returns, deceit, bribery, extortion, misappropriation, theft, or an
attempt or conspiracy or solicitation of another to commit a serious
crime.
e. For purposes of this subdivision, the term felony shall mean any
criminal offense classified as a felony under the laws of this state or
any criminal offense committed in any other state, district, or
territory of the United States and classified as a felony therein which
if committed within this state, would constitute a felony in this state.
f. Any attorney and counsellor-at-law convicted of a serious crime, as
defined in paragraph d of this subdivision, whether by plea of guilty or
nolo contendere or from a verdict after trial or otherwise, shall be
suspended upon the receipt by the appellate division of the supreme
court of the record of such conviction until a final order is made
pursuant to paragraph g of this subdivision.
Upon good cause shown the appellate division of the supreme court may,
upon application of the attorney or on its own motion, set aside such
suspension when it appears consistent with the maintenance of the
integrity and honor of the profession, the protection of the public and
the interest of justice.
g. Upon a judgment of conviction against an attorney becoming final
the appellate division of the supreme court shall order the attorney to
show cause why a final order of suspension, censure or removal from
office should not be made.
h. If the attorney requests a hearing, the appellate division of the
supreme court shall refer the proceeding to a referee, justice or judge
appointed by the appellate division for hearing, report and
recommendation.
After said hearing, the appellate division may impose such discipline
as it deems proper under the facts and circumstances.
5. a. If such removal or debarment was based upon conviction for a
serious crime or upon a felony conviction as defined in subdivision four
of this section, and such felony conviction was subsequently reversed or
pardoned by the president of the United States, or governor of this or
another state of the United States, the appellate division shall have
power to vacate or modify such order or debarment, provided, however,
that if such attorney or counsellor-at-law has been removed from
practice in another jurisdiction, a pardon in said jurisdiction shall
not be a basis for application for re-admission in this jurisdiction
unless he shall have been readmitted in the jurisdiction where pardoned.
b. If such removal or debarment was based upon conviction for a felony
as defined in subdivision four of this section, the appellate division
shall have power to vacate or modify such order or debarment after a
period of seven years provided that such person has not been convicted
of a crime during such seven-year period.
c. An attorney and counsellor-at-law who has been convicted of a
felony without the state and whose name has been struck from the roll of
attorneys prior to July thirteenth, nineteen hundred seventy-nine by
virtue of the provisions of subdivision four of this section may, if he
alleges that such felony committed without the state would not
constitute a felony if committed within the state, petition the
appellate division to vacate or modify such debarment. If the appellate
division finds that the felony of which the attorney and
counsellor-at-law has been convicted without the state would not
constitute a felony if committed within the state, it shall grant a
hearing and may retroactively vacate or modify such debarment and impose
such discipline as it deems just and proper under the facts and
circumstances.
The attorney and counsellor-at-law shall petition for reinstatement by
filing in the appellate division a copy of the order of removal together
with a request for a hearing pursuant to the provisions of this
paragraph. Upon such application, the order of removal shall be deemed
an order of suspension for the purposes of a proceeding pursuant to this
paragraph.
6. Before an attorney or counsellor-at-law is suspended or removed as
prescribed in this section, a copy of the charges against him must be
delivered to him personally within or without the state or, in case it
is established to the satisfaction of the presiding justice of the
appellate division of the supreme court to which the charges have been
presented, that he cannot with due diligence be served personally, the
same may be served upon him by mail, publication or otherwise as the
said presiding justice may direct, and he must be allowed an opportunity
of being heard in his defense. In all cases where the charges are served
in any manner other than personally, and the attorney and
counsellor-at-law so served does not appear, an application may be made
by such attorney or in his behalf to the presiding justice of the
appellate division of the supreme court to whom the charges were
presented at any time within one year after the rendition of the
judgment, or final order of suspension or removal, and upon good cause
shown and upon such terms as may be deemed just by such presiding
justice, such attorney and counsellor-at-law must be allowed to defend
himself against such charges.
The justices of the appellate division in any judicial department, or
a majority of them, may make an order directing the expenses of any
disciplinary proceedings, and the necessary costs and disbursements of
the petitioner in prosecuting such charges, including the expense of any
preliminary investigation in relation to professional conduct of an
attorney and counsellor-at-law, to be paid out of funds appropriated to
the office of court administration for that purpose.
6-a. a. Where the appellate division of supreme court orders the
censure, suspension from practice or removal from office of an attorney
or counsellor-at-law following disciplinary proceedings at which it
found, based upon a preponderance of the legally admissible evidence,
that such attorney or counsellor-at-law wilfully misappropriated or
misapplied money or property in the practice of law, its order may
require him or her to make monetary restitution in accordance with this
subdivision. Its order also may require that he or she reimburse the
lawyers' fund for client protection of the state of New York for awards
made to the person whose money or property was wilfully misappropriated
or misapplied.
b. Monetary restitution, as authorized hereunder, shall be made to the
person whose money or property was wilfully misappropriated or
misapplied and shall be for the amount or value of such money or
property, as found in the disciplinary proceedings. In the event that
such person dies prior to completion of such restitution, any amount
remaining to be paid shall be paid to the estate of the deceased.
c. Any payment made as restitution pursuant to this subdivision shall
not limit, preclude or impair any liability for damages in any civil
action or proceeding for an amount in excess of such payment; nor shall
any order of the appellate division made hereunder deprive a criminal
court of any authority pursuant to article sixty of the penal law.
d. An order issued pursuant to this subdivision may be entered as a
civil judgment. Such judgment shall be enforceable as a money judgment
in any court of competent jurisdiction by any person to whom payments
are due thereunder, or by the lawyers' fund for client protection where
it has been subrogated to the rights of such person.
e. Where an attorney or counsellor-at-law is permitted to resign from
office, the appellate division may, if appropriate, issue an order as
provided herein requiring him or her to make payments specified by this
subdivision.
f. Notwithstanding any other provision of this subdivision, no order
may be issued hereunder unless the person required to make payments
under such order first is given an opportunity to be heard in opposition
thereto.
7. In addition to the duties prescribed by section seven hundred of
the county law, it shall be the duty of any district attorney within a
department, when so designated by the justices of the appellate division
of the supreme court in such department, or a majority of them, to
prosecute all proceedings for the removal or suspension of attorneys and
counsellors-at-law or the said justices, or a majority of them may
appoint any attorney and counsellor-at-law to conduct a preliminary
investigation and to prosecute any disciplinary proceedings and, during
or upon the termination of the investigation or proceedings, may fix the
compensation to be paid to such attorney and counsellor-at-law for the
services rendered, which compensation shall be a charge against the
county specified in his certificate and shall be paid thereon.
8. Any petitioner or respondent in a disciplinary proceeding against
an attorney or counsellor-at-law under this section, including a bar
association or any other corporation or association, shall have the
right to appeal to the court of appeals from a final order of any
appellate division in such proceeding upon questions of law involved
therein, subject to the limitations prescribed by section three of
article six of the constitution of this state.
9. No objection shall be taken to the appointment of any member of the
bar to act as referee or judge in a disciplinary proceeding under this
section on the ground that he is a member of a bar association or other
corporation or association which is the petitioner therein.
10. Any statute or rule to the contrary notwithstanding, all papers,
records and documents upon the application or examination of any person
for admission as an attorney and counsellor at law and upon any
complaint, inquiry, investigation or proceeding relating to the conduct
or discipline of an attorney or attorneys, shall be sealed and be deemed
private and confidential. However, upon good cause being shown, the
justices of the appellate division having jurisdiction are empowered, in
their discretion, by written order, to permit to be divulged all or any
part of such papers, records and documents. In the discretion of the
presiding or acting presiding justice of said appellate division, such
order may be made either without notice to the persons or attorneys to
be affected thereby or upon such notice to them as he may direct. In
furtherance of the purpose of this subdivision, said justices are also
empowered, in their discretion, from time to time to make such rules as
they may deem necessary. Without regard to the foregoing, in the event
that charges are sustained by the justices of the appellate division
having jurisdiction in any complaint, investigation or proceeding
relating to the conduct or discipline of any attorney, the records and
documents in relation thereto shall be deemed public records.
Designation and compensation of papers in first, second, tenth
and eleventh judicial districts for publication of calendars and
notices. 1. The justices of the appellate division in the first
department, or a majority of them, shall be vested with and exercise
from time to time the power to designate a daily law journal, published
in the first judicial department, in which shall be published all
calendars of such courts of record in and for the first judicial
department as such justices shall select, together with every notice and
advertisement of judicial proceedings which shall be required to be
published in one or more papers in such judicial department. Such
calendars, unless otherwise provided by the justices of the appellate
division, shall contain the numbers and titles of the causes and names
of the attorneys appearing therein, with such particulars and notices in
respect to such calendars or the causes thereon as may be specified by
the clerk of the appellate division under the order of the appellate
division.
2. The justices of the appellate division in the second department, or
a majority of them, are hereby authorized to contract, from year to
year, for the payment to the owner of the daily law journal designated
pursuant to law by the justices of the appellate division in the first
department for the publication of legal notices, of such compensation as
they deem to be fair and reasonable for publishing calendars, decisions,
opinions, disposition of cases, judgments, notices of pendency, liens,
assignments, appointments of referees and receivers, assignments of
justices and judges and other similar matters relating to the courts in
the second, tenth and eleventh judicial districts; but this shall not in
any way be construed to include notices or advertisements in actions or
judicial proceedings required by law to be published in one or more
newspapers.
The amount of such compensation shall be annually included in the
budget of the appellate division in the second department. Such
compensation shall be certified by the presiding justice of such
department to the state comptroller who shall audit the same. The state
department of taxation and finance shall pay such compensation and shall
apportion the same among the counties comprising the second, tenth and
eleventh judicial districts. Such counties shall reimburse the state for
such compensation. The time and method of such apportionment and the
time and method of such reimbursement shall be as specified in section
seventy-four of this chapter.
3. The justices of the appellate division in the first department, or
a majority of them, shall, any provision of law to the contrary
notwithstanding, from time to time designate such newspapers in such
department as in their opinion have such a circulation as is calculated
to give public notice of a legal publication, and from time to time
revoke such designation. To entitle a newspaper to such a designation,
it must file with the clerk of the appellate division a statement, duly
verified, showing approximately the size and extent of its circulation,
the time and place of its regular publication, and a statement of its
charges for legal publications.
Whenever a notice, summons, citation, order or other paper shall be
required by any provision of law, or by the order of any court or judge
thereof, or of a surrogate or of the clerk of a court or any other
official or individual, to be published in a newspaper in the first
department, or public notice of any application to a court or judge or
other officer shall be required to be given by publication thereof in a
newspaper in the first department, or where any court or judge thereof
or a surrogate or other judicial officer or public officer is authorized
or required to designate a newspaper in the first department for the
publication of any notice, summons, citation, order or other paper, the
newspaper designated by any court or judge thereof, or surrogate or
other judicial or public officer, shall be a newspaper designated by the
appellate division of the supreme court in the first department as
hereinbefore provided, and no such publication shall be deemed to give
the notice required to be given if the same is published in any
newspaper in the first department which has not been designated by an
order of the appellate division of the supreme court in the first
department; and the publication of such notice, summons, citation, order
or other paper in any undesignated newspaper in the first department
shall not be deemed a compliance with any such provision of law or order
of any court or judge.
General powers conferred upon presiding justice and appellate
division in first department. Except as otherwise provided in this
article, all the powers heretofore conferred by law upon the presiding
justice of the general term of the supreme court in the first judicial
department, the chief judge of the court of common pleas for the city
and county of New York, and the chief judge of the superior court of the
city of New York, either or all of them, are vested in the presiding
justice of the appellate division of the supreme court in the first
department. All the powers heretofore conferred by law upon the general
term of the supreme court in the first judicial department, upon the
general term of the superior court of the city of New York and upon the
general term of the court of common pleas for the city and county of New
York, are conferred upon and vested in the appellate division of the
supreme court in the first department. And all the powers conferred by
law upon the supreme court in the first judicial district, upon the
superior court of the city of New York and upon the court of common
pleas for the city and county of New York, other than as courts of first
instance in actions and special proceedings, are also conferred upon and
vested in said appellate division.
Appointment of clerks and deputy clerks of the appellate
divisions. 1. The justices of the appellate division of the supreme
court in each department shall, from time to time, appoint and shall
have the power to remove a clerk.
2. The presiding justice of the appellate division of the supreme
court in each of the third and fourth departments, shall, with the
approval of the other justices of said department, have power to appoint
and remove a deputy to the clerk of said appellate division.
Appointment of clerical and other assistants of appellate
division in first department. The justices of the appellate division of
the supreme court in the first judicial department, or a majority of
them, are authorized to appoint and at pleasure remove a clerk, deputy
clerk and all necessary other assistants in said court and to prescribe
the duties and fix the salaries thereof. Except as provided in the state
finance law, such salaries and all other necessary expenses of such
appellate division, shall be audited by the state comptroller out of
moneys appropriated therefor by law. The state department of taxation
and finance shall pay such salaries in equal biweekly installments and
shall apportion the total amount of such salaries and expenses among the
counties comprising the first judicial department. Such counties shall
reimburse the state for such salaries and expenses. The time and method
of such reimbursement shall be as specified in section seventy-four of
this chapter. Provided, however, that the present deputy clerk,
assistant clerks, confidential clerk, typewriter operators, crier and
assistant to the crier of said appellate division shall be continued in
office.
Appointment of clerical and other assistants of appellate
division in second department. The justices of the appellate division of
the supreme court in the second judicial department, or a majority of
them, are authorized to appoint and at pleasure remove deputy clerks and
other necessary assistants and attendants, and to prescribe the duties
and fix the salaries thereof. Except as provided in the state finance
law, such salaries shall be certified by the presiding justice of such
appellate division to the state comptroller who shall audit the same.
The state department of taxation and finance shall pay such salaries in
equal semi-monthly instalments, and shall apportion the total amount
thereof among the counties comprising the second judicial department.
Such counties shall reimburse the state for such salaries. The time and
method of such apportionment and the time and method of such
reimbursement shall be as specified in section seventy-four of this
chapter.
Appointment of consultation clerks in third and fourth
departments. The presiding justice of the appellate division of the
supreme court in each of the third and fourth departments, with the
approval of the other justices of said department, shall have power to
appoint and remove a consultation clerk, who shall be an expert
stenographer.
Appointment of confidential stenographer and assistant deputy
clerk in third and fourth judicial departments. The justices of the
appellate division of the supreme court, in each of the third and fourth
judicial departments, may appoint and at their pleasure remove a
confidential stenographer to the court, who shall also act as an
assistant deputy and stenographer to the clerk of said court, at an
annual salary to be fixed by said justices at not to exceed five
thousand dollars per annum. The salary of each such confidential
stenographer shall be certified by the presiding justice of the
department to which the stenographer is appointed to the state
comptroller who shall audit the same. The state department of taxation
and finance shall pay such salaries in monthly installments and shall
apportion the amount of the salary of the confidential stenographer to
the appellate division of the supreme court in each of the third and
fourth judicial departments among the counties comprising the third and
fourth judicial departments respectively. Such counties shall reimburse
the state for such salaries. The time and method of such apportionment
and the time and method of such reimbursement shall be as specified in
section seventy-four of this chapter.
Appointment of attendants by justices of the appellate division.
1. Each of the justices of the appellate division of the supreme court
in the first department shall appoint and at pleasure remove four
attendants upon the court. Each of said attendants may also be removed
by the appellate division, but not until he has been informed of the
cause of the proposed removal and has been allowed an opportunity to
make an explanation.
2. The justices of the appellate division of the supreme court in the
second department, or a majority of them, are authorized to appoint and
at pleasure remove all necessary attendants.
3. The justices of the appellate division of the supreme court in each
of the third and fourth departments shall have power to appoint and
remove not more than three attendants, one of whom shall act as crier.
Appointment of employees of appellate divisions in the third
and fourth departments. The justices of the appellate division of the
supreme court in the third and fourth departments, or a majority of
them, are authorized to appoint and at pleasure remove not more than two
additional employees, than are employed at the time this act takes
effect, to prescribe the duties and fix the salaries thereof. Except as
provided in the state finance law, such salaries shall be certified by
the appropriate presiding justice of each such appellate division to the
state comptroller who shall audit the same. The state department of
taxation and finance shall pay such salaries in equal semi-monthly
instalments, and shall apportion the total amount thereof among the
counties comprising the appropriate judicial department. Such counties
shall reimburse the state for such salaries. The time and method of such
apportionment and the time and method of such reimbursement shall be as
specified in section seventy-four of this chapter.
Power of justices of appellate division of first department to
appoint confidential clerk of the appellate term. The justices of the
appellate division of the supreme court in the first department, or a
majority of them, are authorized to appoint in their discretion, and at
pleasure remove, a confidential clerk of the appellate term of the said
supreme court, or such tribunal as may hereafter be charged with the
duty of hearing appeals from the city court of the city of New York and
the municipal court of the city of New York, or either of them in the
first department, and fix the salary of said confidential clerk. The
board of estimate of the city of New York is authorized and empowered to
provide the means to pay such salary.
Power of justices of appellate division of second department to
appoint clerical and other personnel of the appellate term. The justices
of the appellate division of the supreme court in the second department,
or a majority of them, are authorized to appoint in their discretion,
and to remove at pleasure, for the appellate term of the supreme court
in the second department, a chief clerk, one deputy clerk, one assistant
deputy clerk, and all necessary other assistants and personnel in said
court, and to prescribe the duties and fix the salaries thereof. Except
as provided in the state finance law, such salaries and all other
necessary expenses of such appellate term, shall be paid by the state
comptroller out of moneys appropriated therefor by law. The state
department of taxation and finance shall pay such salaries in equal
biweekly installments and shall apportion the total amount of such
salaries and expenses among the counties comprising the second judicial
department. Such counties shall reimburse the state for such salaries
and expenses. The time and method of such reimbursement shall be as
specified in section seventy-four of this chapter.
Power of justices of appellate division in first department to
appoint special deputy clerks for each part or term of the supreme court
in the first judicial district. The justices of the appellate division
of the supreme court in the first department, or a majority of them,
shall appoint and at pleasure remove, for each part or term of the
supreme court in the first judicial district a special deputy clerk of
the supreme court, and all necessary assistants to each of such special
deputies and fix the salaries thereof. The board of estimate of the city
of New York is authorized and empowered to provide the means to pay such
salaries.
Power of justices of appellate division in first department to
designate supreme court jury clerk. The justices of the appellate
division of the supreme court in the first department, or a majority of
them, shall designate and at pleasure revoke such designation and make a
new designation of two of the special deputy clerks appointed pursuant
to section one hundred and two and assigned to a trial term, one of whom
shall be supreme court jury clerk for the county of New York and one of
whom shall be supreme court jury clerk for the county of the Bronx.
Power of justices of appellate division in first department to
appoint stenographers for the supreme court. The justices of the
appellate division of the supreme court in the first department, or a
majority of them, must appoint, and may at pleasure remove, a
stenographer for each part or term of the supreme court.
Power of justices of appellate division in first department to
appoint typists. The justices of the appellate division of the supreme
court in the first department, or a majority of them, may appoint, and
at pleasure remove, one or more typists, as shall be necessary, for the
appellate term, or for the special and trial terms of the supreme court
in the first judicial district.
Power of justices of appellate division in first department to
appoint interpreters for supreme court. The justices of the appellate
division of the supreme court in the first department, or a majority of
them, may appoint and at pleasure remove such number of interpreters for
the supreme court as in their opinion shall be necessary.
Power of justices of appellate division in first department to
regulate attendance and duties of officers of supreme court in first
district. The justices of the appellate division of the supreme court in
the first department shall from time to time make such rules as they may
deem necessary to regulate the attendance and prescribe the duties of
criers, interpreters, stenographers, librarians, clerks, assistants and
attendants of the supreme court in the first judicial district, except
the confidential attendants of the justices of the supreme court, whose
attendance shall be regulated and duties prescribed by the justice who
appointed such confidential attendant.
Retirement of officers and employees by the justices of the
appellate division, first department. 1. The appellate division of the
supreme court in the first department is authorized in its discretion to
retire any clerk, assistant clerk, clerk to a justice, general law
assistant to justices, stenographer, typewriter, interpreter, librarian,
assistant librarian, crier, assistant crier, telephone operator or
attendant who shall have served as such in such appellate division or in
the supreme court in and for the first judicial district or in any court
which has been consolidated with the supreme court, or as an appointee
of a justice of such court or courts, or in the court of general
sessions, or who has had charge of the records of any such court in the
office of the clerks of the counties of New York and Bronx, and who
shall have become physically or mentally incapacitated for the further
performance of the duties of his position. Such person, however, shall
have been employed prior to such retirement for at least twenty years in
the aggregate in one or more of such positions heretofore mentioned, or
such person immediately prior to such retirement shall have been
employed continuously for at least ten years in one or more of such
positions including service in the court of general sessions, and in
addition thereto shall have also served or been employed at any time
prior thereto in one or more places or positions in any court,
department or office of the state or of the county or city of New York,
or as an appointee of a justice of such court or courts. Such combined
employment, however, shall aggregate at least twenty years. Any person
or persons retired from service pursuant to this subdivision shall be
paid out of the funds apportioned to the supreme court of the first
department an annual sum for annuity to be determined by such appellate
division but not exceeding one-half of the average amount of his annual
salary or compensation for a period of two years preceding the time of
such retirement.
Such annuity shall be paid in equal monthly installments during the
lifetime of the person or persons so retired.
2. Any clerk, assistant clerk, clerk to a justice, stenographer,
typewriter, interpreter, librarian, assistant librarian, crier,
assistant crier, telephone operator or attendant who shall have served
as such in such appellate division or in the supreme court in and for
the first judicial district or in any court which has been consolidated
with the supreme court in and for the first judicial district, or as an
appointee of a justice of such court or courts, or who has had charge of
the records of any such court in the office of the clerks of the
counties of New York and Bronx, who shall have been employed for at
least twenty-five years in the aggregate in one or more of such
positions or who shall have immediately prior to retirement been
employed without interruption of more than six months for at least
twelve and one-half years in one or more of such positions, and in
addition thereto shall have also served or been employed at any time
prior thereto in one or more places or positions in any court,
department or office of the state or of the county or city of New York,
or as an appointee of a justice of such court or courts. Such combined
employment, however, shall aggregate at least twenty-five years. Upon
his own application in writing to the appellate division of the supreme
court in the first department, he shall be retired by such appellate
division and shall be awarded, granted and paid an annual sum for
annuity equal to one-half of the average amount of his annual salary or
compensation for a period of two years preceding the time of such
retirement. Any such employee or officer who loses such position or
employment without any fault or misconduct on his part after fourteen
years' total service in one or more of the positions or employments
heretofore specified in or connected with such appellate division or
supreme court in and for the first judicial district or in any court
which has been consolidated with the supreme court in and for the first
judicial district, or as an appointee of a justice of such court or
courts, or as a clerk to a justice of such appellate division or the
supreme court, or who has had charge of the records of any such court in
the office of the clerks of the counties of New York and Bronx, shall be
entitled forthwith to retirement and to an annual sum or annuity as
hereinafter provided and shall be retired by such appellate division as
of the date of the loss of such position or employment. Such employee or
officer, however, so losing his position or employment shall have,
within one full calendar month after the loss of such position or
employment, made or had application made on his behalf in writing to
such appellate division for such retirement, and shall be awarded,
granted and paid an annual sum for annuity equal to as many
twenty-fifths of one-half of the average amount of his annual salary or
compensation for a period of two years preceding the date of the loss of
his position or employment as he has served aggregate years. Any
additional service rendered, prior to such services last above
specified, in one or more places or positions in any court, department
or office of the state or of the county or city of New York by an
employee or officer so losing such position or employment shall also be
credited in estimating such aggregate years of service. Such annuity
shall be paid in equal monthly installments during the lifetime of the
person or persons so retired. Any person or persons retired from service
pursuant to this subdivision of this section shall be paid out of the
funds apportioned to the supreme court of the first department, and from
moneys to be apportioned to such court for such purposes to be raised as
hereinafter provided, and from the contributions to the retirement fund
in such manner as the appellate division shall provide by order upon
such retirement. Such annuities shall be a charge upon the counties of
New York and Bronx and the board of estimate of the city of New York
shall provide for the raising of the necessary funds therefor and for
paying the same in accordance with the order made on retirement. The
comptroller of the city of New York shall deduct and retain monthly from
the salary or compensation of each employee or officer one per centum of
his monthly salary. Such moneys so deducted or retained shall be paid
into what shall be known as the retirement fund, which fund and all
moneys which shall form a part thereof as hereinafter provided, or
thereafter accrue to it, shall be held by such comptroller for the
purposes of this section with his usual powers of disposition and
investment, subject, however, to the direction, control and approval of
such appellate division. Every person to whom this section applies,
shall be deemed to consent and agree to the deduction made and provided
for herein and shall receipt in full for his salary or compensation and
such payment shall be a full and complete discharge and acquittance of
all claims or demands whatsoever for the services rendered by such
person during the period covered by such payment.
3. If any employee or officer who is eligible for retirement pursuant
to this section shall have served for a period of fifty years in the
aggregate in one or more of the positions enumerated in this section,
and shall be retired after such period of service, pursuant to this
section, he shall be awarded, granted and paid an annual sum for annuity
equal to the salary received by him at the time of his retirement.
4. If any officer or employee who is eligible for retirement pursuant
to this section shall have served for a period of more than twenty-five
years but less than fifty years in the aggregate in one or more of the
positions enumerated in this section, and shall be retired, after such
period of service, pursuant to this section, he shall be awarded,
granted and paid in addition to the annuity provided in subdivision two
of this section an annual sum for annuity equal to one per cent of the
salary received by him at the time of his retirement for each year of
such service in excess of twenty-five years but not to exceed in all
three-quarters of the salary received by him at the time of his
retirement.
5. The board of estimate of the city of New York is authorized to
adopt a resolution providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty and, by similar resolution,
provide that no such deduction need be made and that no contribution in
lieu thereof need be made by such an employee or officer during the one
year period commencing with July first, nineteen hundred sixty-one.
6. The board of estimate of the city of New York is authorized to
adopt a resolution providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty-two.
7. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty-three.
8. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty-four.
9. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-five.
10. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-six.
11. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-seven.
12. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-eight.
13. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of a employee or officer made pursuant to this section need
not be made and that no contribution in lieu thereof need be made by
such employee or officer during the one-year period commencing with July
first, nineteen hundred sixty-nine.
14. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one year period commencing with
July first, nineteen hundred seventy.
Appointment of a calendar clerk in the ninth judicial district.
The administrative judge of the ninth judicial district is authorized to
appoint and at pleasure remove a calendar clerk for the ninth judicial
district, to prescribe his duties and fix his salary. The salary of the
calendar clerk shall be certified by the administrative judge to the
state comptroller who shall audit the same. The state department of
taxation and finance shall pay such salary in biweekly instalments and
shall apportion the amount of the salary of the calendar clerk among the
counties comprising the ninth judicial district. Such counties shall
reimburse the state for such salary. The time and method of such
appointment and the time and method of such reimbursement shall be as
specified in section seventy-four of this chapter.
ARTICLE 4-A Official Referees
Retired judges of the court of appeals. 1. Any judge of the
court of appeals, retired pursuant to subdivision b of section
twenty-five of article six of the constitution, may, upon his
application, be certified by the administrative board for service as a
justice of the supreme court upon findings (a) that he has the mental
and physical capacity to perform the duties of such office and (b) that
his services are necessary to expedite the business of the supreme
court. A copy of such certificate shall be filed with the appellate
division of the department in which such retired judge resides and in
the office of court administration.
2. Any such certification shall be valid for a term of two years
beginning on the date of filing the certificate. At the expiration of
such term, the retired judge may be certified for additional terms of
two years each by the administrative board upon findings of continued
mental and physical capacity and need for his services. No retired judge
may serve under any such certification beyond the last day of December
in the year in which he reaches the age of seventy-six.
3. A retired judge so certified shall for all purposes, other than
determining the number of justices in a judicial district for the
purposes of subdivision d of section six of article six of the
constitution and section one hundred forty-a of this chapter, but
including powers, duties, salary, status and rights, be a justice of the
supreme court in the district in which he resides when so certified. A
retired judge shall be subject to assignment by the appellate division
of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a judge
who has not yet reached the age of seventy-six and who reached the age
of seventy and retired as a judge of the court of appeals prior to the
effective date of this section.
Retired justices of the supreme court. 1. Any justice of the
supreme court, retired pursuant to subdivision b of section twenty-five
of article six of the constitution, may, upon his application, be
certified by the administrative board for service as a retired justice
of the supreme court upon findings (a) that he has the mental and
physical capacity to perform the duties of such office and (b) that his
services are necessary to expedite the business of the supreme court. A
copy of such certificate shall be filed with the appellate division of
the department in which such retired justice resides and in the office
of court administration.
2. Any such certification shall be valid for a term of two years
beginning on the date of filing the certificate. At the expiration of
such term the retired justice may be certified for additional terms of
two years each by the administrative board upon findings of continued
mental and physical capacity and need for his services. No retired
justice may serve under any such certification beyond the last day of
December in the year in which he reaches the age of seventy-six.
3. A retired justice so certified shall for all purposes, other than
determining the number of justices in a judicial district for the
purposes of subdivision d of section six of article six of the
constitution and section one hundred forty-a of this chapter, but
including powers, duties, salary, status and rights, be a justice of the
supreme court in the district in which he resides when so certified. A
retired justice shall be subject to assignment by the appellate division
of the supreme court of the judicial department of his residence.
4. The provisions of this section shall also be applicable to a
justice of the supreme court, a judge of the county court of a county
within the city of New York, and a judge of the court of general
sessions of the county of New York who has not yet reached the age of
seventy-six and who reached the age of seventy and retired as such
justice or judge prior to the effective date of this section.
Official referees. Official referees in office on the
effective date of this section shall, for the remainder of their terms
for which they were appointed or certified, be official referees of the
court in which they were appointed or certified as such or the successor
court, as the case may be. At the expiration of the term of an official
referee of the court of appeals or the supreme court, his office shall
be abolished and he shall be subject to the provisions of section one
hundred fourteen or one hundred fifteen of this chapter.
Powers of official referees. As to all motions, actions or
proceedings submitted to an official referee by stipulation of the
parties appearing therein, or order of the court, except matrimonial
actions, the same shall be deemed duly referred to said official referee
and he shall proceed therein with the same power and authority as a
justice presiding at a regular special term of the supreme court and
entertain and grant motions for a new trial, grant stays and orders to
show cause, and he shall have similar jurisdiction and authority as to
any other action or proceeding referred to him by order of the supreme
court including matrimonial actions. Every official referee shall have
the power to administer oaths and take acknowledgments; the violation of
an order of such official referee may be punished as for a contempt of
court by the court at special term.
Expenses of official referees of the supreme court. Each
official referee of the supreme court hereby continued in office shall
be furnished with all necessary office room and supplies, which shall be
a charge upon the county in which he resides.
Official referees of the city court of the city of New York.
Every official referee of the city court of the city of New York in the
first or second judicial department who, pursuant to former provisions
of this section, is acting and in the discharge of his duties as such
official referee at the time this section as hereby amended takes
effect, may continue to act as referee, without any compensation to be
paid by the parties, to hear and report upon or to hear and determine:
(1) any action, claim, matter, motion or special proceeding pending in
the city court of the city of New York, referable by statute or the
rules and practice of said court, in which the justice making the order
of reference shall deem that for any reason the expenses of such
reference shall not be borne by the parties to such action, claim,
matter, motion or proceeding; (2) any action, claim, matter or special
proceeding in such court referred upon consent of the parties thereto.
Any such official referee of the city court may sit and discharge the
duties in any county within the city of New York.
Such referee or referees shall not charge or receive from the parties
to an action, claim, matter, motion or proceeding referred, any fee or
compensation for any service as such referee. If the services of a
stenographer should be required in the action, claim, matter, motion or
proceeding, such stenographer shall be selected by said referee from the
official stenographers of the city court and the parties shall not be
required to pay any of the fees of such stenographer for taking the
testimony or furnishing one copy thereof to the referee if the referee
shall order such copy.
The justices of the appellate division in each department shall have
power to fix the times and places for the hearing of references by
official referees of the city court of the city of New York hereby
continued in office, and to assign such official referees for such
service to any court of record within such department, and to adopt,
amend or rescind rules therefor.
Official referees of the court of claims. Every official
referee of the court of claims in the four respective judicial
departments who, pursuant to former provisions of this section, is
acting and in the discharge of his duties as such official referee, at
the time this section as hereby amended takes effect, may continue to
hear and determine or hear and report upon any claim against the state
referred to him by the court of claims, upon the consent of the
attorney-general and the claimant. He shall receive no compensation from
the parties for his services as such referee. Such a referee also shall
render such temporary assistance to the court of claims as he shall be
designated to perform by the presiding judge thereof, whenever such
court requires such assistance because of the illness of a judge or his
disqualification to hear a particular matter, and also whenever there is
such an accumulation of work before the court as to render such
assistance necessary in order to enable it promptly to dispose of the
business before it. When so assisting such court, under designation from
the presiding judge, such referee shall be deemed an acting judge of the
court and shall have the powers and jurisdiction of a judge of such
court.
Official referees of the municipal court of the city of New
York. Every official referee of the municipal court of the city of New
York in the first or second judicial department who, pursuant to former
provisions of this section, is acting and in the discharge of his duties
as such official referee at the time this section as hereby amended
takes effect, may continue to act as referee and to hear and report upon
or to hear and determine any action, claim, motion, matter or proceeding
referred to him as provided in this section.
To any such official referee of the municipal court of the city of New
York there may be referred to hear and report upon or to hear and
determine by the president justice or acting president justice of that
court any action, matter, claim, motion or proceeding pending in such
court which now or hereafter may be referable by statute or rules and
practice of court, in which the president justice or acting president
justice shall deem that for any reason the expense of such reference
should not be borne by the parties to such action, claim, matter, motion
or proceeding, and such official referee of the municipal court of the
city of New York shall not charge or receive from the parties to the
action, claim, motion, matter or proceeding referred to him any fee or
compensation for any services rendered as such referee. The justices of
the appellate division in each department shall also have power to fix
the times and places for the hearing of references by the official
referees of the municipal court of the city of New York hereby continued
in office, and to assign such official referees for such service to any
court of record within such department, and to adopt, amend or rescind
rules therefor.
If the services of a stenographer shall be required in the action,
claim, matter, motion or proceeding so referred, an official
stenographer shall be selected by such official referee of the municipal
court of the city of New York from the official stenographers of that
court, and the parties to the action, claim, matter, motion or
proceeding shall not be required to pay any of the fees of such
stenographer for taking the testimony and furnishing one copy thereof to
the referee if the referee shall order such copy.
Assignment of official referees. The justices of the
appellate division in each department shall have power to fix the time
and places for the hearing of references within their respective
departments by the official referees of the supreme court.
Every official referee shall devote his whole time to the duties of
his office. The work of official referees shall be regularly reviewed by
the justices of the appellate divisions of the supreme court. Official
referees may be assigned for service as in any county, judicial
department or district, without regard to his place of residence or
district or department of appointment and when so assigned shall perform
all of the duties regularly discharged by an official referee. The
several appellate divisions of the supreme court shall promptly adopt
rules and procedures for the requisition, transfer and assignment of
official referees.
Compensation of official referees. Every official referee
continued in office and serving under the provisions of this article
shall receive as compensation one-half of the amount now or hereafter
paid to the incumbent of the office which he held prior to his
retirement; provided, however, that any official referee of the
municipal court of the city of New York in the first or second judicial
department so continued in office shall receive as compensation
three-fourths of the amount paid to the incumbent of the office which he
held prior to his retirement. Any official referee of the city court of
the city of New York who is serving as such on April tenth, nineteen
hundred forty-six, shall be entitled to receive as compensation,
two-thirds of the amount paid to the incumbent of the office which he
held prior to his retirement. Any official referee of the supreme court
heretofore or hereafter appointed who shall be assigned for service as
such official referee in any county outside of the county wherein he
resides, and any official referee of the court of appeals who shall be
assigned for service as such official referee in any county outside of
the county wherein he resides, shall receive in addition to the
compensation provided for by this chapter, his actual traveling expenses
from his residence to the place in such county where he has been
assigned for services as such official referee and, if such place is
less than twenty-five miles from his residence, the sum of ten dollars
per diem and if such place where he has been so assigned is more than
twenty-five miles from his residence the sum of twenty dollars per diem
and he shall receive such additional moneys during the time that he is
actually engaged in rendering services as an official referee in such
county. The manner of payment of such compensation and its sources are
to be the same as in the case of the incumbent of the office from which
such official referee has retired.
Restrictions on official referees. No official referee
continued in office and serving under this article, as amended, shall
during his continuance in office, other than as member of a
constitutional convention, or the incumbent of a non-salaried office in
the educational system of the state hold any other public office or
trust, elective or appointive, practice law, act as attorney or
counsellor in any court of this state, or act as receiver or
commissioner, or unofficial referee in any court, but shall devote his
whole time and capacity to the duties of his office as such official
referee.
Suspension and removal of official referees. Any official
referee continued in office and serving under the provisions of this
article, as amended, except an official referee of the court of appeals,
may be suspended or removed by the justices of the appellate division in
the department in which the appointment was made.
Future official referees. Except as otherwise provided in this
article, no retired judge or justice of any court of this state shall
hereafter be designated or act as official referee under the provisions
of this article and the right heretofore existing of judges and justices
to act as official referee pursuant to appointment or without
appointment, except as otherwise provided in this article, is hereby
abolished. The term of office of each official referee qualifying,
pursuant to the provisions of this article, after the date when this act
becomes effective shall, notwithstanding any other provision in this
article, expire automatically on the thirty-first day of December in the
year in which he will have attained the age of seventy-six years.
ARTICLE 5 Supreme Court
Division of state into judicial districts. The state is hereby
divided into thirteen judicial districts, pursuant to the provisions of
the first section of the sixth article of the constitution, which
districts shall be arranged as follows:
The first judicial district shall consist of the county of New York;
The second judicial district shall consist of the county of Kings;
The third judicial district shall consist of the counties of Columbia,
Sullivan, Ulster, Greene, Albany, Schoharie and Rensselaer;
The fourth judicial district shall consist of the counties of Warren,
Saratoga, Washington, Essex, Franklin, Saint Lawrence, Clinton,
Montgomery, Hamilton, Fulton and Schenectady;
The fifth judicial district shall consist of the counties of Onondaga,
Oneida, Oswego, Herkimer, Jefferson and Lewis;
The sixth judicial district shall consist of the counties of Otsego,
Delaware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins, Cortland
and Schuyler;
The seventh judicial district shall consist of the counties of
Livingston, Wayne, Seneca, Yates, Ontario, Steuben, Monroe and Cayuga;
The eighth judicial district shall consist of the counties of Erie,
Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and
Wyoming;
The ninth judicial district shall consist of the counties of
Westchester, Putnam, Dutchess, Orange and Rockland;
The tenth judicial district shall consist of the counties of Nassau
and Suffolk.
The eleventh judicial district shall consist of the county of Queens.
The creation of such eleventh district shall not affect or impair the
rights, privileges or compensation of any officer or employee of the
supreme court in office on the first day of September, nineteen hundred
and sixty-two in the tenth judicial district as theretofore constituted;
each such officer or employee employed in the county of Queens on such
date shall thereafter be an officer or employee for the eleventh
judicial district and each such officer or employee employed in the
counties of Nassau and Suffolk on such date shall thereafter be an
officer or employee for the tenth judicial district.
The twelfth judicial district shall consist of the county of Bronx.
The creation of such twelfth district shall not affect or impair the
rights, privileges or compensation of any officer or employee of the
supreme court in office on the first day of January, nineteen hundred
eighty-three in the first judicial district as theretofore constituted;
each such officer or employee employed in the county of Bronx on such
date shall thereafter be an officer or employee for the twelfth judicial
district and each such officer or employee employed in the county of New
York on such date shall thereafter be an officer or employee for the
first judicial district.
The thirteenth judicial district shall consist of the county of
Richmond. The creation of such thirteenth district shall not affect or
impair the rights, privileges or compensation of any officer or employee
of the supreme court in office on the first day of January, two thousand
eight in the second judicial district as theretofore constituted; each
such officer or employee employed in the county of Richmond on such date
shall thereafter be an officer or employee for the thirteenth judicial
district and each such officer or employee employed in the county of
Kings on such date shall thereafter be an officer or employee for the
second judicial district.
Number of supreme court justices in each judicial district.
The number of justices of the supreme court in each judicial district
shall be as follows:
1. First district, thirty-eight;
2. Second district, fifty-three;
3. Third district, seventeen;
4. Fourth district, fourteen;
5. Fifth district, nineteen;
6. Sixth district, eleven;
7. Seventh district, twenty;
8. Eighth district, twenty-eight;
9. Ninth district, thirty-four;
10. Tenth district, fifty-one;
11. Eleventh district, forty-four;
12. Twelfth district, twenty-nine;
13. Thirteenth district, nine.
No person may serve in the office of justice of the supreme court
unless he or she has been admitted to practice law in the state of New
York for at least ten years as of the date he or she commences the
duties of office.
General jurisdiction of supreme court. The general
jurisdiction in law and equity which the supreme court possesses under
the provisions of the constitution includes all the jurisdiction which
was possessed and exercised by the supreme court of the colony of New
York at any time, and by the court of chancery in England on the fourth
day of July, seventeen hundred seventy-six, with the exceptions,
additions and limitations created and imposed by the constitution and
laws of the state. Subject to those exceptions and limitations the
supreme court of the state has all the powers and authority of each of
those courts and may exercise them in like manner.
Designation of supreme court justices to hold court in another
county. At the request of the presiding justice of any judicial
department, the presiding justice of any of the other departments of the
state may consent to the assignment from among the trial justices of any
judicial district in his department, of such justices as in his opinion
may be spared from said district, without prejudice to the work or
interests of such district, to hold trial or special terms in the
department from whence the request may come.
No consent shall be given hereunder to the assignment of a justice or
justices from any district that will not leave at all times at least two
trial justices in such district; and no allowance given by any statute
for services, or expenses, rendered, or incurred by any trial justice
for sitting in the first or second departments shall be paid, unless
assigned with such consent as hereinbefore provided.
Holding special and trial terms. A special term or a trial
term must be held by one judge, except that when private property
located within the city of New York shall be taken for public use by the
city of New York, the compensation to be made therefor shall be
ascertained by a special term for condemnation proceedings of the
supreme court. At least one special term and two trial terms must be
appointed to be held in each year in each county separately organized.
Two or more trial terms may be appointed to be held and may be held at
the same time in any county. Fulton and Hamilton counties shall be
deemed one county for the purposes of this section. A special term of
the supreme court may be adjourned to a future day, and to any place
within the judicial district, by an entry in the minutes. After the
discharge of the jury, a trial and special term may be adjourned in like
manner, for the trial of issues by the court. Any such adjourned term
may be further adjourned from time to time, as the justice holding the
same directs. Special terms may be held at the chambers of the justice
or elsewhere in the judicial district, but an action triable by the
court without a jury, which was upon the calendar of a term before it
was adjourned to the chambers of a justice under this section, may be
tried at the term so adjourned to chambers only by consent of both
parties.
Powers of justice of supreme court. Any justice of the
supreme court has power to hold a special or trial term of the supreme
court in any county for the whole or any portion of the term, and to act
upon any business which regularly comes before the term in which he is
sitting, except where he is personally disqualified from sitting, in a
particular action or special proceeding. Each justice, at all
reasonable times, when not engaged in holding court, must transact such
judicial business as may be done out of court.
Trial term may be held in parts. A trial term of the supreme
court in any county may be held in two or more parts, and a jury panel
may be summoned to serve in each part, or jurors may be drawn from one
panel, and the panel may be divided according to the number of parts by
drawing from the panel a sufficient number for each part and returning
to the panel the jurors not drawn for service.
Governor may appoint extraordinary terms and name justices to
hold them. 1. The governor may, when, in his opinion the public
interest requires, appoint one or more extraordinary special or trial
terms of the supreme court. He must designate the time and place of
holding the same, and name the justice who shall hold or preside at such
term, and he must give notice of the appointment in such manner as, in
his judgment, the public interest requires. The governor may terminate
the assignment of the justice named by him to hold a term appointed
pursuant to this section, and may name another justice in his place to
hold the same term. In such event, the grand jury drawn to attend such
term shall continue to serve thereat until discharged in the manner
prescribed by law. A justice named to preside at an extraordinary term
appointed under this section shall have power to order the drawing of a
grand jury or grand juries in place of or in addition to the grand jury
originally drawn for such term. Such other grand jury or grand juries
shall be summoned in the manner prescribed for grand juries in general
and shall be subject to all the provisions of law applicable to a grand
jury summoned pursuant to sections five hundred thirty-one, six hundred
nine and six hundred eighty-four of this chapter.
2. A motion involving a matter pending before such extraordinary
special or trial term shall be made returnable at such term, except
that, in the exercise of discretion, a justice of the appellate division
of the supreme court in the department in which such extraordinary
special or trial term is being held may grant permission for such motion
to be heard at a term of such appellate division.
Printing calendars in certain counties. The supreme court may,
from time to time, by order, require the clerk to cause to be printed
for the use of the members and officers thereof, the necessary copies of
the calendar of causes, prepared for a term of the court. But this
section does not apply to the county of New York or to the county of
Monroe.
Publishing calendars in Monroe county. The justices of the
supreme court elected in the seventh judicial district, or a majority of
them, shall designate a daily paper published in the city of Rochester,
in which shall be printed day calendars of the courts of record held in
and for the county of Monroe and the city of Rochester as may be
specified by the clerks of such courts respectively, under the orders of
such courts.
Publishing calendars in Erie county. The board of supervisors
of the county of Erie may exercise from time to time the power to
designate as hereafter provided a daily newspaper published in the city
of Buffalo in which shall be printed day calendars of the courts of
record held in and for the county of Erie as may be specified by the
clerks of such courts respectively under the orders of such courts. Said
board of supervisors is hereby further authorized to contract with the
lowest responsible bidder among the daily newspapers published within
the city of Buffalo from year to year for the publication of said day
calendars by such duly designated newspaper as hereinbefore provided.
Records kept by special deputy clerks shall be part of records
of supreme court. The minutes of the part or term of the supreme court
to which any of the special deputy clerks appointed as provided in
section one hundred and two of this chapter, is assigned by the justices
of the appellate division of the supreme court in the first department,
or by the presiding justice thereof, kept by him and the records kept by
the supreme court jury clerk in the first judicial district, shall be a
part of the records of the supreme court.
The minutes and records kept by the special deputy clerks to the clerk
of the county containing a city having a population of not less than
three hundred thousand and not more than one million wholly within the
county shall be part of the records of the supreme court.
Duty of supreme court justices in first judicial district to
enforce rules made by appellate division of first department. It shall
be the duty of every justice of the supreme court in the first judicial
district to enforce the rules made by the appellate division in the
first department pursuant to section seventy-eight of this chapter and
to require the commissioner of public works to do all acts necessary to
give full force and effect to such of said rules as relate to the
management and protection of the court-houses and court-rooms of the
supreme court.
Supreme court seal. The seal kept by the county clerk of each
county shall continue to be the seal of the supreme court, in that
county.
The provisions of this section shall not be applicable in those cases
where special provisions are otherwise made by law.
Appointment of special deputy clerks for the supreme court in
Queens county. The justices of the supreme court residing in the county
of Queens, or a majority of them, shall appoint and at pleasure remove a
special deputy to the county clerk of the county of Queens for each part
or term of the supreme court, and may appoint as many assistants to such
clerk as may be necessary for the transaction of the business of such
court.
Appointment of calendar clerk for Westchester county in the
ninth judicial district. The justices of the supreme court for the
ninth judicial district, or the majority of them, may appoint and may at
pleasure remove a calendar clerk in and for the county of Westchester.
No person shall be eligible to such appointment unless he shall be a
resident elector of the county of Westchester. His qualifications and
fitness for the office shall be determined and approved by the justices
making the appointment. He shall have charge of all the calendars of the
supreme court in and for said county and shall be governed by and have
such powers as are provided by the rules and/or regulations adopted from
time to time in accordance with statute. The board of supervisors of
Westchester county shall fix the salary of such clerk and may authorize
him to employ within the appropriations made by said board, such
clerical force or other assistants as it shall determine.
Appointment of calendar clerk for Dutchess county in the
ninth judicial district. The justices of the supreme court for the
ninth judicial district, or the majority of them, may appoint and may at
pleasure remove a calendar clerk in and for the county of Dutchess. No
person shall be eligible to such appointment unless he shall be a
resident elector of the county of Dutchess. His qualifications and
fitness for the office shall be determined and approved by the justices
making the appointment. He shall have charge of all the calendars of the
supreme court in and for said county and shall be governed by and have
such powers as are provided by the rules and/or regulations adopted from
time to time in accordance with statute. The board of supervisors of
Dutchess county shall fix the salary of such clerk and may authorize him
to employ within the appropriations made by said board, such clerical
force or other assistants as it shall determine.
Appointment of calendar clerk for Schenectady county in the
fourth judicial district. The justices of the supreme court for the
fourth judicial district, or the majority of them, may appoint and may
at pleasure remove a calendar clerk in and for the county of
Schenectady. No person shall be eligible to such appointment unless he
shall be a resident elector of the county of Schenectady. His
qualifications and fitness for the office shall be determined and
approved by the justices making the appointment. He shall have charge of
all the calendars of the supreme court in and for said county and shall
be governed by and have such powers as are provided by the rules and/or
regulations adopted from time to time in accordance with statute. The
county board of representatives of Schenectady county shall fix the
salary of such clerk and may authorize him to employ within the
appropriations made by said board, such clerical force or other
assistants as it shall determine.
Appointment of calendar clerk for Putnam county and other
necessary assistants. Subject to the provisions of article 7-A of this
law, upon the nomination of the administrative judge of the supreme
court for the ninth judicial district, the justices of the appellate
division or a majority of them may appoint and at pleasure remove a
calendar clerk, and other necessary assistants, in and for the County of
Putnam and their compensation shall be fixed by said justices of the
appellate division within the amount appropriated for such purposes by
the board of supervisors of said county. No person shall be eligible to
such appointment unless he shall be a resident elector of the county of
Putnam.
Appointment of temporary stenographer where official
stenographer fails to attend term. If an official stenographer shall
not be in attendance at a trial term of the supreme court, or a special
term of the supreme court where issues of fact are triable, the justice
presiding at the term may, in his discretion, employ a stenographer who
shall be paid such compensation as the justice shall by his certificate
fix, not to exceed thirty dollars for each day's attendance, and ten
cents for each mile for travel to and from his residence to the place
where the term is held, together with a reasonable sum for his necessary
expenses and stationery. The sum so fixed shall be a charge upon the
county in which the term shall be held, and shall be paid by the county
treasurer upon such certificate from the court fund or the fund from
which jurors are paid.
Amount spent for services of temporary stenographer to be
deducted from salary of official stenographer. If the official
stenographer of the judicial district in which such term shall be held
shall have been duly assigned to attend such term, and it does not
appear to the satisfaction of the justice that the failure to attend was
excusable, the justice may cause an order of the court to be entered at
such term, that the portion of the sum so paid by the county treasurer,
which was allowed for the per diem compensation for the services of the
stenographer employed at such term, shall be deducted from the salary of
the official stenographer who shall have been so assigned to attend such
term, and the clerk of such county shall transmit to the department of
taxation and finance a certified copy of such order, and such department
shall deduct such amount from the salary of such official stenographer
and pay the same to the treasurer of said county.
Justice of supreme court to certify amount of expenses of
stenographer attending term. The amount to which the stenographers of
the supreme court are entitled for expenses, as prescribed in section
three hundred thirteen of this chapter, must be certified by the judge
holding or presiding at the term.
Justices of supreme court in third and fourth judicial
districts to certify to the department of taxation and finance amount of
salaries and expenses of stenographers. Each of the justices of the
supreme court assigned to hold special terms in the third and fourth
judicial districts appointing a stenographer pursuant to subdivision
five of section one hundred and fifty-nine of this chapter shall
annually on the first day of October fix and transmit to the department
of taxation and finance the amount allowed to such stenographer for
salary and expenses as provided by section three hundred sixteen of this
chapter.
Emergency stenographers in criminal cases. Where the prompt
disposition of charges against a person accused of the commission of a
crime is deemed necessary, or the ends of justice require, the justice
presiding at a term of the supreme court where issues of fact are
triable, in his discretion, may employ one or more stenographers in
addition to the regularly assigned stenographer, to assist in the taking
and transcribing of the minutes of such trial. Such stenographer or
stenographers shall be paid for his services such reasonable
compensation as the justice shall by his certificate fix, together with
a reasonable sum for his necessary traveling expenses, if any, and
stationery. The sum so fixed shall be a charge upon the county in which
the term shall be held and shall be paid by the county treasurer upon
such certificate from the court fund or the fund from which jurors are
paid.
Power of supreme court justices in Nassau county to appoint law
stenographers and typists. The justice or justices of the supreme court
residing in Nassau county, or a majority of them, may appoint and at
pleasure remove and prescribe the duties of twenty law stenographers and
typists, who shall receive such compensation as may be fixed by the
board of supervisors of such county. Such compensation shall be a charge
against such county and shall be paid by the treasurer thereof in
bi-weekly installments upon the certificate of such justice or justices,
or a majority of them.
Power of supreme court justices in Dutchess county to appoint
law stenographers and typists. The justice or justices of the supreme
court residing in Dutchess county, or a majority of them, may appoint
and at pleasure remove and prescribe the duties of a confidential law
stenographer and typist, who shall receive such compensation as may be
fixed by the board of supervisors of such county. Such compensation
shall be a charge against such county and shall be paid by the treasurer
thereof in monthly installments upon the certificate of any such justice
or, if all such justices have died or are disabled, of the Dutchess
county judge or Dutchess county surrogate.
Power of supreme court justices in Rockland county to appoint
law stenographers and typists. The justice or justices of the supreme
court residing in Rockland county, or a majority of them, may appoint
and at pleasure remove and prescribe the duties of a confidential law
stenographer and typist, who shall receive such compensation as may be
fixed by the board of supervisors of such county. Such compensation
shall be a charge against such county and shall be paid by the treasurer
thereof in monthly installments upon the certificate of such justice or
justices, or a majority of them.
Power of supreme court justices in Putnam county to appoint
law stenographers and typists. The justice or justices of the supreme
court residing in Putnam county, or a majority of them, may appoint and
at pleasure remove and prescribe the duties of a confidential law
stenographer and typist, who shall receive such compensation as may be
fixed by the board of supervisors of such county. Such compensation
shall be a charge against such county and shall be paid by the treasurer
thereof in monthly installments upon the certificate of such justice or
justices, or a majority of them, or, if all such justices have died or
are disabled, of the county judge of such county.
Power of supreme court justices in Orange county to appoint
law stenographers and typists. The justice or justices of the supreme
court residing in Orange county, or a majority of them, may appoint and
at pleasure remove and prescribe the duties of a confidential law
stenographer and typist, who shall receive such compensation as may be
fixed by the board of supervisors of such county. Such compensation
shall be a charge against such county and shall be paid by the treasurer
thereof in bi-weekly installments upon the certificate of such justice
or justices, or a majority of them, or, if all such justices have died
or are disabled, of the county judge of such county.
Power of supreme court justices in Westchester county to
appoint secretarial assistants. The justices of the supreme court
residing in Westchester county, or a majority of them, may appoint and
at pleasure remove and prescribe the duties of six secretarial
assistants, who shall receive such compensation as may be fixed by the
board of supervisors of such county. Such compensation shall be a
charge against such county and shall be paid by the commissioner of
finance thereof in bi-weekly installments upon the certificate of such
justices, or a majority of them.
Power of supreme court justices in first judicial district to
appoint attendants for supreme court. Each of the justices of the
supreme court in the first judicial district shall appoint and at
pleasure remove four attendants upon the court. Each of said attendants
may also be removed by the appellate division, but not until he has been
informed of the cause of the proposed removal and has been allowed an
opportunity to make an explanation.
Powers of supreme court justices in the third judicial district
residing in Albany and Rensselaer counties to appoint confidential court
attendants. Each of the justices of the supreme court in the third
judicial district residing in Albany and Rensselaer counties may appoint
and at pleasure remove a confidential court attendant, who shall perform
such duties at chambers and in court as such justices, respectively,
shall prescribe.
* § 168. Power of supreme court justices in Kings, Queens, Richmond,
Nassau and Suffolk counties to appoint court officers. The justices of
the supreme court for the second judicial district residing in Kings
county, or a majority of them; the justice or justices of the supreme
court residing in Richmond county, or a majority of them; the justices
of the supreme court for the eleventh judicial district residing in
Queens county, or a majority of them; the justice or justices of the
supreme court residing in Nassau county, or a majority of them; the
justice or justices of the supreme court residing in Suffolk county, or
a majority of them, may appoint, and at pleasure remove all clerks,
attendants, messengers, and court officers in the supreme court in said
counties, and fix their compensation except where such compensation is
fixed by law. In the event of there being no resident justice in the
county of Richmond, the power vested in and exercised by the resident
justice or justices of Richmond county shall then be vested in the
justices or a majority of them residing in Kings county during such
period.
* NB There are 2 § 168's
Continuation in office of certain attendants and clerks. A
confidential attendant or clerk to a justice of the supreme court shall,
upon the death or retirement of such justice, continue in office until
an appointment of a confidential attendant or clerk shall be made by the
justice elected or appointed to fill such vacancy.
Power of supreme court justices in Rockland county to appoint
court officer or attendant. The justice or justices of the supreme
court, residing in Rockland county, may appoint, and at pleasure remove,
a court officer or attendant, to attend at the judge's chambers in such
county, and the special terms of the supreme court, held at such
chambers; such court officer or attendant to receive a salary to be
fixed by such resident justice, or justices, not exceeding six hundred
dollars per annum, to be paid monthly by the county treasurer of such
county, upon the certificate of such justice or justices.
Powers of supreme court justices residing in Erie county to
appoint court officers to attend terms. In addition to the constables,
or deputy sheriffs, notified by the sheriff to attend a term of court
pursuant to section four hundred and three of this chapter, the justices
of the supreme court of the eighth judicial district residing in the
county of Erie, or a majority of them, shall, in their discretion,
appoint and at their pleasure may remove one or more court officers to
attend at the justices' chambers and at special terms of the supreme
court held in the county of Erie.
Power of supreme court justices residing in Kings and Queens
counties to appoint interpreters. A majority of the justices of the
supreme court for the second judicial district, residing in the county
of Kings and a majority of the justices of the supreme court for the
eleventh judicial district, residing in the county of Queens, may
respectively appoint an interpreter or interpreters to attend the terms
of the supreme court in each of the counties of Kings and Queens. The
appointing justices shall fix the salaries of such interpreters who
shall hold office during good behavior.
Power of supreme court justices residing in Erie county
together with county judge of Erie county to appoint criers. The
justices of the supreme court residing in Erie county together with the
county judge of Erie county, or a majority of them, shall appoint, and
may at pleasure remove one or more criers for all the courts of record
held in the said county of Erie.
Power of supreme court justices in Erie county to appoint a
secretary and junior secretaries to such justices. The justices of the
supreme court residing in Erie county, or a majority of them, may
appoint and at pleasure remove and prescribe the duties of a secretary
and two junior secretaries to said justices who shall receive such
compensation as may be fixed by the board of supervisors of such county.
Such compensation shall be a charge against such county and shall be
paid by the treasurer thereof in semi-monthly installments.
Power of supreme court justices of the eight judicial
district to appoint a confidential law assistant to such justices. The
justices of the supreme court of the eighth judicial district, or a
majority of them, may appoint and at pleasure remove and prescribe the
duties of a confidential law assistant to such justices. Such
confidential law assistant shall be an attorney and counsellor at law
and shall receive such salary as shall be fixed by such justices, or a
majority of them. Such salary shall be audited by the state comptroller
and paid by the state department of taxation and finance in equal
semi-monthly installments when certified to such comptroller by a
justice of the supreme court of the eighth judicial district. Such
department shall apportion the amount of such salary among the counties
of the eighth judicial district. Such counties shall reimburse the state
therefor. The time and method of such apportionment and the time and
method of such reimbursement shall be as specified in section
seventy-four of this chapter.
Power of supreme court trial justices of eighth judicial
district to appoint stenographers. Each of the resident trial justices
of the supreme court in the eighth judicial district, except those
residing in Erie county, may appoint and at pleasure remove and
prescribe the duties of a stenographer. Each stenographer shall receive
an annual salary as established by the board of supervisors of the
county of the appointing judge's residence. Such salary shall be a
charge against the county of the appointing justice's residence and
shall be paid by the treasurer thereof in semi-monthly installments.
Maintenance of supreme court house building in Kings county.
The supreme court house building in Kings county shall be maintained
under the supervision of the justices of the supreme court residing in
the county of Kings and their successors in office, who shall appoint
and may at pleasure remove a custodian, an engineer and such other
employees as may be necessary therefor. The expense of such maintenance
shall be borne by the city of New York and shall be provided for as in
the case of other public buildings in such city.
ARTICLE 5-A The City Court of the City of New York
Justices of city court of the city of New York. The justices of
the city court of the city of New York shall be elected upon the
expiration of the terms of office of the present incumbents or their
successors at the next ensuing general election. The full term of office
of a justice of the city court of New York shall be ten years. When a
vacancy shall occur otherwise than by expiration of term of office of a
justice of such court, it shall be filled for a full term at the next
general election and until the vacancy is so filled the governor, by and
with the advice and consent of the senate if the senate shall be in
session, or if not in session, the governor may fill such vacancy by
appointment.
The successors of the present nine justices who when elected or
appointed were residents of the county of New York, shall be residents
of and shall be elected by the electors in New York county. The
successors to the present four justices, who when elected or appointed
were residents of the county of the Bronx, shall be residents of and
shall be elected by the electors in Bronx county. The successors to the
present five justices, who when elected or appointed were residents of
the county of Kings, shall be residents of and shall be elected by the
electors in Kings county. The successors to the present three justices,
who when elected or appointed were residents of the county of Queens,
shall be residents of and shall be elected by the electors in Queens
county. The successors to the present justice, who when elected or
appointed was a resident of the county of Richmond, shall be a resident
of and shall be elected by the electors in Richmond county.
The annual salary and compensation of each justice of the city court
of the city of New York, other than the chief justice thereof, for all
services performed by him shall be twenty-five thousand dollars. The
annual salary and compensation of the chief justice of such court for
all such services shall be twenty-six thousand dollars.
Commissioner of records of city court of the city of New York;
appointment; salary; duties. (1) The presiding justice shall appoint a
commissioner of records and a deputy commissioner of records who shall
be authorized to act generally for and in place of the commissioner of
records. Such commissioner shall appoint, subject to the prior approval
of the presiding justice, subordinates to assist him in the performance
of his duties. The salary of such commissioner, deputy commissioner and
subordinates shall be fixed by the presiding justice, and shall be paid
out of appropriations therefor made by the city of New York.
(2) Such commissioner shall examine into the arrangement and condition
of the records, documents, books and papers, deposited or filed in the
office of the clerk of the city court of the city of New York in each
county within such city, and into the condition and sufficiency of the
indices thereof. He shall collate and arrange the same in such manner as
may be necessary for their restoration and preservation, and shall take
such steps as may be necessary to provide convenient references thereto
and for such examination and use as the public interest and convenience
may require. He shall cause copies thereof to be made whenever by reason
of age, use, exposure, or any casualty such copies shall in his judgment
be necessary, and after such a copy has been compared with the original
it shall be certified by such commissioner, and shall thereafter be
admitted in evidence, and shall be considered for all other purposes
with the same effect as the original. The original shall be placed in a
suitable enclosure by such commissioner, and shall be preserved,
properly endorsed and indexed, for such examination as may be directed
by an order of the court in any action or proceeding in which the
accuracy of the copy may be questioned. Such duties shall be performed
under such conditions and regulations as may be approved by the
presiding justice, and in a manner which shall permit the examination
and use of such records, documents, books, papers and indices, as the
public interest and convenience may require.
(3) The office of commissioner of records of the city court shall
terminate upon the completion of the duties in this section prescribed.
ARTICLE 5-B Special Narcotics Parts of the Supreme Court In Cities With a Population of One Million or More
Declaration of legislative findings and intent. The
legislature hereby finds and declares that an emergency of grave
dimensions exists in narcotics law enforcement in cities having a
population of one million or more. The overall law enforcement effort
has not been successful in stemming the distribution of narcotic drugs.
The legislature finds that the ineffectiveness of official efforts to
contain the narcotics traffic is due in significant part to the
inability of the overburdened criminal justice system to cope with the
enormous volume of narcotics cases.
The legislature further finds that this crisis, which transcends the
traditional jurisdictional boundaries of the counties wholly contained
within such cities having a population of one million or more, demands
coordinated prosecution, centralized direction and the infusion of
massive new resources.
The legislature declares that without these new directions and
resources, this crisis will intensify and very shortly overwhelm the
already strained criminal justice system.
Based upon the above findings the legislature hereby declares that an
emergency narcotics court program is required.
It is the intent of the legislature that the emergency narcotics
program should be coordinated by the division of criminal justice of the
office of planning services in cooperation with the criminal justice
coordinating councils of such cities. The program would be implemented
by the joint efforts of the district attorneys of the counties within
cities having a population of one million or more, the judiciary, and
other criminal justice services acting in accordance with a mutually
agreed upon plan. The legislature contemplates that the program
authorized herein shall consist of the establishment of special
narcotics parts in the supreme court in cities having a population of
one million or more to hear and determine narcotic cases from within
counties wholly contained in a city having a population of one million
or more, commencing not later than the September nineteen hundred
seventy-two term and continuing thereafter during the duration of the
emergency.
The legislature declares that the resources necessary for these
special narcotics parts of the supreme court can be made available only
through a combination of federal funds from the law enforcement
assistance administration of the United States department of justice,
and state and local funds, services and facilities. To this end the
legislature declares that in order to utilize presently appropriated
federal funds, all necessary agreements shall be entered into forthwith.
Special narcotics parts; establishment. 1. There shall be
established in cities having a population of one million or more in the
supreme court special narcotics parts in such numbers and at such
locations as shall be designated by the administrative board of the
judicial conference of the state of New York to effectuate the purposes
of this article. Such parts shall hear and determine narcotics
indictments assigned thereto from any part of the supreme court in any
county within such cities.
As used in this article, "narcotics indictment" means an indictment
charging a crime that is prosecutable in any county wholly contained in
a city within cities having a population of one million or more
involving the sale or possession of a narcotic drug and any other
offense properly joined therewith.
2. Notwithstanding any other provision of law, upon or after
arraignment on a narcotics indictment filed in the supreme court in any
county within such cities and before entry of a plea of guilty or
commencement of trial, such supreme court may order that the indictment
and action be assigned to a special narcotics part of the supreme court.
3. The trial of an indictment in a special narcotics part shall for
all purposes be deemed to be a trial in the county in which the
indictment was filed, but the administrative board of the judicial
conference may promulgate rules, orders or regulations to be applicable
to such parts in place and instead of the rules, orders or regulations
applicable to courts in the county where the indictment was filed. The
administrative board shall provide by rule, order or regulation for at
least the following matters: the procedure of the part; its auxiliary
services; the assignment of judicial personnel; the appointment of
terms; and transmittal of all papers in the action, including all
undertakings for appearances of the defendant and of the witnesses, to
the part of the supreme court to which the action has been assigned.
Special narcotics parts; prosecutorial organization. The
district attorneys of the counties wholly contained in a city having a
population of one million or more shall formulate and adopt a plan
designed to effect the purposes of this article. The plan shall provide
for the following matters:
(i) the appointment of an assistant district attorney to the staff of
one of the district attorneys to administer the program established
pursuant to the plan;
(ii) the appointment of a staff to operate under the direction and
supervision of the assistant district attorney appointed pursuant to
paragraph (i);
(iii) the establishment of standards, administrative policies, and
procedures to govern the performance of the prosecutorial functions in
connection with narcotics cases, including but not limited to guidelines
governing applications by the assistant district attorney appointed
pursuant to paragraph (i) for the impaneling of a grand jury; and
(iv) any other matters, pertaining to the effective administration of
the program and fulfillment of the purposes of this article.
Special narcotics parts; procedure. Notwithstanding any other
provision of law,
(i) a narcotics indictment returned in any county within such cities
may be prosecuted in the special narcotics part to which it is assigned
pursuant to section one hundred seventy-seven-b irrespective of the
county in which the part is held and in which the crime charged was
committed;
(ii) any assistant district attorney appointed pursuant to the plan
authorized by section one hundred seventy-seven-c may prosecute all
offenses cognizable by any special narcotics part irrespective of the
county in which the part is held and in which the crime charged was
committed; and
(iii) upon the application of the assistant district attorney in
charge of the special narcotics parts appointed pursuant to the plan
authorized by section one hundred seventy-seven-c, one or more grand
juries may be drawn and impaneled for a special narcotics part upon the
order of the justice assigned to such part, which grand jury may
exercise all the powers of a grand jury in the county in which it is
impaneled and may in addition exercise its powers with respect to the
alleged commission of an offense in any county wholly contained in a
city having a population of one million or more involving the sale or
possession of a narcotic drug and any other offense that could be
properly joined therewith in an indictment.
ARTICLE 6 The Surrogates' Courts
Surrogates, New York county and Kings county. The surrogate's
courts of New York county and Kings county shall each consist of two
surrogates.
Surrogates, New York county; vacancies. When the official term
of either surrogate of New York county will expire at the close of any
year by the effluxion of time or the disability of age, the successor of
each surrogate shall be chosen at the preceding general election.
Vacancies otherwise occurring shall be filled for a full term at the
next general election happening not less than three months after such
vacancy occurs; and until any such vacancy shall be so filled, the
governor, by and with the advice and consent of the senate if the senate
shall be in session, may appoint and fill such vacancy, or if not in
session the governor may appoint and fill such vacancy. Any such
appointment shall continue until and including the last day of December
next after the election at which the vacancy shall be filled.
Surrogate's court, New York county; expenses. The surrogates of
New York county, not later than the first day of February in each year,
shall submit to the director of the budget of the city of New York an
estimate of the requirements for current expenses of their office and
court for the ensuing fiscal year. Such estimate shall contain a
statement of each of the salaries of the officers, clerks, attendants,
employees and subordinates in such office and court.
ARTICLE 6-A County Judges, Surrogates and Certain District Attorneys
Number of judges of the county court in each county. The
number of judges of the county court in each county shall be as follows:
Subd. Name of county Subd. Name of county
1. Albany, two; 28. Nassau, fourteen;
2. Allegany, two; 29. Niagara, two;
3. Broome, two; 30. Oneida, two;
4. Cattaraugus, two; 31. Onondaga, three;
5. Cayuga, one; 32. Ontario, two;
6. Chautauqua, one; 33. Orange, three;
7. Chemung, two; 34. Orleans, one;
8. Chenango, one; 35. Oswego, two;
9. Clinton, one; 36. Otsego, two;
10. Columbia, two; 37. Putnam, two;
11. Cortland, two; 38. Rensselaer, two;
12. Delaware, one; 39. Rockland, three;
13. Dutchess, two; 40. St. Lawrence, one;
14. Erie, five; 41. Saratoga, one;
15. Essex, one; 42. Schenectady, one;
16. Franklin, one; 43. Schoharie, one;
17. Fulton, two; 44. Schuyler, one;
18. Genesee, one; 45. Seneca, one;
19. Greene, two; 46. Steuben, two;
20. Hamilton, one; 47. Suffolk, eleven;
21. Herkimer, one; 48. Sullivan, two;
22. Jefferson, one; 49. Tioga, one;
23. Lewis, one; 50. Tompkins, three;
24. Livingston, two; 51. Ulster, one;
25. Madison, two; 52. Warren, one;
26. Monroe, six; 53. Washington, two;
27. Montgomery, one; 54. Wayne, three;
55. Westchester, eight;
56. Wyoming, two;
57. Yates, one.
In those counties having more than one judge of the county court, the
compensation of each such judicial officer shall be the same and the
powers, duties and jurisdiction of each of said judges shall be
coordinate and coequal. However, in the absence of a designation
pursuant to section 217 of this law, the county judge senior in point of
service, shall be vested with all administrative powers and duties
appertaining to that court.
No person may serve in the office of judge of the county court unless
he or she has been admitted to practice law in the state of New York for
at least five years as of the date he or she commences the duties of
office.
Compensation of certain district attorneys. Notwithstanding
any other provision of law, the district attorney of each county having
a population of more than five hundred thousand according to the last
federal census, exclusive of the counties of New York, Bronx, Kings,
Queens and Richmond, shall receive an annual salary equivalent to that
of a justice of the state supreme court together with such additional
compensation as the legislative body of such county may provide by local
law. Further, that the district attorney of each county having a
population of more than one hundred thousand and less than five hundred
thousand according to the last federal census, exclusive of the county
of Richmond, and the district attorney of any county, the board of
supervisors of which has designated such office as a full-time position
pursuant to subdivision eight of section seven hundred of the county
law, shall receive an annual salary equivalent to that of county judge
in the county in which the district attorney is elected or appointed,
together with such additional compensation as the legislative body of
such county may provide by local law.
Number of judges of the surrogate's court, county judges to
serve as judges of surrogate's court. 1. The number of judges of the
surrogate's court for each county, whether without or within the city of
New York, shall be equal to the number of separate elective offices or
office of judge of the surrogate's court for such county authorized by
law on the thirty-first day of August, nineteen hundred sixty-two,
except those authorized by certificate filed pursuant to section one
hundred eighty-nine-c of the judiciary law, as added by chapter six
hundred ninety-four of the laws of nineteen hundred fifty, subsequent to
March first, nineteen hundred sixty-two.
2. Except where a separate surrogate has been or shall be elected, the
county judge of each county outside of the city of New York shall be and
serve as judge of the surrogate's court for his county.
Separate office of surrogate in the counties of Chautauqua,
Nassau and Rockland. There is established a separate office of surrogate
in the counties of Chautauqua, Nassau and Rockland. The election and
term of such surrogate shall be in the manner provided by section twelve
of article six of the constitution. He shall have all the powers now
established by law.
Offices of county judge and surrogate in Fulton county
combined. The office of county judge and the office of surrogate in
Fulton county are hereby combined and on and after the effective date of
this act all the functions, powers and duties of such surrogate shall be
exercised and performed by each county judge of such county.
Additional duties of surrogate of Clinton county. On and after
the effective date of this act, all the functions, powers and duties of
the county court in Clinton county shall be exercised and performed by
the surrogate of such county in addition to his duties as such surrogate
and his powers, duties and jurisdiction in the county court shall be
co-ordinate and co-equal with the county judge of such county.
ARTICLE 7 County Court
Jurisdiction of county court. The jurisdiction of each county
court, except the county courts of counties within the city of New York,
extends to the following actions and special proceedings, in addition to
the jurisdiction, power and authority conferred upon a county court in a
particular case by special statutory provision:
1. An action for the partition of real property, for dower, for the
foreclosure, redemption or satisfaction of a mortgage upon real
property, for the foreclosure of a lien arising out of a contract for
the sale of real property, for specific performance of a contract
relating to real property, for the enforcement or foreclosure of a
mechanic's lien on real property, for reformation or rescission of a
deed, contract or mortgage affecting real property, or to compel the
determination of a claim to real property under article fifteen of the
real property actions and proceedings law, where the real property to
which the action relates is situated within the county; or to foreclose
a lien upon a chattel in a case specified in section two hundred six of
the lien law where the lien does not exceed twenty-five thousand dollars
in amount and the chattel is found within the county.
2. An action in favor of the executor, administrator or assignee of a
judgment creditor, or in a proper case in favor of the judgment
creditor, to recover a judgment for money remaining due upon a judgment
rendered in the same court.
3. An action for any other cause, where the defendant, or if there are
two or more defendants, where all of them, at the time of the
commencement of the action, reside in the county, or where a defendant
has an office for the transaction of business within the county and the
cause of action arose therein, or where the defendant is a foreign
corporation that is doing business within the county and the cause of
action arose therein and where the complaint in such action demands
judgment for a sum of money only not exceeding twenty-five thousand
dollars; or to recover one or more chattels the aggregate value of which
does not exceed twenty-five thousand dollars with or without damages for
the taking or detention thereof.
4. The custody of the person and the care of the property,
concurrently with the supreme court, of a resident of the county who is
adjudicated incompetent to manage his affairs by reason of age,
drunkenness, mental illness or other cause or for whom a conservator has
been appointed; and any special proceeding which the supreme court has
jurisdiction to entertain for the appointment of a committee of the
person or of the property of such an incompetent person or conservatee
or for the sale or other disposition of the real property situated
within the county of a person wherever resident who is incompetent, who
is a conservatee or who is an infant, or for the sale or other
disposition of the real property, situated within the county, of a
domestic religious corporation.
5. Notwithstanding any other provision of law to the contrary, any
proceeding which the supreme court has jurisdiction to entertain to
review the actions or determinations of the state board of parole.
6. An action for any claim against a restitution fund established by
such court resulting from its criminal jurisdiction.
When domestic or foreign corporation or joint-stock
association deemed resident. For the purpose of determining jurisdiction
under section one hundred ninety, a domestic corporation or joint-stock
association is deemed a resident of a county in which its principal
place of business is established by or pursuant to a statute or by its
articles of association, or in which its principal place of business or
any part of its plant, shops, factories or offices is actually located,
or in the case of a railroad corporation, in which any portion of the
road operated by it is located, and a foreign corporation is to be
deemed a resident of a county if it maintains any plant, store, office,
warehouse or other facility for doing business within such county; and
personal service of a paper by which an action or special proceeding is
commenced, made within the county, as prescribed in the civil practice
law and rules, is sufficient service thereof upon a domestic corporation
wherever it is located.
Power of county court and county judge co-extensive with that
of supreme court and supreme court justice. 1. Where a county court has
jurisdiction of an action or a special proceeding, it possesses the same
jurisdiction, power and authority in and over the same, and in the
course of the proceedings therein, that the supreme court possesses in a
like case; and it may render any judgment or grant either party any
relief that the supreme court may render or grant in a like case, and
may send its process and other mandates into any county of the state for
service or execution and enforce obedience thereto in the same manner as
the supreme court.
2. The county judge possesses the same power and authority in such
action or special proceeding that a justice of the supreme court
possesses in a like action or special proceeding brought in the supreme
court.
3. The county judge possesses the same power and authority in a
special proceeding which can be lawfully instituted before him out of
court that a justice of the supreme court possesses in a like special
proceeding instituted before him out of court.
Terms of county court. 1. The county judge must, from time
to time, appoint the times and places for holding terms of his court.
2. At least two terms, for the trial of issues of law or of fact, must
be appointed to be held in each year.
3. Each term may continue as long as the county judge deems necessary.
4. The county judge may, by a new appointment, change the day
appointed for holding a term, or appoint one or more additional terms,
or dispense with the holding of a term, without affecting any other term
or terms theretofore appointed to be held.
6. The county court is always open for the transaction of any business
for which notice is not required to be given to an adverse party, except
where it is specially prescribed by law that the business must be done
at a stated term.
7. A statute or rule conferring power upon or authorizing a proceeding
to be taken at a specified term of court, if the provision is applicable
to a county court, is to be construed as applying to any term of the
county court held pursuant to an appointment made as prescribed by law.
Place of holding terms of county court. Each term must be
held at the place designated by statute for that purpose; except that
the county judge may, from time to time, adjourn a term to any place
within the county, for the hearing and decision of motions and appeals,
and trials and other proceedings without a jury; and may appoint as many
terms as he thinks proper to be held, either at the court-house or
elsewhere in the county, for the same purpose.
Appointment of term to be filed with county clerk. Each
appointment, made as prescribed in section one hundred and ninety and
one hundred and ninety-one of this chapter, must be filed in the county
clerk's office.
Terms of county court in Erie, Onondaga, Monroe, Nassau and
Suffolk counties may be held in parts. In the county of Erie or in the
counties of Onondaga, Monroe, Nassau and Suffolk trial or special terms
of the county court for any purpose may be held in two or more parts, by
the county judge of such county and such county judge or judges of other
counties as may be requested to act, and a jury panel may be summoned to
serve in each part, or jurors may be drawn from one panel to serve in
each part.
Power of county judge to hear special proceeding that supreme
court justice can hear at chambers. A county judge within his county
has the power to, and upon proper application shall, at a reasonable
time, hear and determine any special proceeding which a supreme court
justice is authorized to hear and determine at chambers.
Incapacity, disqualification or absence of the county judges of
Suffolk, Dutchess, Ulster and Schenectady counties. If the county judge
of Suffolk county, Dutchess county, Ulster county or Schenectady county
is for any reason incapacitated, disqualified, or incapable to act in an
action or special proceeding or other matter pending or about to be
instituted in the county court of his county, or before him, or if he is
for any reason absent from his county, then the action or special
proceeding or other matter may be continued or instituted before either
a justice of the supreme court within the same judicial district as the
county judge or the surrogate of the county, who shall possess the same
power and authority in the action or special proceeding or other matter
which the county judge possesses in a like action or proceeding or
matter brought in the county court.
Printing calendar of county court. A county court may, from
time to time, by order, require the clerk to cause to be printed for the
use of the members and officers thereof, the necessary copies of the
calendar of causes, prepared for a term of the court. But this section
does not apply to the counties within the city of New York.
County court seal. The seal kept by the county clerk of each
county except in the county of New York, shall continue to be the seal
of the county court in that county.
The provisions of this section shall not be applicable in those cases
where special provisions are otherwise made by law.
Appointment of confidential clerks by county judges of Kings,
Queens, Erie, Monroe, Nassau, Onondaga, Rockland, Dutchess and Saint
Lawrence counties and by special county judge of Erie county. Each of
the county judges of the counties of Kings, Queens, Erie, Monroe,
Nassau, Onondaga, Rockland, Dutchess and Saint Lawrence shall, and the
special county judge of the county of Erie may, appoint and at pleasure
remove, a confidential clerk. Such clerks shall be exempt from
competitive examination, and their fitness and qualifications for the
office shall be approved by the judge making the appointment.
Appointment of stenographers of county courts. The county
judge, or a majority of the county judges, of each of the county courts,
may, subject to the approval of the appropriate appellate division,
appoint and at pleasure remove stenographers of said court. The county
judge, or majority of the county judges, of each of the county courts
may, subject to the approval of the appropriate appellate division,
temporarily appoint a stenographer or stenographers temporarily to
assist or temporarily to replace any stenographer or stenographers
otherwise appointed under this section. Such temporary stenographer or
stenographers shall be paid a reasonable compensation as fixed by the
legislative body of the county.
Power of county judges of certain counties to appoint criers
for courts of record. The county judge of each county, except Kings and
Erie, from time to time, may appoint and at pleasure remove, a crier for
the courts of record held in his county, other than the appellate
divisions of the supreme court.
Power of county judge of Erie county to appoint court
attendant. The county judge of Erie county may appoint, and at pleasure
remove, one court officer to attend his court in said county, and to
perform such duties in respect thereto as the said county judge may
prescribe.
Appointment of court attendant by special county judge of Erie
county. The special county judge of the county of Erie may appoint and
at pleasure remove one court officer to attend his court in said county
and to perform such duties in respect thereto as the said special county
judge may prescribe. Said court officer shall possess all the power of
an officer designated by the sheriff to attend upon a court and shall
receive such salary as shall be fixed from time to time by the board of
supervisors of Erie county.
Power of county judge of Nassau county to appoint court
officers. The county judge of the county of Nassau may appoint and at
pleasure remove all clerks, attendants, messengers and court officers in
the county court in said county, who shall perform such duties in
respect to said court as the said county judge may prescribe. Such
clerks, attendants, messengers and court officers shall receive such
salaries as shall be fixed from time to time by the board of supervisors
of Nassau county, to be paid by the treasurer of said county in equal
monthly installments.
Retirement of officers and employees by the judges of the
county court of Kings county. 1. The judges of the county court of the
county of Kings are hereby authorized, in their discretion, to retire
any clerk, deputy clerk, assistant clerk, record clerk, stenographer,
interpreter, chief court attendant, assistant chief court attendant,
court attendant, probation officer, detective, warden of the grand jury,
messenger, or any other attache of said court, who shall have served as
such in the said court and who shall have become physically or mentally
incapacitated for the further performance of the duties of his position,
provided, however, that such person shall have been employed prior to
such retirement for at least twenty years in the aggregate in one or
more of such positions heretofore mentioned, or provided that such
person immediately prior to such retirement shall have been employed
continuously for at least ten years in one or more of such positions and
in addition thereto shall have also served or been employed at any time
prior thereto in one or more places or positions in any court,
department or office of the state or of the county of Kings or city of
New York, provided, however, such combined employment shall aggregate at
least twenty years. Any person or persons retired from service pursuant
to this subdivision shall be paid out of the funds apportioned to the
said court an annual sum for annuity to be determined by the said judges
of the court, but not exceeding one-half of the average amount of his
annual salary or compensation for a period of two years preceding the
time of such retirement. Such annuity shall be paid in equal monthly
installments during the lifetime of the person or persons so retired.
2. Any clerk, deputy clerk, assistant clerk, record clerk,
stenographer, interpreter, chief court attendant, assistant chief court
attendant, court attendant, probation officer, detective, warden of the
grand jury, messenger, or any other attache of the county court of Kings
county, who shall have served as such in the said court and who shall
have been employed for at least twenty-five years in the aggregate in
one or more of such positions or who shall have immediately prior to
retirement been employed continuously for at least twelve and one-half
years in one or more of such positions and in addition thereto shall
have also served or been employed at any time prior thereto in one or
more places or positions in any court, department or office of the state
or of the city of New York or county of Kings, provided, however, that
such combined employment shall aggregate at least twenty-five years,
shall upon his own application in writing to the said judges of the
county court of Kings county be retired by the said judges, and shall be
awarded, granted and paid an annual sum for annuity equal to one-half of
the average amount of his annual salary or compensation for a period of
two years preceding the time of such retirement. Any employee heretofore
mentioned in this section who after twenty years' service in the manner
heretofore prescribed in subdivision one of this section loses such
position or employment without any fault or misconduct on his part,
shall be retired by such judges as of the date of the loss of his
position or employment, provided, however, the said employee so losing
his position or employment shall have within one full calendar month
after the loss of such position or employment, made, or had application
made on his behalf in writing for such retirement, and shall be awarded,
granted and paid an annual sum for annuity equal to as many
twenty-fifths of one-half of the average amount of his annual salary or
compensation for a period of two years preceding the date of the loss of
his position or employment as he has served aggregate years. Such
annuity shall be paid in equal monthly installments during the lifetime
of the person or persons so retired. Any person or persons retired from
service pursuant to this section, shall be paid by the comptroller of
the city of New York, upon the order of the judges of said court in the
same manner that the salaries or wages of his former position were
customarily paid to him, and the same shall be a charge upon the funds
or moneys in the custody of the said comptroller, in like manner as are
payments to the employees of said court: provided, however, that the
funds or moneys in his custody, to the credit of the retirement fund, as
hereinafter mentioned, and any funds apportioned to the county court of
Kings county, be first applied to such payments. No employee in service
at the time this section takes effect shall be retired pursuant to this
subdivision unless within one full calendar month after this section
takes effect he shall have signified his intention in writing to the
said judges that he desires to take advantage of this section. The said
judges of the county court of Kings county shall forthwith upon receipt
of such notice or notices forward to the comptroller of the city of New
York the names of all persons who have signified their intention to take
advantage of this subdivision pursuant to the provisions thereof. The
comptroller of the city of New York shall at the end of the second full
calendar month after this section takes effect and at the end of each
full calendar month thereafter deduct and retain monthly from the salary
or compensation of each employee entitled to take advantage of this
subdivision who has signified in the manner aforesaid his intention to
take advantage thereof, and of each employee entitled to take advantage
of the subdivision who may hereafter be employed or appointed, three per
centum of his monthly salary. Such moneys so deducted or retained as
aforesaid shall by the said comptroller be paid into what shall be known
as the retirement fund, which fund and all moneys which shall form a
part thereof as hereinafter provided, or thereafter accrue to it, shall
be held by said comptroller for the purposes of this section with his
usual powers of disposition and investment, subject, however, to the
direction, control and approval of the said judges of the county court
of Kings county. Every person to whom this subdivision applies who shall
have signified his intention to take advantage thereof, who shall
continue in his employment after this section takes effect, as well as
every person to whom this subdivision applies, who may hereafter be
employed or appointed to a position or place, shall be deemed to consent
and agree to the deduction made and provided for herein and shall
receipt in full for his salary or compensation and such payment shall be
a full and complete discharge and acquittance of all claims or demands
whatsoever for the services rendered by such person during the period
covered by such payment.
3. Upon the death of a member of this retirement system, there shall
be paid to his estate, or to such person having an insurable interest in
his life as he shall have nominated by written designation, duly
executed and filed with the comptroller of the city of New York, his
accumulated deductions.
Retirement of officers and employees by the judges of the court
of general sessions of the county of New York. 1. The judges of the
court of general sessions of the county of New York are hereby
authorized, in their discretion, to retire any clerk, deputy clerk,
assistant clerk, record clerk, stenographer, interpreter, warden to the
grand jury, chief court attendant, attendant or an appointee of a judge
of such court, who shall have served as such in the court of general
sessions and who shall have become physically or mentally incapacitated
for the further performance of the duties of his position. Such person,
however, shall have been employed prior to such retirement for at least
twenty years in the aggregate in one or more of such positions
heretofore mentioned, or such person immediately prior to such
retirement shall have been employed continuously for at least ten years
in one or more of such positions and in addition thereto shall have also
served or been employed at any time prior thereto in one or more places
or positions in any court, department, or office of the state or of the
county or city of New York. Such combined employment, however, shall
aggregate at least twenty years. Any person or persons retired from
service pursuant to this subdivision shall be paid out of the funds
apportioned to such court an annual sum for annuity to be determined by
such judges, but not exceeding one-half of the average amount of his
annual salary or compensation for a period of two years preceding the
time of such retirement. Such annuity shall be paid in equal monthly
installments during the lifetime of the person or persons so retired.
2. Any clerk, deputy clerk, assistant clerk, record clerk,
stenographer, interpreter, warden to the grand jury, chief court
attendant, attendant, or appointee of a judge of the court of general
sessions, who shall have served as such in the court of general
sessions, and who shall have been employed for at least twenty-five
years in the aggregate in one or more of such positions, or who shall
have immediately prior to retirement been employed continuously for at
least twelve and one-half years in one or more of such positions, and in
addition thereto shall have also served or been employed at any time
prior thereto in one or more places or positions in any court,
department or office of the state or of the city or county of New York,
provided, however, that such combined employment shall aggregate at
least twenty-five years, upon his own application in writing to such
judges, shall be retired by the judges, and shall be awarded, granted
and paid an annual sum for annuity equal to one-half of the average
amount of his annual salary or compensation for a period of two years
preceding the time of such retirement. Any such employee heretofore
mentioned who, after twenty years' service in the manner heretofore
prescribed in subdivision one of this section, loses such position or
employment without any fault or misconduct on his part shall be retired
by such judges as of the date of the loss of his position or employment.
Such employee, however, so losing his position or employment shall have,
within one full calendar month after the loss of such position or
employment, made or had application made on his behalf in writing to
such judges for such retirement, and shall be awarded, granted and paid
an annual sum for annuity equal to as many twenty-fifths of one-half of
the average amount of his annual salary or compensation for a period of
two years preceding the date of the loss of his position or employment
as he has served aggregate years. Such annuity shall be paid in equal
monthly installments during the lifetime of the person or persons so
retired. Any person or persons retired from service pursuant to this
section shall be paid out of the funds apportioned to such court, and
from the contributions to the retirement fund in such manner as such
judges shall provide by order upon such retirement. The comptroller of
the city of New York shall deduct and retain monthly from the salary or
compensation of each employee three per centum of his monthly salary.
Such moneys so deducted or retained shall be paid into what shall be
known as the retirement fund by the comptroller, which fund and all
moneys which shall form a part thereof as hereinafter provided, or
thereafter accrue to it, shall be held by such comptroller for the
purposes of this section with his usual powers of disposition and
investment, subject, however, to the direction, control and approval of
such judges. Every person to whom this subdivision applies shall be
deemed to consent and agree to the deduction made and provided for
herein and shall receipt in full for his salary or compensation, and
such payment shall be a full and complete discharge and acquittance of
all claims or demands whatsoever for the services rendered by such
person during the period covered by such payment.
3. The accumulated deductions since the first day of October, nineteen
hundred twenty, of any member of the general sessions court pension
fund, who may join or become a member of the New York city employees'
retirement system, shall be transferred to such New York city employees'
retirement system, and be there credited to the account of such member
on account of payment due from him into such New York city employees'
retirement system.
ARTICLE 7-A Judicial Administration
Administrative officers of the unified court system. 1. The
chief judge of the court of appeals shall be the chief judge of the
state of New York and shall be the chief judicial officer of the unified
court system.
2. The administrative board of the courts shall consist of the chief
judge, who shall serve as chairman, and the presiding justices of the
appellate divisions of the supreme court. The members of the
administrative board shall serve without compensation but shall be
entitled to reimbursement for expenses actually and necessarily incurred
by them in the performance of their duties.
3. The chief judge shall appoint, with the advice and consent of the
administrative board, a chief administrator of the courts who shall
serve at his pleasure. The chief administrator may be a judge or justice
of the unified court system, in which event he shall be called the chief
administrative judge of the courts, and he shall have all the functions,
powers and duties of the chief administrator. He shall receive an annual
salary to be fixed by the chief judge within the amount made available
therefor by appropriation and he shall be entitled to reimbursement for
expenses actually and necessarily incurred by him in the performance of
his duties.
Administrative functions of the chief judge of the court of
appeals. 1. The chief judge, after consultation with the administrative
board, shall establish standards and administrative policies for general
application to the unified court system throughout the state, including
but not limited to standards and administrative policies relating to:
(a) The dispatch of judicial business, the designation of
administrative judges, hours of court, assignment of terms and judges,
transfer of judges and causes among the courts of the unified court
system, the assignment and reassignment of administrative functions
performed by judicial and nonjudicial personnel, the need for additional
judicial or nonjudicial personnel, and the publication of judicial
opinions.
(b) The adoption, amendment, recission and implementation of rules and
orders regulating practice and procedure in the courts, subject to the
reserved power of the legislature provided for in section thirty of
article six of the constitution.
(c) The form and preparation of the itemized estimates of the annual
financial needs of the unified court system.
(d) Personnel practices affecting nonjudicial personnel including:
title structure, job definition, classification, qualifications,
appointments, promotions, transfers, leaves of absence, resignations and
reinstatements, performance ratings, removal, sick leaves, vacations and
time allowances. Statewide standards and policies concerning personnel
practices relating to nonjudicial personnel shall be consistent with the
civil service law, and shall be promulgated after a public hearing at
which affected nonjudicial employees or their representatives shall have
the opportunity to submit criticisms, objections and suggestions
relating to the proposed standards and policies.
(e) Administrative methods and systems of the unified court system.
(f) The form, content, maintenance and disposition of court records.
(g) Fiscal, accounting and auditing practices, the collection of fines
and fees, and the custody and disposition of court funds.
(g-1) A system of internal control for the unified court system,
pursuant to article seven-D of this chapter.
(h) The purchase, distribution and allocation of equipment and
supplies.
(i) The maintenance and management of law libraries, provision of
rooms and accommodations for the courts of the unified court system, the
judges, justices and the clerical and administrative personnel thereof.
* (j) The continuing development and implementation of methods and
techniques designed to reduce significantly the trauma to child
witnesses likely to be caused by testifying in court proceedings.
* NB Effective until September 1, 2027
* (j) The examination of the operation of the courts and the state of
their dockets and the investigation of criticisms and recommendations.
* NB Effective September 1, 2027
* (k) The appropriate education and training of judges and
non-judicial courtroom personnel concerning the social and psychological
stages of child development to ensure that they adopt or modify, where
appropriate, courtroom procedures, including the questioning and
treatment of a child witness by the parties, to protect the child from
emotional or psychological harm.
* NB Repealed September 1, 2027
* (l) The examination of the operation of the courts and the state of
their dockets and the investigation of criticisms and recommendations.
* NB Repealed September 1, 2027
2. The chief judge shall submit such standards and administrative
policies to the court of appeals, together with the recommendations, if
any, of the administrative board. Such standards and administrative
policies shall be promulgated by the chief judge after approval by the
court of appeals.
3. Whenever there is a vacancy in the office of chief judge or if the
chief judge shall be unable to exercise the duties, functions or powers
of his office, during the period of such vacancy or inability the court
of appeals shall designate an associate judge of that court to act in
his stead.
4. By September first, nineteen hundred eighty-eight, the chief judge,
after consultation with the administrative board, shall approve a form
of annual statement of financial disclosure which form shall apply to
all judges, justices, officers and employees of the courts of record of
the unified court system, who receive annual compensation at or above
the filing rate defined by paragraph (l) of subdivision one of section
seventy-three-a of the public officers law or are determined to hold a
policy-making position pursuant to the rules and regulations promulgated
pursuant to this subdivision. Such form of annual statement of financial
disclosure shall be substantially similar to the form set forth in
subdivision three of section seventy-three-a of the public officers law.
Within one year after approval of such form, the chief judge shall cause
the chief administrator of the courts to promulgate rules or regulations
which require every judge, justice, officer and employee of the courts
of record of the unified court system, who receives annual compensation
at or above the filing rate defined by paragraph (l) of subdivision one
of section seventy-three-a of the public officers law or is determined
to hold a policy-making position, to report the information required by
the approved form effective first with respect to a filing which shall
be required in nineteen hundred ninety-one (generally applicable to
information for the preceding calendar year) and thereafter, effective
for future annual filings. Such rules and regulations shall also provide
for the determination, by the appointing authority, of policy-makers who
shall be required to file the annual statement of financial disclosure
required by this subdivision. Any judge, justice, officer or employee of
the courts of record of the unified court system who, pursuant to such
rules or regulations, is required to file a completed annual statement
of financial disclosure and who makes such filing in accordance with the
requirements contained in such rules or regulations, shall be deemed to
have satisfied the requirements of any other law mandating the filing of
a completed annual statement of financial disclosure for the applicable
calendar year which might otherwise apply to such judges, justices,
officers or employees, and no duplicate filing shall be required on
account of any other such law, notwithstanding the provisions of such
other law.
5. Consistent with the provisions of section eight of this chapter,
the chief judge may relocate a term of court if an emergency or other
exigent circumstance or the imminent threat thereof prevents the safe
and practicable holding of such term at the location designated by law
therefor.
Required reports in capital cases. The court of appeals shall
promulgate rules to ensure that in every criminal action in which a
defendant is indicted for the commission of an offense defined in
section 125.27 of the penal law, the clerk of the trial court shall
prepare a data report as provided by this section not later than
forty-five days following the disposition of the case by the trial
court; provided, however, that if the indictment is dismissed, no such
data report shall be required. The data reports shall be in a form
determined by the court of appeals. Data reports shall be prepared by
the clerk of the trial court by reviewing the record and upon
consultation with the prosecutor and the attorney for the defendant and
after completion shall be forwarded to the clerk of the court of
appeals. The form and the content of the report shall be consistent
with the purpose of assisting the court of appeals in determining
pursuant to section 470.30 of the criminal procedure law, whether a
particular sentence of death is disproportionate or excessive in the
context of penalties imposed in similar cases, considering both the
crime or crimes and the defendant. Data reports developed pursuant to
this section shall be compiled into a single uniform capital case data
report, which shall be available for use by appellants in capital cases
in accordance with disclosure rules promulgated by the court of appeals.
Functions of the chief administrator of the courts. 1. The
chief administrator of the courts, on behalf of the chief judge, shall
supervise the administration and operation of the unified court system.
In the exercise of such responsibility, the chief administrator shall
have such powers and duties as may be delegated to him by the chief
judge and, in addition, the following functions, powers and duties which
shall be exercised as the chief judge may provide and in accordance with
such standards and administrative policies as may be promulgated
pursuant to section twenty-eight of article six of the constitution:
(a) Prepare the itemized estimates of the annual financial needs of
the unified court system, in accordance with section one of article
seven of the constitution. Such itemized estimates, approved by the
court of appeals and certified by the chief judge, shall be transmitted
to the governor not later than the first day of December in each year
for inclusion in the budget without revision. The chief administrator
shall forthwith transmit copies of such itemized estimates to the
chairmen of the senate finance and judiciary committees and the assembly
ways and means and judiciary committees.
(b) Establish an administrative office for the courts and appoint and
remove such deputies, assistants, counsel and employees as he may deem
necessary and fix their salaries within the appropriation made available
therefor.
(c) Establish the hours, terms and parts of court, assign judges and
justices to them, and make necessary rules therefor.
(d) Designate deputy chief administrators and administrative judges
for any or all of the courts of the unified court system, except the
appellate divisions and the court of appeals.
(e) Act as "chief executive officer" and exercise the functions,
powers and duties of a "public employer" under the provisions of article
fourteen of the civil service law.
(f) Make recommendations to the legislature and the governor for laws
and programs to improve the administration of justice and the operation
of the unified court system; and, with respect to any bill proposing law
which is likely to have a substantial and direct effect upon the unified
court system, prepare a judicial impact statement upon written request
of the chairman of the standing committee of the senate or assembly to
which the bill has been referred or upon his own initiative. The
statement shall be submitted as soon as practicable to the chairman of
the appropriate committee and contain, to the extent feasible and
relevant, the chief administrator's projections of the impact of the
proposed law on the functioning of the courts and related agencies of
the unified court system, including: (i) administration; (ii) caseload;
(iii) personnel; (iv) procedure; (v) revenues; (vi) expenses; (vii)
physical facilities; and (viii) such additional considerations as may be
requested by the committee chairman, or included by the chief
administrator.
(g) Receive and consider proposed amendments to the civil practice law
and rules and the criminal procedure law, and conduct studies and
recommend changes therein.
(h) Hold hearings and conduct investigations. The chief administrator
may issue a subpoena requiring a person to attend before him and be
examined under oath with reference to any aspect of the unified court
system, and require the production of books or papers with reference
thereto.
(i) Adopt, amend and rescind all rules and orders necessary to execute
the functions of his office.
(j) Collect, compile and publish statistics and other data with
respect to the unified court system and submit annually, on or before
the fifteenth day of March, to the legislature and the governor a report
of his activities and the state of the unified court system during the
preceding year.
(k) Require all personnel of the unified court system, county clerks
and law enforcement officers to furnish any information and statistical
data as will enable him to execute the functions of his office.
(l) Request and receive from any court or agency of the state or any
political subdivision thereof such assistance, information and data as
will enable him to execute the functions of his office.
(m) Undertake research, studies and analyses of the administration and
operation of the unified court system including, but not limited to, the
organization, budget, jurisdiction, procedure, and administrative,
clerical, fiscal and personnel practices thereof.
(n) Accept as agent of the state any grant or gift for the purpose of
executing the functions of his or her office; provided, however, where a
grant or gift is of money, the chief administrator shall dispose of same
as provided in section eleven of the state finance law.
(o) Contract for goods and services on behalf of the unified court
system.
(p) Promote cooperation and coordination between the unified court
system and other agencies of the state or its political subdivisions.
(q) Create advisory committees to assist him in the execution of the
functions of his office.
(r) Establish educational programs, seminars and institutes for the
judicial and nonjudicial personnel of the unified court system.
(s) Delegate to any deputy, assistant, court or administrative judge,
administrative functions, powers and duties possessed by him.
(t) Do all other things necessary and convenient to carry out his
functions, powers and duties.
(u) Review and approve plans, specifications, designs and cost
estimates for the design, acquisition, construction, reconstruction,
rehabilitation, improvement, furnishing or equipping of court facilities
pursuant to a capital plan approved in accordance with section sixteen
hundred eighty-c of the public authorities law; provided, however, that
in the event that such plans, specifications, designs or cost estimates
effect a substantial change in an approved capital plan, such plans,
specifications, designs or cost estimates must be approved by the court
facilities capital review board in accordance with section sixteen
hundred eighty-c of the public authorities law.
(v) Insure that appropriate public notice is given of the provisions
of section 215.22 of the penal law.
(w) Adopt, after consultation with the office of indigent legal
services, the appropriate local magistrates association, institutional
providers of criminal defense services and other members of the criminal
defense bar, local government officials, including the district
attorney, and with the approval of the administrative board of the
courts, a plan for the establishment, in accordance with paragraph (c)
of this subdivision, of off-hours arraignment parts in select local
criminal courts of a county to be held in such courts on a rotating
basis for the conduct of arraignments and other preliminary proceedings
incidental thereto, and for arrest warrant returns in criminal cases,
where the use of such parts will facilitate the availability of public
defenders or assigned counsel for defendants in need of legal
representation at such proceedings. To the extent practicable, and
notwithstanding that any such plan shall designate off-hours arraignment
parts in fewer than all of the local criminal courts of a county, each
plan authorized by this paragraph shall provide for the periodic
assignment of all of the judges and justices of all of the local
criminal courts in the affected county to the off-hours arraignment
parts designated therein. The chief administrator shall give appropriate
public notice of each off-hours arraignment part established hereunder
and each judicial assignment made thereto.
(x) Not permit the unified court system to sell any data regarding
judicial proceedings related to residential tenancy, rent or eviction to
any third party. Such prohibition includes data collected, stored or
utilized by any third-party vendors who have contracts with the unified
court system.
(y) Collect, compile, and publish statistics and other demographic
data provided in accordance with subparagraph (i) of this paragraph and
submit annually, on or before the fifteenth day of March, to the
legislature and the governor a report of his or her findings.
(i) The chief administrator shall annually request that each judge and
justice of the state-paid courts of the unified court system disclose to
the office of court administration information as to his or her
race/ethnicity, sex, sexual orientation, gender identity, veteran
status, and disability status. Compliance with this request by a judge
or justice shall be entirely voluntary; and any information disclosed to
the office of court administration may only be released publicly in the
form of aggregated statistical data that does not identify a justice or
judge.
(ii) The report required by this paragraph shall include separate
charts showing the race/ethnicity, sex, sexual orientation, gender
identity, disability status and veteran status of:
(A) all responding judges and justices of the unified court system,
including sub-charts for all elected judges and justices and all
appointed judges and justices by appointing authority;
(B) all responding judges of the court of appeals;
(C) all responding justices of the appellate division, including
sub-charts for appellate division justices in each appellate department;
(D) all responding justices of the supreme court, including sub-charts
for supreme court justices elected in each judicial district;
(E) all responding judges of the court of claims;
(F) all responding justices of the surrogate's court;
(G) all responding judges of the county courts;
(H) all responding judges of the district courts, including sub-charts
for each district court;
(I) all responding judges of the family court, including sub-charts
for family court judges appointed in New York city and family court
judges elected outside New York city;
(J) all responding judges of the New York city civil court;
(K) all responding judges of the New York city criminal court;
(L) all responding judges of the city courts, including sub-charts for
city court judges who are appointed and city court judges who are
elected; and
(M) all responding judges of the New York city housing court.
(iv) The report required by this paragraph shall use the following
ethnic and racial categories: American Indian or Alaska Native, Asian,
Black or African-American, Hispanic or Latino, Native Hawaiian or other
Pacific Islander, White, some other race, and more than one race, as
those categories are defined by the United States Census Bureau for
reporting purposes.
(v) The demographic data reported, disclosed, or released pursuant to
this subdivision shall also indicate the percentage of respondents who
declined to respond.
2. The chief administrator shall also:
(a) Designate the justices of the appellate terms of the supreme court
and the places where such appellate terms shall be held, in accordance
with the provisions of section eight of article six of the constitution.
(b) Promulgate rules of conduct for judges and justices of the unified
court system with the approval of the court of appeals, in accordance
with the provisions of section twenty of article six of the
constitution.
(c) Temporarily assign judges and justices of the unified court
system, in accordance with the provisions of section twenty-six of
article six of the constitution.
(d) Adopt rules and orders regulating practice in the courts as
authorized by statute with the advice and consent of the administrative
board of the courts, in accordance with the provisions of section thirty
of article six of the constitution.
(e) Prepare forms and compile data on family offenses, proceedings or
actions in all courts, including but not limited to the following
information:
(i) the offense alleged;
(ii) the relationship of the alleged offender to the petitioner or
complainant;
(iii) the court where the action or proceeding was instituted;
(iv) the disposition; and
(v) in the case of dismissal, the reasons therefor.
In executing this requirement, the chief administrator may adopt rules
requiring appropriate law enforcement or criminal justice agencies to
identify actions and proceedings involving family offenses and, with
respect to such actions and proceedings, to report, in such form and
manner as the chief administrator shall prescribe, the information
specified herein.
The chief administrator of the courts shall adopt rules to facilitate
record sharing and other communication among the supreme, criminal and
family courts, subject to applicable provisions of the domestic
relations law, criminal procedure law and the family court act
pertaining to the confidentiality, expungement and sealing of records,
where such courts exercise concurrent jurisdiction over family offense
proceedings or proceedings involving orders of protection.
(f) Have the power to prescribe forms pursuant to section 10.40 of the
criminal procedure law.
(g) Designate by rule one supreme court library within each judicial
district to serve as the repository of materials transmitted by state
agencies pursuant to paragraph c of subdivision four of section one
hundred two of the executive law.
(h) (i) Formulate, establish and maintain a plan or plans to encourage
and reward unusual and meritorious suggestions and accomplishments by
state employees and suggestions of retired state employees promoting
efficiency and economy in the performance of any function of the unified
court system.
(ii) Make and render merit awards to or for the benefit of state
employees and retired state employees nominated to receive them in
accordance with such plan or plans. The chief administrator may
determine the nature and extent of such merit awards, which may include
but shall not be limited to certificates, medals or other appropriate
insignia, or cash awards in such amounts as may be fixed by the chief
administrator.
(iii) Adopt and promulgate rules and regulations governing the
operation of any plan or plans established hereunder, the eligibility
and qualifications of state employees and retired state employees
participating therein, the character and quality of suggestions and
accomplishments submitted for consideration, the method of their
submission and the procedure for their review, nominations for merit
awards, and the kind, character and value of such awards, and such other
rules and regulations as may be deemed necessary or appropriate for the
proper administration of any plan or plans established hereunder.
(i) Review the practices and procedures of the unified court system
regarding fair treatment standards for crime victims and implement
recommendations for change, in accordance with the provisions of article
twenty-three of the executive law.
(j) Notwithstanding any provision of law, rule or regulation to the
contrary, establish a system for the posting of bail and the payment of
fines, mandatory surcharges, court fees, and other monies payable to a
court, county clerk in his or her capacity as clerk of court, or the
office of court administration, or to a sheriff upon enforcing a court
order or delivering a court mandate pursuant to article eighty of the
civil practice law and rules, by means of a credit card or similar
device. Notwithstanding any provision of law to the contrary, the chief
administrator may require a party making a payment in such manner also
to pay a reasonable administrative fee. In establishing such system, the
chief administrator shall seek the assistance of the state comptroller
who shall assist in developing such system so as to ensure that such
funds shall be returned to any jurisdiction which, by law, may be
entitled to them. The chief administrator shall periodically accord the
head of each police department or police force and of any state
department, agency, board, commission or public authority having police
officers who fix pre-arraignment bail pursuant to section 150.30 of the
criminal procedure law an opportunity to have the system established
pursuant to this paragraph apply to the posting of pre-arraignment bail
with police officers under his or her jurisdiction.
(k) Upon application, certify former judges or justices of the unified
court system and former housing judges of the civil court of the city of
New York who served for at least two years in such position to solemnize
marriages.
(l) Establish a panel which shall issue advisory opinions to judges
and justices of the unified court system upon the request of any one
judge or justice, concerning one or more issues related to ethical
conduct or proper execution of judicial duties or possible conflicts
between private interests and official duties.
(i) The panel shall have no executive, administrative or appointive
duties except as provided otherwise in this paragraph or in rules and
regulations adopted to implement this paragraph. The panel shall consist
of such number of members who possess such qualifications and serve for
such terms as the rules and regulations shall provide. Each member shall
serve without compensation but shall be reimbursed for expenses actually
and necessarily incurred in the performance of his or her official
duties for the panel. Notwithstanding any inconsistent provisions of
this or any other law, general, special or local, no officer or employee
of the state or any public corporation, as defined in article two-A of
the general construction law, shall be deemed to have forfeited or shall
forfeit his office or employment or any benefits provided under the
retirement and social security law or under any public retirement system
maintained by the state or any of its subdivisions by reason of his or
her being a member of the panel.
(ii) The panel shall issue a written advisory opinion to the judge or
justice making the request based upon the particular facts and
circumstances of the case, which shall be detailed in the request and in
any additional material supplied by the judge or justice at the instance
of the panel. If the individual facts and circumstances provided are
insufficient in detail to enable the panel to render an advisory
opinion, the panel shall request supplementary information from the
judge or justice to enable it to render such opinion. If such
supplementary information is still insufficient or is not provided, the
panel shall so state and shall not render an advisory opinion based upon
what it considers to be insufficient detail.
(iii) Notwithstanding any other provisions of law, requests for
advisory opinions, advisory opinions issued by the panel to an
individual judge or justice of the unified court system, and the facts
and circumstances upon which they are based, shall be and remain
confidential between the panel and the individual judge or justice
making the request; provided, however, that the panel shall publish its
advisory opinion and the facts and circumstances upon which it is based
with appropriate deletions of names of persons, places and things which
might tend to identify either the judge or justice making the request or
any other judge or justice of the unified court system; and
deliberations of the panel shall be and remain totally confidential.
(iv) Actions of any judge or justice of the uniform court system taken
in accordance with findings or recommendations contained in an advisory
opinion issued by the panel shall be presumed proper for the purposes of
any subsequent investigation by the state commission on judicial
conduct.
(m) Expend funds made available in a political subdivision pursuant to
section five hundred twenty-one of this chapter for the purposes of
improving, furnishing or equipping jury assembly rooms, jury
deliberation rooms, offices for commissioners of jurors, and such other
court facilities in such political subdivision as are required to
effectuate the policies of the state declared in section five hundred of
this chapter; except that, in any state fiscal year, no expenditure may
be made hereunder for any purpose where funds have been made available
by appropriation in such fiscal year to pay the cost thereof. Nor shall
this paragraph, and any expenditures made hereunder, relieve any
political subdivision of its obligation under section thirty-nine of
this chapter to provide goods, services and facilities suitable and
sufficient for the transaction of business by courts and court-related
agencies.
* (n) Have the power to authorize a court under subdivision (b) of
section forty-three hundred seventeen of the civil practice law and
rules to order a reference to determine an application for an order of
protection (including a temporary order of protection) that, in
accordance with law, is made ex parte or where all parties besides the
applicant default in appearance; provided, however, this paragraph shall
only apply to applications brought in family court during the hours that
the court is in session, and after five o'clock p.m. Training about
domestic violence shall be required for all persons who are designated
to serve as references as provided in this paragraph.
* NB Repealed September 1, 2027
(o) Notwithstanding the provisions of paragraph (n) of this
subdivision, have the power to authorize family courts in the seventh
and eighth judicial districts to establish a judicial hearing officer
pilot program (hereinafter referred to as "pilot program") and, under
subdivision (b) of section forty-three hundred seventeen of the civil
practice law and rules, order a reference to determine an application
for an order of protection or temporary order of protection, that, in
accordance with law, is made ex parte or where all parties beside the
applicant default in appearance; provided, however, that the chief
administrator shall not exercise this power without prior consultation
with the presiding justice of the fourth judicial department. Training
about domestic violence shall be required for all judicial hearing
officers in the pilot program.
On or before the first day of April in each year, the chief
administrator of the courts shall submit a report concerning the
judicial hearing officer pilot program to the governor, the temporary
president of the senate, the speaker of the assembly, and the chief
judge of the state. Such report shall include the number of applications
for an order of protection determined by judicial hearing officers in
the pilot program, the disposition of such applications, and such other
data, information, and analysis as are necessary to evaluate the
efficacy of the pilot program in the administration of justice in
response to domestic violence.
(p) Adopt rules authorizing payment of compensation and travel
expenses for judges and justices temporarily assigned to town and
village courts pursuant to subdivision two of section one hundred six of
the uniform justice court act.
(q) Adopt rules to require transmission, to the criminal justice
information services division of the federal bureau of investigation or
to the division of criminal justice services, of the name and other
identifying information of each person who has a guardian appointed for
him or her pursuant to any provision of state law, based on a
determination that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, he or she lacks the mental
capacity to contract or manage his or her own affairs. Any such records
transmitted directly to the federal bureau of investigation must also be
transmitted to the division of criminal justice services, and any
records received by the division of criminal justice services pursuant
to this paragraph may be checked against the statewide license and
record database.
(r) Ensure that cases eligible for judicial diversion pursuant to
article two hundred sixteen of the criminal procedure law shall be
assigned to court parts in the manner provided by the chief
administrator and that, to the extent practicable, such cases are
presided over by judges who, by virtue of the structure, caseload and
resources of the parts and the judges' training, are in the best
position to provide effective supervision over such cases, such as the
drug treatment courts. In compliance with these provisions, the chief
administrator shall give due weight to the need for diverted defendants
to make regular court appearances, and be closely supervised by the
court, for the duration of drug treatment and the pendency of the
criminal charge.
(s) Establish rules for special proceedings authorized by subsection
(d) of section 9--518 of the uniform commercial code. Such rules may
authorize the court in which such a special proceeding is pending to
order a referee to hear and determine such special proceeding.
(t) Make available translation services to all family and supreme
courts to assist in the translation of orders of protection and
temporary orders of protection, as provided in this paragraph, where the
person protected by and/or the person subject to the order of protection
has limited English proficiency or has a limited ability to read
English:
(i) Translation services shall be made available to all family and
supreme courts in the ten languages most frequently used in the courts
of each judicial department in accordance with the schedule in
subparagraph (ii) of this paragraph, and any additional languages that
the chief administrator of the courts deems appropriate;
(ii) (A) In three languages from among the ten most frequently used in
the courts of each judicial department, by January first, two thousand
eighteen;
(B) In three additional languages from among the ten most frequently
used in the courts of each judicial department, by June thirtieth, two
thousand nineteen; and
(C) In four additional languages from among the ten most frequently
used in the courts of each judicial department, by December
thirty-first, two thousand twenty; and
(iii) Upon issuance of an order of protection or temporary order of
protection, the court shall inquire of any person who is protected by it
or subject to it, who has made an appearance, whether translation
services are needed. The court shall advise the party or parties of the
availability of such translation services;
(iv) The authority provided by this paragraph shall be in addition to,
and shall not be deemed to diminish or reduce any rights of the parties
under existing law.
(t-1) Issue reports concerning the availability of translation
services where orders of protection and temporary orders of protection
are issued; special pilot programs. (i) The chief administrator of the
courts shall submit to the legislature, the governor, and the chief
judge of the state the following reports:
(A) Not later than April first, two thousand nineteen, a report on the
availability and use of translation services in the courts for orders of
protection and temporary orders of protection, including but not limited
to the languages for which written and oral translation is provided; the
number of parties that received translated documents, broken down by
language and judicial department; the number of parties receiving
interpretation, broken down by language and judicial department; the
number of people who requested a translated document and did not receive
it; and the number of cases in which a court interpreter was used to
communicate with either party and an order of protection or temporary
order of protection was issued but in which a translated document was
not provided to either party. Such report shall contain recommendations
for further legislation relating to the availability of such translation
services as the chief administrator of the courts shall deem
appropriate; and
(B) Not later than April first, two thousand eighteen, a report
evaluating the technical and operational issues involved in subjecting
the following orders of protection and temporary orders of protection to
the same requirements, relative to translation and interpretation of
such orders, as are applicable to orders of protection and temporary
orders of protection issued under section one hundred sixty-nine of the
family court act: (I) orders of protection and temporary orders of
protection issued under section 530.12 or 530.13 of the criminal
procedure law; and (II) orders of protection and temporary orders of
protection issued by a town or village justice court.
(ii) The office of court administration shall establish and oversee
two pilot programs, as follows:
(A) In one town or village court within each judicial district, to
develop best practices for the use of written translation and
interpretation services for orders of protection and temporary orders of
protection in the justice courts. Following consultation with the state
magistrates association, the conference of mayors, the association of
towns, the unified court system's advisory committee on language access,
and such other parties as may be interested, the chief administrator
shall include an analysis and evaluation of this pilot program, together
with a plan for its expansion throughout the justice court system, in
the report required pursuant to clause (B) of subparagraph (i) of this
paragraph.
(B) In one county in the city of New York and two counties outside
such city, to develop best practices for the use of written translation
and interpretation services for orders of protection and temporary
orders of protection issued in the state-paid criminal courts of such
counties. Following consultation with the state district attorneys
association, representatives of the criminal defense bar,
representatives of domestic violence prevention legal services
providers, the unified court system's advisory committee on language
access, and such other parties as may be interested, the chief
administrator shall include an analysis and evaluation of this pilot
program, together with a plan for its expansion throughout the state, in
the report required pursuant to clause (B) of subparagraph (i) of this
paragraph.
(u) (i) (A) Not later than February first in each calendar year, the
chief administrator of the courts shall submit to the legislature, the
governor and the chief judge of the state a report evaluating the
state's experience with programs in the use of electronic means for the
commencement of actions and proceedings and the service of papers
therein as authorized by law and containing such recommendations for
further legislation as he or she shall deem appropriate. In the
preparation of such report, the chief administrator shall consult with
each county clerk in whose county a program has been implemented in the
supreme and/or county court, each district attorney in whose county a
program has been implemented in criminal cases in the courts of such
county, the advisory committees established pursuant to subparagraphs
(ii) through (vi) of this paragraph, the organized bar including but not
limited to city, state, county and women's bar associations; the office
of indigent legal services; institutional legal service providers;
not-for-profit legal service providers; public defenders; attorneys
assigned pursuant to article eighteen-B of the county law; unaffiliated
attorneys who regularly appear in proceedings that are or have been
affected by any programs that have been implemented or who may be
affected by the proposed recommendations for further legislation;
representatives of victims' rights organizations; and any other persons
in whose county a program has been implemented in any of the courts
therein as deemed to be appropriate by the chief administrator, and
afford them an opportunity to submit comments with respect to such
implementation for inclusion in the report and address any such
comments.
Public comments shall also be sought via a prominent posting on the
website of the office of court administration. All comments received
from any source shall be posted for public review on the same website.
(B) The report submitted hereunder in the two thousand seventeen
calendar year shall include:
(I) the evaluation specified in subparagraph (vi) of this paragraph,
including the entities or individuals consulted, input received, all
issues encountered or otherwise brought to the attention of the chief
administrator or his or her agents, all solutions devised to address the
issues, presentment of all outstanding issues, including but not limited
to any issues relating to the use of electronic means for filing by
unrepresented litigants, any recommendations of the advisory committee
to the chief administrator, along with recommendations for legislation
in relation to the use of electronic means for the origination of
juvenile delinquency proceedings under article three of the family court
act and abuse or neglect proceedings pursuant to article ten of the
family court act in family court and the filing and service of papers in
such pending proceedings.
(II) the evaluation specified in subparagraph (v) of this paragraph,
including the entities or individuals consulted, the input received, all
issues encountered or otherwise brought to the attention of the chief
administrator or his or her agents, all solutions devised to address the
issues, presentment of all outstanding issues, including but not limited
to any issues relating to the use of electronic means for filing by
unrepresented litigants, recommendations of the advisory committee to
the chief administrator, along with recommendations for legislation in
relation to the use of electronic means for the commencement of criminal
actions and the filing and service of papers in pending criminal actions
and proceedings.
(III) the evaluation specified in subparagraph (ii) of this paragraph,
including the entities or individuals consulted, input received, all
issues encountered or otherwise brought to the attention of the chief
administrator or his or her agents, all solutions devised to address the
issues, presentment of all outstanding issues, including but not limited
to any issues relating to the use of electronic means for filing by
unrepresented litigants, any recommendations of the advisory committee
to the chief administrator, along with recommendations for legislation
in relation to the use of electronic means for the commencement of
actions and proceedings and the service and filing of papers therein in
the supreme court.
(IV) the evaluation specified in subparagraph (iii) of this paragraph,
including the entities or individuals consulted, input received, all
issues encountered or otherwise brought to the attention of the chief
administrator or his or her agents, all solutions devised to address the
issues, presentment of all outstanding issues, including but not limited
to any issues relating to the use of electronic means for filing by
unrepresented litigants, any recommendations of the advisory committee
to the chief administrator, along with recommendations for legislation
in relation to the use of electronic means for the commencement of
actions and proceedings and the service and filing of papers therein in
the surrogate's court.
(V) the evaluation specified in subparagraph (iv) of this paragraph,
including the entities or individuals consulted, input received, all
issues encountered or otherwise brought to the attention of the chief
administrator or his or her agents, all solutions devised to address the
issues, presentment of all outstanding issues, including but not limited
to any issues relating to the use of electronic means for filing by
unrepresented litigants, any recommendations of the advisory committee
to the chief administrator, along with recommendations for legislation
in relation to the use of electronic means for the commencement of
actions and proceedings and the service and filing of papers therein in
the civil court of the city of New York.
In the report, the chief administrator also shall address issues that
bear upon the need for the courts, district attorneys and others to
retain papers filed with courts or served upon parties in criminal
proceedings where electronic means can or have been used and make
recommendations for such changes in laws requiring retention of such
papers as the chief administrator may deem appropriate.
(ii) The chief administrator shall maintain an advisory committee to
consult with him or her in the implementation of laws affecting the
program in the use of electronic means for the commencement of civil
actions and proceedings and the service and filing of papers therein in
the supreme court. This committee shall consist of such number of
members as the chief administrator shall designate, among which there
shall be representatives of the organized bar including but not limited
to city, state, county and women's bar associations; institutional legal
service providers; not-for-profit legal service providers; attorneys
assigned pursuant to article eighteen-B of the county law; unaffiliated
attorneys who regularly appear in proceedings that are or have been
affected by the programs that have been implemented or who may be
affected by any recommendations for further legislation concerning the
use of electronic means for the commencement of actions and proceedings
and the service and filing of papers therein in the supreme court; and
any other persons in whose county a program has been implemented in any
of the courts therein as deemed to be appropriate by the chief
administrator. No fewer than half of the members of this advisory
committee shall be upon the recommendation of the New York state
association of county clerks. Such committee shall help the chief
administrator to evaluate the impact of such electronic filing program
on litigants including unrepresented parties, practitioners and the
courts and to obtain input from those who are or would be affected by
such electronic filing program, including unrepresented parties, city,
state, county and women's bar associations; institutional legal service
providers; not-for-profit legal service providers; attorneys assigned
pursuant to article eighteen-B of the county law; unaffiliated attorneys
who regularly appear in proceedings that are or have been affected by
the programs that have been implemented or who may be affected by any
recommendations for further legislation concerning the use of the
electronic filing program in the supreme court; and any other persons in
whose county a program has been implemented in any of the courts therein
as deemed to be appropriate by the chief administrator.
(iii) The chief administrator shall maintain an advisory committee to
consult with him or her in the implementation of laws affecting the
program in the use of electronic means for the commencement of actions
and proceedings and the service and filing of papers therein in the
surrogate's court. This committee shall consist of such number of
members as the chief administrator shall designate among which there
shall be chief clerks of surrogate's courts; representatives of the
organized bar including but not limited to city, state, county and
women's bar associations; institutional providers of legal services;
not-for-profit legal service providers; attorneys assigned pursuant to
article eighteen-B of the county law; unaffiliated attorneys who
regularly appear in proceedings that are or have been affected by the
programs that have been implemented or who may be affected by any
recommendations for further legislation concerning the use of electronic
means for the commencement of actions and proceedings and the service
and filing of papers therein in the surrogate's court; and any other
persons in whose county a program has been implemented in any of the
courts therein as deemed to be appropriate by the chief administrator.
Such committee shall help the chief administrator to evaluate the impact
of such electronic filing program on litigants including unrepresented
parties, practitioners and the courts and to obtain input from those who
are or would be affected by such electronic filing program, including
unrepresented parties, city, state, county and women's bar associations;
institutional legal service providers; not-for-profit legal service
providers; attorneys assigned pursuant to article eighteen-B of the
county law; unaffiliated attorneys who regularly appear in proceedings
that are or have been affected by the programs that have been
implemented or who may be affected by any recommendations for further
legislation concerning the use of the electronic filing program in the
surrogate's court; and any other persons in whose county a program has
been implemented in any of the courts therein as deemed to be
appropriate by the chief administrator.
(iv) The chief administrator shall maintain an advisory committee to
consult with him or her in the implementation of laws affecting the
program in the use of electronic means for the commencement of civil
actions and proceedings and the service and filing of papers therein in
the civil court of the city of New York, the district courts, the city
courts outside New York city, and the town and village justice courts.
This committee shall consist of such number of members as the chief
administrator shall designate, among which there shall be the chief
clerk of the civil court of the city of New York; one or more chief
clerks of the district courts, the city courts outside New York city,
and the town and village justice courts; the president of the state
magistrates' association or his or her designee; representatives of the
organized bar including but not limited to city, state, county and
women's bar associations; and unaffiliated attorneys who regularly
appear in proceedings that are or have been affected by the programs
that have been implemented or who may be affected by any recommendations
for further legislation concerning the use of electronic means for the
commencement of actions and proceedings and the service and filing of
papers therein in any of the courts specified in this subparagraph; and
any other persons as deemed appropriate by the chief administrator. Such
committee shall help the chief administrator to evaluate the impact of
such electronic filing program on litigants including unrepresented
parties, practitioners and the courts and to obtain input from those who
are or would be affected by such electronic filing program, including
unrepresented parties, city, state, county and women's bar associations;
institutional legal service providers; not-for-profit legal service
providers; attorneys assigned pursuant to article eighteen-B of the
county law; unaffiliated attorneys who regularly appear in proceedings
that are or have been affected by the programs that have been
implemented or who may be affected by any recommendations for further
legislation concerning the use of the electronic filing program in any
of the courts specified in this subparagraph; and any other persons in
whose county a program has been implemented in any of the courts therein
as deemed to be appropriate by the chief administrator.
(v) The chief administrator shall maintain an advisory committee to
consult with him or her in the implementation of laws affecting the
program in the use of electronic means for the commencement of criminal
actions and the filing and service of papers in pending criminal actions
and proceedings. The committee shall consist of such number of members
as will enable the chief administrator to obtain input from those who
are or would be affected by such electronic filing program, and such
members shall include county clerks; chief clerks of supreme, county and
other courts; district attorneys; representatives of the office of
indigent legal services; not-for-profit legal service providers; public
defenders; statewide and local specialty bar associations whose
membership devotes a significant portion of their practice to assigned
criminal cases pursuant to subparagraph (i) of paragraph (a) of
subdivision three of section seven hundred twenty-two of the county law;
institutional providers of criminal defense services and other members
of the criminal defense bar; representatives of victims' rights
organizations; unaffiliated attorneys who regularly appear in
proceedings that are or would be affected by such electronic filing
program and other interested members of the criminal justice community.
Such committee shall help the chief administrator to evaluate the impact
of such electronic filing program on litigants including unrepresented
parties, practitioners and the courts and to obtain input from those who
are or would be affected by such electronic filing program, including
unrepresented parties, district attorneys, not-for-profit legal service
providers, public defenders, statewide and local specialty bar
associations whose membership devotes a significant portion of their
practice to assigned criminal cases pursuant to subparagraph (i) of
paragraph (a) of subdivision three of section seven hundred twenty-two
of the county law; institutional providers of criminal defense services
and other members of the criminal defense bar, representatives of
victims' rights organizations, unaffiliated attorneys who regularly
appear in proceedings that are or would be affected by such electronic
filing program and other interested members of the criminal justice
community.
(vi) The chief administrator shall maintain an advisory committee to
consult with him or her in the implementation of laws affecting the
program in the use of electronic means for the origination of
proceedings in family court and the filing and service of papers in such
pending proceedings. The committee shall consist of such number of
members as will enable the chief administrator to obtain input from
those who are or would be affected by such electronic filing program,
and such members shall include chief clerks of family courts;
representatives of authorized presentment and child protective agencies;
other appropriate county and city government officials; institutional
providers of legal services for children and/or parents; not-for-profit
legal service providers; public defenders; representatives of the office
of indigent legal services; attorneys assigned pursuant to article
eighteen-B of the county law; and other members of the family court bar;
representatives of victims' rights organizations; unaffiliated attorneys
who regularly appear in proceedings that are or would be affected by
such electronic filing program; and other interested members of the
family practice community. Such committee shall help the chief
administrator to evaluate the impact of such electronic filing program
on litigants including unrepresented parties, practitioners and the
courts and to obtain input from those who are or would be affected by
such electronic filing program, including unrepresented parties,
representatives of authorized presentment and child protective agencies,
other appropriate county and city government officials, institutional
providers of legal services for children and/or parents, not-for-profit
legal service providers, public defenders, attorneys assigned pursuant
to article eighteen-B of the county law and other members of the family
court bar, representatives of victims' rights organizations,
unaffiliated attorneys who regularly appear in proceedings that are or
would be affected by such electronic filing program, and other
interested members of the criminal justice community.
(u-1) Compile and publish data on misdemeanor offenses in all courts,
disaggregated by county, including the following information:
(i) the aggregate number of misdemeanors charged, by indictment or the
filing of a misdemeanor complaint or information;
(ii) the offense charged;
(iii) the race, ethnicity, age, and sex of the individual charged;
(iv) whether the individual was issued a summons or appearance ticket,
was subject to custodial arrest, and/or was held prior to arraignment as
a result of the alleged misdemeanor;
(v) the precinct or location where the alleged misdemeanor occurred;
(vi) the disposition, including, as the case may be, dismissal,
acquittal, adjournment in contemplation of dismissal, plea, conviction,
or other disposition;
(vii) in the case of dismissal, the reasons therefor; and
(viii) the sentence imposed, if any, including fines, fees, and
surcharges.
(v) Have the power to establish pilot programs for the filing of
petitions for temporary orders of protection by electronic means and for
the issuance of such orders by audio-visual means pursuant to
subdivision (b) of section one hundred fifty-three-c of the family court
act. The chief administrator shall maintain an up-to-date and
publicly-available listing of the sites, if any, at which such
applications for ex parte temporary orders of protection may be filed,
and at which electronic appearances in support of such applications may
be sought, in accordance with such section one hundred fifty-three-c of
the family court act. In developing such pilot program, the chief
administrator shall strive for a program that is regionally diverse, and
takes into consideration, among other things, the availability of public
transportation, population density and the availability of facilities
for conducting such program.
(v-1) Compile and publish data on violations, to the greatest extent
practicable, in all courts, disaggregated by county, including the
following information:
(i) the aggregate number of violations charged by the filing of an
information;
(ii) the violation charged;
(iii) the race, ethnicity, age, and sex of the individual charged;
(iv) whether the individual was issued a summons or appearance ticket,
was subject to custodial arrest, and/or was held prior to arraignment as
a result of the alleged violation;
(v) the precinct or location where the alleged violation occurred;
(vi) the disposition, including, as the case may be, dismissal,
acquittal, conviction, or other disposition;
(vii) in the case of dismissal, the reasons therefor; and
(viii) the sentence imposed, if any, including fines, fees, and
surcharges.
* (w) To the extent practicable, establish such number of human
trafficking courts as may be necessary to fulfill the purposes of
subdivision five of section 170.15 and subdivision four of section
180.20 of the criminal procedure law.
* NB There are 2 par (w)'s
* (w) Adopt rules and regulations standardizing use of court-appointed
special advocate (CASA) programs in this state and governing the
structure, administration and operation of such programs.
* NB There are 2 par (w)'s
(w-1) The chief administrator shall include the information required
by paragraphs (u-1) and (v-1) of this subdivision in the annual report
submitted to the legislature and the governor pursuant to paragraph (j)
of subdivision one of this section. The chief administrator shall also
make the information required by paragraphs (u-1) and (v-1) of this
subdivision available to the public by posting it on the website of the
office of court administration and shall update such information on a
monthly basis. The information shall be posted in alphanumeric form that
can be digitally transmitted or processed and not in portable document
format or scanned copies of original documents.
(x) Take such actions and adopt such measures as may be necessary to
ensure that no written or electronic report of a criminal history record
search conducted by the office of court administration, other than a
search conducted solely for the internal recordkeeping or case
management purposes of the judiciary or for a bona fide research
purpose, contains information relating to an undisposed case. For
purposes of this paragraph, "undisposed case" shall mean a criminal
action or proceeding, or an arrest incident, appearing in the criminal
history records of the office of court administration for which no
conviction, imposition of sentence, order of removal or other final
disposition, other than the issuance of an apparently unexecuted
warrant, has been recorded and with respect to which no entry has been
made in such records for a period of at least five years preceding the
issuance of such report. Nothing contained in this paragraph shall be
deemed to permit or require the release, disclosure or other
dissemination by the office of court administration of criminal history
record information that has been sealed in accordance with law.
(x-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall
be construed as granting authority to the chief administrator, a
criminal justice or law enforcement agency, a governmental entity, or
any agent or representative of the foregoing, to use, disseminate, or
publish any individual's name, date of birth, NYSID, social security
number, docket number, or other unique identifier in violation of the
criminal procedure law, the general business law, or any other law.
(y) Take such actions and adopt such measures as may be necessary to
ensure that no written or electronic report of a criminal history record
search conducted by the office of court administration, other than a
search conducted solely for the internal recordkeeping or case
management purposes of the judiciary or for a bona fide research
purpose, contains information about any action or proceeding terminated
prior to November first, nineteen ninety-one in favor of the accused, as
defined by section 160.50 of the criminal procedure law, or sealed in
the manner provided by section 160.55 of the criminal procedure law.
(y-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall
be construed as granting authority to the chief administrator, a
criminal justice or law enforcement agency, a governmental entity, a
party, a judge, a prosecutor, or any agent or representative of the
foregoing to introduce, use, disseminate, publish or consider any
records in any judicial or administrative proceeding expunged or sealed
under applicable provisions of the criminal procedure law, the family
court act, or any other law.
(z) take such actions and adopt such measures as may be necessary to
ensure that a certificate of disposition or a written or electronic
report of a criminal history search conducted for the public by the
office of court administration contains only records of convictions, if
any, and information about pending cases. This limitation shall not
apply to searches conducted for the internal recordkeeping or case
management purposes of the judiciary, or produced to the court, the
people, and defense counsel in a criminal proceeding, or for a bona fide
research purpose, or, where appropriate, to the defendant or defendant's
designated agent.
(z-1) In executing the requirements of paragraphs (u-1) and (v-1) of
this section, the chief administrator may adopt rules consistent with
the requirements of paragraphs (x-1) and (y-1) of this subdivision to
secure the information specified herein from the office of the state
comptroller in such form and manner as the chief administrator shall
prescribe. Further, to facilitate this provision, the chief
administrator shall adopt rules to facilitate record sharing, retention
and other necessary communication among the criminal courts and law
enforcement agencies, subject to applicable provisions of the criminal
procedure law, the family court act, and any other law pertaining to the
confidentiality, expungement and sealing of records.
* (aa) (i) In order to maintain access to the court and open judicial
proceedings for all persons in their individual capacity and to prevent
interference with the needs of judicial administration, consistent with
section twenty-eight of the civil rights law and section four-a of this
chapter, shall promulgate rules to ensure the following:
(A) any representative of a law enforcement agency who, while acting
in an official capacity, enters a New York state courthouse intending to
observe an individual or take an individual into custody shall identify
himself or herself to uniformed court personnel and state his or her
specific law enforcement purpose and the proposed enforcement action to
be taken; any such representative who has a warrant or order concerning
such intended arrest shall provide a copy of such warrant or order to
such court personnel;
(B) any such warrant or order concerning such intended enforcement
action shall be promptly reviewed by a judge or court attorney;
(C) information about any such proposed enforcement action shall be
transmitted to and reviewed by appropriate court system personnel,
including the judge presiding over any case involving the subject of
that enforcement action;
(D) except in extraordinary circumstances, no arrest may be made by a
representative of a law enforcement agency in a courtroom absent leave
of the court;
(E) no civil arrest shall be executed inside a New York state
courthouse except pursuant to a judicial warrant or judicial order
authorizing the arrest;
(F) an unusual occurrence report shall be filed by court system
personnel for every enforcement action taken inside the courthouse,
including the observation of court proceedings by a representative of a
law enforcement agency acting in such person's official capacity; and
(G) copies of all judicial warrants and judicial orders authorizing an
arrest and provided to court personnel pursuant to this paragraph and
the rules promulgated thereunder shall be maintained by the chief
administrator in a central record repository, appropriately indexed or
filed alphabetically by name.
(ii) The chief administrator shall publish on the unified court system
website and provide to the governor, the speaker of the assembly and the
temporary president of the senate an annual report compiling statistics,
aggregated by county, setting forth the date each such judicial warrant
or judicial order was signed, the judge and court which issued such
judicial warrant or judicial order and the location of such court as
shown by such document, the date such judicial warrant or judicial order
was presented to counsel for the unified court system, a description of
the type of judicial warrant or judicial order and, to the extent known
to court personnel, whether or not an arrest occurred with respect to
such warrant and the date and specific location of such arrest.
* NB There are 2 par (aa)'s
* (aa) Not later than January first, two thousand twenty-two, make
available Spanish translations of the additional notices in consumer
credit transaction actions and proceedings required by section 306-d and
subdivision (j) of rule 3212 of the civil practice law and rules, and
make available form affidavits required for a motion for default
judgment in a consumer credit transaction action or proceeding required
by subdivision (f) of section 3215 of the civil practice law and rules.
* NB There are 2 par (aa)'s
(bb) To the extent practicable, establish such number of veterans
treatment courts as may be necessary to fulfill the purposes of
subdivision five of section 170.15, subdivision four of section 180.20,
section 230.11 and section 230.21 of the criminal procedure law.
(cc) Make available form affidavits required for a motion for default
judgment in an action arising from medical debt as required by
subdivision (f) of section thirty-two hundred fifteen of the civil
practice law and rules.
(dd) Promulgate a standardized form and process for individuals to
notify the office of court administration of convictions subject to
sealing under section 160.57 of the criminal procedure law, but for
which the office has not sealed or taken the requisite action for
related records.
(ee) Promulgate a standardized form and process for individuals
authorized to request sealed records pursuant to subparagraph (xiii) of
paragraph (d) of subdivision one of section 160.57 of the criminal
procedure law.
* (ff) Adopt rules necessary and appropriate to effectuate part six of
article three of the estates, powers and trusts law regarding electronic
wills.
* NB Effective December 12, 2027
Functions of the administrative board of the courts. 1. The
administrative board shall consult with the chief judge with respect to
the establishment of administrative standards and policies for general
application throughout the state, in accordance with section
twenty-eight of article six of the constitution.
2. The administrative board shall have the powers of advice and
consent with respect to: (a) the appointment of a chief administrator of
the courts, as provided in section twenty-eight of article six of the
constitution; and (b) pursuant to the provisions of section thirty of
article six of the constitution, the adoption of rules regulating
practice and procedure in the courts by the chief administrator as
authorized by law.
3. The administrative board shall have such other consultative
functions as may be required by the chief judge.
Judicial conference of the state of New York. 1. The judicial
conference of the state of New York is hereby continued. It shall
consist of the chief judge of the court of appeals who shall serve as
chairman, the presiding justice of the appellate division of each
judicial department, one trial justice of the supreme court from each of
the state's four judicial departments, one judge each of the court of
claims, the county court, the surrogate's court, the family court, the
civil court of the city of New York, the criminal court of the city of
New York, one judge of a city court outside the city of New York, one
judge of a district court, one justice of a town or village court, and
from each judicial department, one member of the bar of this state.
2. The chief judge of the court of appeals and the presiding justices
of the appellate divisions shall be members of the judicial conference
during their respective terms of office. The other members shall be
chosen by the judges of the courts on which they sit, except that the
administrative board of the courts shall appoint the members of the bar,
and the justice from a town or village court.
3. The term of members of the judicial conference shall be for two
years, except as otherwise provided in subdivision two of this section.
Members shall be eligible for reappointment to the conference. A vacancy
occurring otherwise than by expiration of term shall be filled in the
same manner as an original appointment for the unexpired term. A member
shall not receive any compensation for serving on the judicial
conference but shall be allowed his actual and necessary expenses
incurred in the performance of his duties as a member.
4. The chairmen and the ranking minority members of each of the
committees on judiciary and on codes of the senate and assembly shall be
ex officio members of the judicial conference.
Functions of the judicial conference. The judicial conference
shall:
1. study and recommend changes in laws, statutes and rules relating to
civil, criminal and family law practice which, in its opinion, will
promote simplicity in procedure, the just determination of cases and
controversies, and the elimination of unjustifiable expense and delay in
litigation in the unified court system; and
2. advise the chief administrator with respect to the establishment of
educational programs, seminars and institutes for the judicial and
nonjudicial personnel of the unified court system; and
3. consult with the chief judge and the chief administrator, as they
may require, with respect to the administration and operation of the
unified court system.
Special provisions applicable to appropriations made to the
judiciary in the legislature and judiciary budget. 1. The amount
appropriated for any program within a major purpose within the schedule
of appropriations made to the judiciary in any fiscal year in the
legislature and judiciary budget for such year may be increased or
decreased by interchange with any other program within that major
purpose with the approval of the chief administrator of the courts who
shall file such approval with the department of audit and control and
copies thereof with the senate finance committee and the assembly ways
and means committee except that the total amount appropriated for any
major purpose may not be increased or decreased by more than the
aggregate of five percent of the first five million dollars, four
percent of the second five million dollars and three percent of amounts
in excess of ten million dollars of an appropriation for the major
purpose. The allocation of maintenance undistributed appropriations made
for later distribution to major purposes contained within a schedule
shall not be deemed to be part of such total increase or decrease.
2. Notwithstanding any other provision of law, monies appropriated to
the judiciary in any fiscal year in the legislature and judiciary budget
for such year may be used in part to reimburse state-paid judges and
justices, except those of city courts outside the city of New York, for
transportation and travel expenses in accordance with section two
hundred twenty-two of this chapter; provided, however, such
reimbursement may be up to but not in excess of such maximum amount per
day as the chief administrator shall prescribe by rule.
Additional duties of the chief administrator; certain cases. 1.
The chief administrator of the courts shall designate the appropriate
persons, including but not limited to district attorneys, criminal and
family court clerks, corporation counsels, county attorneys, victims
assistance unit staff, probation officers, warrant officers, sheriffs,
police officers or any other law enforcement officials, to inform any
petitioner bringing a proceeding under article eight of the family court
act or a complainant in an action which would be subject to the
provisions of section 530.11 of the criminal procedure law, before such
proceeding or action is commenced, of the procedures available for the
institution of family offense proceedings, including but not limited to
the following:
(a) That there is concurrent jurisdiction with respect to family
offenses in both family court and the criminal courts;
(b) That a family court proceeding is a civil proceeding and is for
the purpose of attempting to keep the family unit intact. Referrals for
counseling, or counseling services, are available through probation for
this purpose;
(c) That a proceeding in the criminal courts is for the purpose of
prosecution of the offender and can result in a criminal conviction of
the offender;
(d) That a proceeding or action subject to the provisions of this
section is initiated at the time of the filing of an accusatory
instrument or filing a family court petition, not at the time of arrest,
or request for arrest, if any;
(f) That an arrest may precede the commencement of a family court or a
criminal court proceeding, but an arrest is not a requirement for
commencing either proceeding.
2. No official or other person designated pursuant to subdivision one
of this section shall discourage or prevent any person who wishes to
file a petition or sign or initiate a proceeding in a criminal court
from having access to any court for that purpose.
3. The chief administrator shall prescribe an appropriate form to
implement subdivision two of this section.
4. The chief administrator of the courts shall collect data in
relation to the number of cases in which the basic child support
obligation, as defined in section two hundred forty of the domestic
relations law and section four hundred thirteen of the family court act,
was ordered; the number of cases in which the order deviated from such
basic child support obligation and the reasons therefor; the incomes of
the parties; the number of children, and the amount of child support
awarded pursuant to the child support standards act; and amounts of
alimony or maintenance, or allocations of property included in orders or
judgments that include a provision for child support pursuant to the
child support standards act, and shall report such data to the temporary
president of the senate, speaker of the assembly, chairpersons of the
judiciary and children and families committees, and the governor on or
before the first day of April of each year. In collecting such data, the
chief administrator shall not disclose the identities of the parties or
disclose information that would tend to reveal the identities of the
parties.
5. The chief administrator of the courts, in conjunction with the
division of criminal justice services, shall collect data and report
every six months regarding pretrial release and detention. Such data and
report shall contain information categorized by age, gender, racial and
ethnic background; regarding the nature of the criminal offenses,
including the top charge of each case; the number and type of charges in
each defendant's criminal record; whether a hate crime was charged;
whether the prosecutor requested that the court fix bail, the amounts
and forms of bail requested by the prosecutor, and the amounts and forms
of bail set by the court; the number of individuals released on
recognizance; the number of individuals released on non-monetary
conditions, including the conditions imposed; the number of individuals
committed to the custody of a sheriff prior to trial; the rates of
failure to appear and rearrest; the outcome of such cases or
dispositions; the length of the pretrial detention stay and any other
such information as the chief administrator and the division of criminal
justice services may find necessary and appropriate. Further, the chief
administrator of the courts shall collect data and report every month
regarding pretrial commitments to local correctional facilities. Such
data shall include but not be limited to age, gender, racial and ethnic
background of the principal; both beginning and end dates of pretrial
commitment to the custody of the sheriff; total days of pretrial
commitment to the custody of the sheriff; the type of commitment ordered
by the court; the top charge at arrest and arraignment; and whether the
principal had been previously released from custody in the case. Such
report shall aggregate the data collected by county; court, including
city, town and village courts; and judge. The data shall be aggregated
in order to protect the identity of individual defendants. The report
shall be released publicly and published on the websites of the office
of court administration and the division of criminal justice services.
The first report shall be published twelve months after this subdivision
shall have become a law, and shall include data from the first six
months following the enactment of this section. Reports for subsequent
periods shall be published every six months thereafter; provided,
however, that the pretrial detention admissions and discharges report
will be published every month.
6. The chief administrator of the courts, in conjunction with the
division of criminal justice services, shall collect data and report
annually regarding the impact of article two hundred forty-five of the
criminal procedure law. Such data and report shall contain information
regarding the implementation of article two hundred forty-five of the
criminal procedure law, including procedures used to implement the
article, resources needed for implementation, monies received pursuant
to section ninety-nine-hh of the state finance law, including the amount
of money utilized for the services and expenses eligible pursuant to
subdivision three of such section, information regarding cases where
discovery obligations are not met, and information regarding case
outcomes. The report shall be released publicly and published on the
websites of the office of court administration and the division of
criminal justice services. The first report shall be published eighteen
months after the effective date of this section, and shall include data
from the first twelve months following the enactment of this section.
Reports for subsequent years shall be published annually thereafter.
Judicial associations; functions. There shall be a judicial
association for each of the courts of the unified court system. The
members of each association shall be the justices of the supreme court,
the judges of the court of claims, the county court, the surrogate's
court, the family court, the district court, the civil court of the city
of New York, the criminal court of the city of New York, the city courts
outside the city of New York, or the justices of the town and village
courts, as the case may be. Each association shall hold at least one
annual meeting, at which its members shall elect officers, confer on
matters of mutual interest and conduct such other business relating to
the performance of their judicial functions as they deem appropriate.
Each judicial association shall designate one of its members to consult
with the chief judge and the chief administrator with respect to the
impact of administrative policies on the functioning of the courts and
related agencies of the unified court system.
* § 218. Audio-visual coverage of judicial proceedings. 1.
Authorization. Notwithstanding the provisions of section fifty-two of
the civil rights law and subject to the provisions of this section, the
chief judge of the state or his designee may authorize an experimental
program in which presiding trial judges, in their discretion, may permit
audio-visual coverage of civil and criminal court proceedings, including
trials.
2. Definitions. For purposes of this section:
(a) "Administrative judge" shall mean the administrative judge of each
judicial district; the administrative judge of Nassau county or of
Suffolk county; the administrative judge of the civil court of the city
of New York or of the criminal court of the city of New York; or the
presiding judge of the court of claims.
(b) "Audio-visual coverage" shall mean the electronic broadcasting or
other transmission to the public of radio or television signals from the
courtroom, the recording of sound or light in the courtroom for later
transmission or reproduction, or the taking of still or motion pictures
in the courtroom by the news media.
(c) "News media" shall mean any news reporting or news gathering
agency and any employee or agent associated with such agency, including
television, radio, radio and television networks, news services,
newspapers, magazines, trade papers, in-house publications, professional
journals or any other news reporting or news gathering agency, the
function of which is to inform the public, or some segment thereof.
(d) "Presiding trial judge" shall mean the justice or judge presiding
over proceedings at which audio-visual coverage is authorized pursuant
to this section.
(e) "Covert or undercover capacity" shall mean law enforcement
activity involving criminal investigation by peace or police officers
who usually and customarily wear no uniform, badge, or other official
identification in public view.
(f) "Arraignment" shall have the same meaning as such term is defined
in subdivision nine of section 1.20 of the criminal procedure law.
(g) "Suppression hearing" shall mean a hearing on a motion made
pursuant to the provisions of section 710.20 of the criminal procedure
law; a hearing on a motion to determine the admissibility of any prior
criminal, vicious or immoral acts of a defendant and any other hearing
held to determine the admissibility of evidence.
(h) "Nonparty witness" shall mean any witness in a criminal trial
proceeding who is not a party to such proceeding; except an expert or
professional witness, a peace or police officer who acted in the course
of his or her duties and was not acting in a covert or undercover
capacity in connection with the instant court proceeding, or any
government official acting in an official capacity, shall not be deemed
to be a "nonparty witness".
(i) "Visually obscured" shall mean that the face of a participant in a
criminal trial proceeding shall either not be shown or shall be rendered
visually unrecognizable to the viewer of such proceeding by means of
special editing by the news media.
3. Requests for coverage of proceedings; administrative review.
(a) Prior to the commencement of the proceedings, any news media
interested in providing audio-visual coverage of court proceedings shall
file a request with the presiding trial judge, if assigned, or if no
assignment has been made, to the judge responsible for making such
assignment. Requests for audio-visual coverage shall be made in writing
and not less than seven days before the commencement of the judicial
proceeding, and shall refer to the individual proceeding with sufficient
identification to assist the presiding trial judge in considering the
request. Where circumstances are such that an applicant cannot
reasonably apply seven or more days before the commencement of the
proceeding, the presiding trial judge may shorten the time period for
requests.
(b) Permission for news media coverage shall be at the discretion of
the presiding trial judge. An order granting or denying a request for
audio-visual coverage of a proceeding shall be in writing and shall be
included in the record of such proceeding. Such order shall contain any
restrictions imposed by the judge on the audio-visual coverage and shall
contain a statement advising the parties that any violation of the order
is punishable by contempt pursuant to article nineteen of this chapter.
Such order for initial access shall be subject only to review by the
appropriate administrative judge; there shall be no further judicial
review of such order or determination during the pendency of such
proceeding before such trial judge. No order allowing audio-visual
coverage of a proceeding shall be sealed.
(c) Subject to the provisions of subdivision seven of this section,
upon a request for audio-visual coverage of court proceedings, the
presiding trial judge shall, at a minimum, take into account the
following factors: (i) the type of case involved; (ii) whether such
coverage would cause harm to any participant in the case or otherwise
interfere with the fair administration of justice, the advancement of a
fair trial or the rights of the parties; (iii) whether any order
directing the exclusion of witnesses from the courtroom prior to their
testimony could be rendered substantially ineffective by allowing
audio-visual coverage that could be viewed by such witnesses to the
detriment of any party; (iv) whether such coverage would interfere with
any law enforcement activity; or (v) involve lewd or scandalous matters.
(d) A request for audio-visual coverage made after the commencement of
a trial proceeding in which a jury is sitting shall not be granted
unless, (i) counsel for all parties to the proceeding consent to such
coverage, or (ii) the request is for coverage of the verdict and/or
sentencing in such proceeding.
4. Supervision of audio-visual coverage; mandatory pretrial
conference; judicial discretion.
(a) Audio-visual coverage of a court proceeding shall be subject to
the supervision of the presiding trial judge. In supervising
audio-visual coverage of court proceedings, in particular any which
involve lewd or scandalous matters, a presiding trial judge shall, where
necessary for the protection of any participant or to preserve the
welfare of a minor, prohibit all or any part of the audio-visual
coverage of such participant, minor or exhibit.
(b) A pretrial conference shall be held in each case in which
audio-visual coverage of a proceeding has been approved. At such
conference the presiding trial judge shall review, with counsel and the
news media who will participate in the audio-visual coverage, the
restrictions to be imposed. Counsel shall convey to the court any
concerns of prospective witnesses with respect to audio-visual coverage.
(c) There shall be no limitation on the exercise of discretion under
this subdivision except as provided by law. The presiding trial judge
may at any time modify or reverse any prior order or determination.
5. Consent. (a) Audio-visual coverage of judicial proceedings, except
for arraignments and suppression hearings, shall not be limited by the
objection of counsel, parties, or jurors, except for a finding by the
presiding trial judge of good or legal cause.
(b) Audio-visual coverage of arraignments and suppression hearings
shall be permitted only with the consent of all parties to the
proceeding; provided, however, where a party is not yet represented by
counsel consent may not be given unless the party has been advised of
his or her right to the aid of counsel pursuant to subdivision four of
section 170.10 or 180.10 of the criminal procedure law and the party has
affirmatively elected to proceed without counsel at such proceeding.
(c) Counsel to each party in a criminal trial proceeding shall advise
each nonparty witness that he or she has the right to request that his
or her image be visually obscured during said witness' testimony, and
upon such request the presiding trial judge shall order the news media
to visually obscure the visual image of the witness in any and all
audio-visual coverage of the judicial proceeding.
6. Restrictions relating to equipment and personnel; sound and light
criteria. Where audio-visual coverage of court proceedings is authorized
pursuant to this section, the following restrictions shall be observed:
(a) Equipment and personnel:
(i) No more than two electronic or motion picture cameras and two
camera operators shall be permitted in any proceeding.
(ii) No more than one photographer to operate two still cameras with
not more than two lenses for each camera shall be permitted in any
proceeding.
(iii) No more than one audio system for broadcast purposes shall be
permitted in any proceeding. Audio pickup for all media purposes shall
be effectuated through existing audio systems in the court facility. If
no technically suitable audio system is available, microphones and
related wiring essential for media purposes shall be supplied by those
persons providing audio-visual coverage. Any microphones and sound
wiring shall be unobtrusive and located in places designated by the
presiding trial judge.
(iv) Notwithstanding the provisions of subparagraphs (i), (ii) and
(iii) of this paragraph, the presiding trial judge may modify his
original order to increase or decrease the amount of equipment that will
be permitted into a courtroom on a finding of special circumstances so
long as it will not impair the dignity of the court or the judicial
process.
(v) Notwithstanding the provisions of subparagraphs (i), (ii) and
(iii) of this paragraph, the equipment authorized therein shall not be
admitted into a court proceeding unless all persons interested in
providing audio-visual coverage of such proceedings shall have entered
into pooling arrangements for their respective groups. Furthermore, a
pool operator for the electronic and motion picture media and a pool
operator for the still photography media shall be selected, and
procedures for cost sharing and dissemination of audio-visual material
established. The court shall not be called upon to mediate or resolve
any dispute as to such arrangements. In making pooling arrangements,
consideration shall be given to educational users' needs for full
coverage of entire proceedings.
(b) Sound and light criteria:
(i) Only electronic and motion picture cameras, audio equipment and
still camera equipment which do not produce distracting sound or light
shall be employed to cover judicial proceedings. The chief administrator
of the courts shall promulgate a list of acceptable equipment models.
(ii) No motorized drives shall be permitted, and no moving lights,
flash attachments, or sudden lighting changes shall be permitted during
judicial proceedings.
(iii) No light or signal visible or audible to trial participants
shall be used on any equipment during audio-visual coverage to indicate
whether it is operating.
(iv) It shall be the affirmative duty of any person desiring to use
equipment other than that authorized by the chief administrator to
demonstrate to the presiding trial judge, adequately in advance of any
proceeding, that the equipment sought to be utilized meets acceptable
sound and light criteria. A failure to obtain advance judicial approval
for equipment shall preclude its use in any proceeding.
(v) With the concurrence of the presiding trial judge modifications
and additions may be made to light sources existing in the facility,
provided such modification or additions are installed and maintained at
the expense of the news media who are providing audio-visual coverage
and provided they are not distracting or otherwise offensive.
(c) Location of equipment and personnel. Cameras, equipment and
personnel shall be positioned in locations designated by the presiding
trial judge.
(i) All audio-visual coverage operators shall assume their assigned,
fixed position within the designated area and once established in such
position, shall act in a manner so as not to call attention to their
activities.
(ii) The areas so designated shall provide reasonable access to
coverage with the least possible interference with court proceedings.
Equipment that is not necessary for audio-visual coverage from inside
the courtroom shall be located in an area outside the courtroom.
(d) Movement of equipment during proceedings. Equipment shall not be
placed in, moved about or removed from the courtroom, and related
personnel shall not move about the courtroom, except prior to
commencement or after adjournment of proceedings each day, or during a
recess. Camera film and lenses shall be changed only during a recess in
proceedings.
7. Restrictions on audio-visual coverage. Notwithstanding the initial
approval of a request for audio-visual coverage of any court proceeding,
the presiding trial judge shall have discretion throughout the
proceeding to revoke such approval or limit such coverage, and may where
appropriate exercise such discretion to limit, restrict or prohibit
audio or video broadcast or photography of any part of the proceeding in
the courtroom, or of the name or features of any participant therein. In
any case, audio-visual coverage shall be limited as follows:
(a) no audio pickup or audio broadcast of conferences which occur in a
court facility between attorneys and their clients, between co-counsel
of a client, or between counsel and the presiding trial judge, shall be
permitted without the prior express consent of all participants in the
conference;
(b) no conference in chambers shall be subject to audio-visual
coverage;
(c) no audio-visual coverage of the selection of the prospective jury
during voir dire shall be permitted;
(d) no audio-visual coverage of the jury, or of any juror or alternate
juror, while in the jury box, in the courtroom, in the jury deliberation
room during recess, or while going to or from the deliberation room at
any time shall be permitted; provided, however, that, upon consent of
the foreperson of a jury, the presiding trial judge may, in his or her
discretion, permit audio coverage of such foreperson delivering a
verdict;
(e) no audio-visual coverage shall be permitted of a witness, who as a
peace or police officer acted in a covert or undercover capacity in
connection with the instant court proceeding, without the prior written
consent of such witness;
(f) no audio-visual coverage shall be permitted of a witness, who as a
peace or police officer is currently engaged in a covert or undercover
capacity, without the prior written consent of such witness;
(g) no audio-visual coverage shall be permitted of the victim in a
prosecution for rape, criminal sexual act, sexual abuse or other sex
offense under article one hundred thirty or section 255.25 of the penal
law; notwithstanding the initial approval of a request for audio-visual
coverage of such a proceeding, the presiding trial judge shall have
discretion throughout the proceeding to limit any coverage which would
identify the victim, except that said victim can request of the
presiding trial judge that audio-visual coverage be permitted of his or
her testimony, or in the alternative the victim can request that
coverage of his or her testimony be permitted but that his or her image
shall be visually obscured by the news media, and the presiding trial
judge in his or her discretion shall grant the request of the victim for
the coverage specified;
(h) no audio-visual coverage of any arraignment or suppression hearing
shall be permitted without the prior consent of all parties to the
proceeding; provided, however, where a party is not yet represented by
counsel consent may not be given unless the party has been advised of
his or her right to the aid of counsel pursuant to subdivision four of
section 170.10 or 180.10 of the criminal procedure law and the party has
affirmatively elected to proceed without counsel at such proceeding;
(i) no judicial proceeding shall be scheduled, delayed, reenacted or
continued at the request of, or for the convenience of the news media;
(j) no audio-visual coverage of any participant shall be permitted if
the presiding trial judge finds that such coverage is liable to endanger
the safety of any person;
(k) no audio-visual coverage of any judicial proceedings which are by
law closed to the public, or which may be closed to the public and which
have been closed by the presiding trial judge shall be permitted; and
(l) no audio-visual coverage shall be permitted which focuses on or
features a family member of a victim or a party in the trial of a
criminal case, except while such family member is testifying.
Audio-visual coverage operators shall make all reasonable efforts to
determine the identity of such persons, so that such coverage shall not
occur.
8. Violations. Any violation of an order or determination issued under
this section shall be punishable as a contempt pursuant to article
nineteen of this chapter.
9. Review committee. (a) There shall be created a committee to review
audio-visual coverage of court proceedings. The committee shall consist
of twelve members, three to be appointed by the governor, three to be
appointed by the chief judge of the courts, two to be appointed by the
majority leader of the senate, two to be appointed by the speaker of the
assembly, one to be appointed by the minority leader of the senate and
one to be appointed by minority leader of the assembly. The chair of the
committee shall be appointed by the chief judge of the courts. At least
one member of the committee and no more than two members of the
committee shall be a representative of the broadcast media, be employed
by the broadcast media, or receive compensation from the broadcast
media. At least two members of the committee shall be members of the
bar, engaged in the practice of law, and regularly conduct trials and/or
appellate arguments; and at least one member of the committee shall by
professional training and expertise be qualified to evaluate and analyze
research methodology relevant to analyzing the impact and effect of
audio-visual coverage of judicial proceedings. No one who has served on
an earlier committee established by law to review audio-visual coverage
of judicial proceedings in New York state may be appointed to such
committee. No member or employee of the executive, legislative, or
judicial branches of the state government may be appointed to such
committee.
(b) The members of the committee shall serve without compensation for
their services as members of the committee, except that each of the
nonpublic members of the committee may be allowed the necessary and
actual travel, meals and lodging expenses which he or she shall incur in
the performance of his or her duties under this section. Any expenses
incurred pursuant to this section shall be a charge against the office
of court administration.
(c) The committee shall have the power, duty and responsibility to
evaluate, analyze, and monitor the provisions of this section. The
office of court administration and all participants in proceedings where
audio-visual coverage was permitted, including judges, attorneys and
jurors, shall cooperate with the committee in connection with the review
of the impact of audio-visual coverage on such proceedings. The
committee shall request participation and assistance from the New York
state bar association and other bar associations. The committee shall
issue a report to the legislature, the governor, and the chief judge
evaluating the efficacy of the program and whether any public benefits
accrue from the program, any abuses that occurred during the program,
and the extent to which and in what way the conduct of participants in
court proceedings changes when audio-visual coverage is present. The
committee shall expressly and specifically analyze and evaluate the
degree of compliance by trial judges and the media with the provisions
of this section and the effect of audio-visual coverage on the conduct
of trial judges both inside and outside the courtroom. Such report shall
be submitted to the legislature, the governor and the chief judge by
January thirty-first, nineteen hundred ninety-seven.
10. Rules and regulations. The chief administrator shall promulgate
appropriate rules and regulations for the implementation of the
provisions of this section after affording all interested persons,
agencies and institutions an opportunity to review and comment thereon.
Such rules and regulations shall include provisions to ensure that
audio-visual coverage of trial proceedings shall not interfere with the
decorum and dignity of courtrooms and court facilities.
11. Duration. The provisions of this section shall be of no force and
effect after June thirtieth, nineteen hundred ninety-seven.
* NB Expired June 30, 1997
Capital plans for court facilities. The chief executive officer
of each political subdivision of the state specified in paragraph (a) of
subdivision two of section thirty-nine of this chapter shall, not later
than twenty-four months after the effective date of this section,
prepare and submit to the chief administrator an assessment of the
suitability and sufficiency for the transaction of business of the
facilities it furnishes the courts, together with a plan for the
acquisition, design, construction, reconstruction, rehabilitation,
improvement and financing of such facilities and such additional
facilities as may be needed by the unified court system as reasonably
determined by the chief administrator after consultation with the chief
executive officer. In making such determinations, the chief
administrator may establish priorities among the facilities' needs
within each political subdivision if he or she determines that it is
practicable and in the best interests of the unified court system to do
so. Each such assessment and plan shall be in the form prescribed by the
chief administrator and prepared in compliance with such standards and
administrative policies as may be promulgated pursuant to section
twenty-eight of article six of the constitution and shall be subject to
the approval of the court facilities capital review board. Following
such approval, they shall constitute the capital plan for the political
subdivision by which they were prepared.
The New York state judicial institute. 1. There shall be
established a New York state judicial institute (hereinafter referred to
in this section as the "institute"). This institute shall serve as a
continuing statewide center for the provision of education, training and
research facilities for all judges and justices of the unified court
system.
2. The chief administrator of the courts may enter into an agreement
jointly with the dormitory authority and with any other person, firm,
association, corporation or agency pursuant to which facilities for such
institute shall be constructed or otherwise provided and thereafter
maintained. The maximum amount of bonds that may be issued for such
institute is sixteen million one hundred five thousand dollars,
exclusive of bonds issued to fund any reserve fund or funds, pay costs
of issuance and refund bonds. Expenses of the unified court system in
relation to this agreement shall be paid out of funds appropriated from
the court facilities incentive aid fund to the judiciary for that
purpose.
3. Except as otherwise provided in the agreement specified in
subdivision two of this section, the institute shall be deemed a
court-related agency of the unified court system and shall be operated
by nonjudicial employees thereof.
The New York state court officer academy. 1. There shall be
established a New York state court officer academy (hereinafter referred
to in this section as the "academy"). This academy shall serve as a
center for the provision of education and training to New York state
court officers and other non-judicial employees of the New York state
courts.
2. The chief administrator of the courts may enter into one or more
agreements jointly with the dormitory authority and with any other
person, firm, association, corporation or agency pursuant to which
facilities for such academy shall be procured, constructed or otherwise
provided and thereafter maintained; provided that: (a) a branch of such
academy shall be established on the property or properties located in
the county of Kings; and (b) a second branch of such academy shall be
established in one or more facilities within the county of Saratoga.
Expenses of the unified court system in relation to such an agreement or
agreements shall be paid out of funds appropriated to the judiciary for
that purpose.
3. Except as otherwise provided in an agreement specified in
subdivision two of this section, the academy shall be deemed a
court-related agency of the unified court system and shall be operated
by nonjudicial employees thereof.
Crimes involving sexual assault and the sexual abuse of
minors; judicial training. The office of court administration shall
provide training for judges and justices with respect to crimes
involving sexual assault, and the sexual abuse of minors.
Rules reviving certain actions; sexual offenses against
children. The chief administrator of the courts shall promulgate rules
for the timely adjudication of revived actions brought pursuant to
section two hundred fourteen-g of the civil practice law and rules.
Rules reviving certain actions; sexual offenses. The chief
administrator of the courts shall promulgate rules for the timely
adjudication of revived actions brought pursuant to section two hundred
fourteen-j of the civil practice law and rules.
ARTICLE 7-B Compensation of Judges and Justices of the Unified Court System
Compensation of judges and justices to be a state charge. The
salaries and expenses of judges and justices of the unified court
system, except justices of town and village courts, shall be paid by the
state subject to the provisions of section thirty-nine of this chapter.
Salaries shall be paid in twenty-six bi-weekly installments.
Salary of judges of the court of appeals. The annual salaries
of the chief judge and associate judges of the court of appeals shall be
as follows:
Chief Judge 156,000
Associate Judge 151,200
Salary of justices of the appellate divisions of supreme
court. The annual salaries of the presiding justices and associate
justices of the appellate divisions of the supreme court shall be as
follows:
Presiding Justice 147,600
Associate Justice 144,000
Salary of justices of the supreme court. The annual salary of
a justice of the supreme court shall be as follows:
Justice 136,700
Additional compensation of justices of the supreme court;
service in appellate term. A justice of the supreme court who shall be
designated by the appellate division of the supreme court to serve in an
appellate term in the manner provided in section eight of article six of
the constitution shall receive, in addition to his or her judicial
salary as established by law, the sum of three thousand dollars annually
as compensation for his or her services in appellate term.
Salary of judges of the court of claims. The annual salaries
of the presiding judge and judges of the court of claims shall be as
follows:
Presiding Judge 144,000
Judge 136,700
Salary of judges of the county court. The annual salary of
each judge of a county court shall be as follows:
County
Albany 131,400
Allegany 119,800
Broome 119,800
Cattaraugus 119,800
Cayuga 122,700
Chautauqua 119,800
Chemung 119,800
Chenango 119,800
Clinton 121,200
Columbia 119,800
Cortland 119,800
Delaware 119,800
Dutchess 125,600
Erie 125,600
Essex 119,800
Franklin 119,800
Fulton 119,800
Genesee 119,800
Greene 119,800
Hamilton 119,800
Herkimer 119,800
Jefferson 119,800
Lewis 119,800
Livingston 119,800
Madison 119,800
Monroe 125,600
Montgomery 119,800
Nassau 136,700
Niagara 119,800
Oneida 119,800
Onondaga 125,600
Ontario 119,800
Orange 125,600
Orleans 119,800
Oswego 119,800
Otsego 119,800
Putnam 131,400
Rensselaer 119,800
Rockland 125,600
St. Lawrence 119,800
Saratoga 119,800
Schenectady 119,800
Schoharie 119,800
Schuyler 119,800
Seneca 119,800
Steuben 119,800
Suffolk 136,700
Sullivan 127,000
Tioga 119,800
Tompkins 122,700
Ulster 131,400
Warren 119,800
Washington 119,800
Wayne 119,800
Westchester 136,700
Wyoming 119,800
Yates 119,800
Salary of judges of the family court. The annual salary of
each judge of a family court shall be as follows:
County
Albany 119,800
Broome 125,600
Bronx 136,700
Chautauqua 119,800
Chemung 119,800
Dutchess 125,600
Erie 125,600
Fulton 119,800
Genesee 119,800
Herkimer 119,800
Jefferson 119,800
Kings 136,700
Monroe 125,600
Montgomery 119,800
Nassau 136,700
New York 136,700
Niagara 119,800
Oneida 125,600
Onondaga 125,600
Orange 125,600
Oswego 119,800
Queens 136,700
Rensselaer 119,800
Richmond 136,700
Rockland 125,600
St. Lawrence 119,800
Saratoga 119,800
Schenectady 119,800
Suffolk 136,700
Sullivan 127,000
Ulster 127,000
Warren 119,800
Westchester 136,700
Salary of judges of the surrogate's court. The annual salary
of each judge of a surrogate's court shall be as follows:
County
Albany 119,800
Broome 119,800
Bronx 136,700
Cayuga 119,800
Chautauqua 119,800
Clinton 121,200
Dutchess 135,800
Erie 129,900
Jefferson 119,800
Kings 136,700
Monroe 135,800
Montgomery 119,800
Nassau 136,700
New York 136,700
Oneida 119,800
Onondaga 135,800
Ontario 119,800
Orange 125,600
Oswego 119,800
Queens 136,700
Rensselaer 119,800
Richmond 136,700
Rockland 125,600
St. Lawrence 119,800
Saratoga 119,800
Schenectady 119,800
Steuben 119,800
Suffolk 136,700
Ulster 119,800
Westchester 136,700
Salary of judges of the civil court of the city of New York
and the criminal court of the city of New York. The annual salaries of
judges of the civil court of the city of New York and of the criminal
court of the city of New York shall be as follows:
Judge of the Civil
Court 125,600
Judge of the
Criminal Court 125,600
Salary of judges of the district court. The annual salaries
of the presidents of the boards of judges and judges of the district
court in Nassau and Suffolk counties shall be as follows:
District Court in
Nassau County
President of the
Board of Judges 126,900
Judge 122,700
District Court in
Suffolk County
President of the
Board of Judges 126,900
Judge 122,700
Salary of judges of the city courts outside the city of New
York. Except as otherwise provided by chapter five hundred sixty-seven
of the laws of two thousand ten, the annual salary of each judge of a
city court outside the city of New York shall be as follows (where this
section provides different salaries for judicial positions on the same
court having the same title, the greater salary shall be paid the person
holding the position paid the greater salary on the day immediately
preceding the day on which such salaries took effect):
City Title
Albany City Court Judge (FT) 113,900
Amsterdam City Court Judge (FT) 108,800
Amsterdam City Court Judge 27,200
Auburn City Court Judge (FT) 108,800
Auburn City Court Judge 54,400
Batavia City Court Judge (FT) 108,800
Batavia City Court Judge 27,200
Beacon City Court Judge (FT) 108,800
Beacon City Court Judge 27,200
Binghamton City Court Judge (FT) 108,800
Buffalo Chief Judge (FT) 115,100
Buffalo City Court Judge (FT) 113,900
Canandaigua City Court Judge (FT) 108,800
Canandaigua City Court Judge 27,200
Cohoes City Court Judge 54,400
Corning City Court Judge (FT) 108,800
Corning City Court Judge 27,200
Cortland City Court Judge (FT) 108,800
Cortland City Court Judge 54,400
Dunkirk City Court Judge (FT) 108,800
Dunkirk City Court Judge 27,200
Elmira City Court Judge (FT) 108,800
Fulton City Court Judge (FT) 108,800
Fulton City Court Judge 27,200
Geneva City Court Judge 54,400
Geneva City Court Judge 27,200
Glen Cove City Court Judge 54,400
Gloversville City Court Judge (FT) 108,800
Gloversville City Court Judge 27,200
Glens Falls City Court Judge (FT) 108,800
Glens Falls City Court Judge 27,200
Hornell City Court Judge 54,400
Hornell City Court Judge 27,200
Hudson City Court Judge 54,400
Hudson City Court Judge 27,200
Ithaca City Court Judge (FT) 108,800
Jamestown City Court Judge (FT) 108,800
Johnstown City Court Judge 54,400
Johnstown City Court Judge 27,200
Kingston City Court Judge (FT) 108,800
Lackawanna City Court Judge (FT) 108,800
Lackawanna City Court Judge 54,400
Lockport City Court Judge (FT) 108,800
Long Beach City Court Judge (FT) 118,300
Little Falls City Court Judge 27,200
Mechanicville City Court Judge 27,200
Middletown City Court Judge (FT) 108,800
Mount Vernon City Court Judge (FT) 118,300
Mount Vernon City Court Judge 54,400
Newburgh City Court Judge (FT) 108,800
Niagara Falls Chief Judge (FT) 115,100
Niagara Falls City Court Judge (FT) 113,900
Norwich City Court Judge (FT) 108,800
Norwich City Court Judge 27,200
New Rochelle City Court Judge (FT) 118,300
North Tonawanda City Court Judge (FT) 108,800
North Tonawanda City Court Judge 54,400
Ogdensburg City Court Judge (FT) 108,800
Ogdensburg City Court Judge 27,200
Olean City Court Judge (FT) 108,800
Olean City Court Judge 27,200
Oneida City Court Judge (FT) 108,800
Oneida City Court Judge 27,200
Oneonta City Court Judge 54,400
Oneonta City Court Judge 27,200
Oswego City Court Judge (FT) 108,800
Oswego City Court Judge 27,200
Peekskill City Court Judge (FT) 108,800
Peekskill City Court Judge 54,400
Poughkeepsie City Court Judge (FT) 108,800
Plattsburgh City Court Judge (FT) 108,800
Plattsburgh City Court Judge 27,200
Port Jervis City Court Judge 54,400
Rensselaer City Court Judge 54,400
Rensselaer City Court Judge 27,200
Rochester Chief Judge (FT) 115,100
Rochester City Court Judge (FT) 113,900
Rome City Court Judge (FT) 113,900
Rye City Court Judge (FT) 108,800
Rye City Court Judge 54,400
Salamanca City Court Judge 54,400
Salamanca City Court Judge 27,200
Saratoga Springs City Court Judge (FT) 108,800
Schenectady City Court Judge (FT) 108,800
Sherrill City Court Judge 27,200
Syracuse Chief Judge (FT) 115,100
Syracuse City Court Judge (FT) 113,900
Tonawanda City Court Judge (FT) 108,800
Tonawanda City Court Judge 54,400
Troy City Court Judge (FT) 113,900
Troy City Court Judge 81,600
Utica Chief Judge (FT) 115,100
Utica City Court Judge (FT) 113,900
Watertown City Court Judge (FT) 108,800
Watertown City Court Judge 27,200
Watervliet City Court Judge 54,400
White Plains City Court Judge (FT) 116,800
Yonkers Chief Judge (FT) 119,500
Yonkers City Court Judge (FT) 118,300
Expenses of judges and justices. Notwithstanding any other
provision of law, and subject to such rules and regulations as the chief
administrator shall prescribe:
(a) each judge of the court of appeals, each justice of the supreme
court, including the justices of the appellate divisions thereof, and
each judge of the court of claims shall be reimbursed for his or her
actual and necessary transportation expenses, and such other travel
expenses not to exceed seventy-five dollars per day as he or she shall
actually and necessarily incur in the performance of his or her judicial
duties outside the county wherein he or she is provided chambers and
other than in a county having a population in excess of seven hundred
thousand or in a city having a population in excess of one million, and
not to exceed one hundred fifteen dollars per day in a county having a
population in excess of seven hundred thousand or in a city having a
population in excess of one million. For the purpose of such
reimbursement of expenses, the city of New York shall be deemed to be
one county;
(b) when any judge of the county court, the surrogate's court, the
family court, the district court, the civil court of the city of New
York or the criminal court of the city of New York shall be required to
perform judicial duties outside the county of his residence, he or she
shall be reimbursed for his or her actual and necessary transportation
expenses, and such other travel expenses not to exceed seventy-five
dollars per day incurred other than in a county having a population in
excess of seven hundred thousand or in a city having a population in
excess of one million, and not to exceed one hundred fifteen dollars per
day in a county having a population in excess of seven hundred thousand
or in a city having a population in excess of one million. For the
purpose of such reimbursement of expenses, the city of New York shall be
deemed to be one county.
Compensation of deputy chief administrators of the courts and
deputy or assistant administrative judges. (a) A judge who is designated
the deputy chief administrator of the courts for the city of New York,
and a judge who is designated the deputy chief administrator of the
courts outside the city of New York shall each receive an annual salary
equal to the annual salary paid to an associate justice of the appellate
division of the supreme court.
(b) A judge who is designated a deputy or assistant administrative
judge within the city of New York and a judge who is designated an
administrative judge for a judicial district or county outside the city
of New York shall receive, in addition to his or her judicial salary,
the sum of four thousand eight hundred dollars annually as compensation
for his or her services as an administrative judge; except that the
presiding judge of an appellate term shall receive, in addition to all
other compensation, the sum of three thousand dollars annually as
compensation for his or her services as an administrative judge.
Compensation of judges on temporary assignment. Every
state-paid judge or justice of the unified court system who is assigned
from the court to which he or she was elected or appointed to another
court or who is assigned to perform judicial duties at a location
outside the county of his or her residence or, in the case of a judge or
justice residing in the city of New York, outside such city, shall,
during the time of such assignment, receive either the compensation to
which he or she is entitled in the court to which he or she was elected
or appointed, or the compensation received by a judge or justice in the
court or location to which he or she is assigned, whichever is higher.
ARTICLE 7-C Of the Court For the Trial of Impeachments
Its jurisdiction. The court for the trial of impeachments has
power to try impeachments, when presented by the assembly, of all civil
officers of the state, except justices of the peace, justices of
justices' courts, police justices, and their clerks, for willful and
corrupt misconduct in office.
Members of the court. The court is composed of the president of
the senate, the senators, or a majority of them, and the judges of the
court of appeals, or a majority of them, but on the trial of an
impeachment against the governor or lieutenant-governor, the
lieutenant-governor can not act as a member of the court.
Presiding judge. The president of the senate, or in case of his
impeachment, death or absence, the chief judge of the court of appeals,
or in the absence of both, such other member as the court may elect, is
the presiding judge of the court.
Secretary and officers. The secretary and officers of the
senate are the clerk and officers of the court for the trial of
impeachments.
Seal of the court. The seal of the court for the trial of
impeachments now deposited and recorded in the office of the secretary
of state shall continue to be the seal of this court and must be kept in
the custody of the secretary of the senate.
Time of holding the court. Upon the delivery of an impeachment
from the assembly to the senate the president of the senate must cause
the court to be summoned to meet at the capitol in the city of Albany,
on a day not less than thirty nor more than sixty days from the day of
the delivery of the articles of impeachment.
Oath to members of the court. At the time and place appointed,
and before the court proceeds to act upon the impeachment, the clerk
must administer to the presiding judge, and the presiding judge to each
of the members of the court then present, an oath or affirmation truly
and impartially to try and determine the impeachment; and no member of
the court can act or vote upon the impeachment, or any question arising
thereon, without having taken this oath or affirmation.
Adjournments, etc. The court may adjourn from time to time and
hold its sessions at such place as it may determine, but no more than
two sessions of the court can be held during the recess of the
legislature in any one year.
Compensation of members and officers of the court. The writ and
process of the court must be signed by the clerk and attested in the
name of the president of the senate. The president of the senate and
each senator are entitled to receive for their services and expenses
while actually attending the court the same rate of compensation as an
associate judge of the court of appeals is entitled by law to receive
for his services and expenses as such judge for the same time. The other
officers of the court, excepting the judges of the court of appeals, are
entitled to the same compensation for their attendance thereon, and for
traveling to and from the place where it is held, as is allowed them for
attending a meeting of the senate, but no such compensation shall be
received for attending the court during a session of the legislature.
ARTICLE 7-D Internal Control Responsibilities of the Judiciary
Definitions. As used in this article, the following terms shall
have the following meanings:
1. "Internal control". A process that integrates the activities,
plans, attitudes, policies, systems, resources and efforts of the people
of an organization working together, and that is designed to provide
reasonable assurance that the organization will achieve its objectives
and mission. The objectives of an internal control system include, but
are not limited to: the safeguarding of assets; checking the accuracy
and reliability of accounting data and financial reporting; promoting
the effectiveness and efficiency of operations; ensuring compliance with
applicable laws and regulations; and encouraging adherence to prescribed
managerial policies. Internal control review processes are used
periodically to evaluate the ongoing internal control system and to
assess and monitor the implementation of necessary corrective actions.
2. "Internal audit". An appraisal activity established by the
management of an organization for the review of operations as a means of
assuring conformance with management policies and the effectiveness of
internal control, and conducted in conformance with generally accepted
standards for internal auditing.
3. "Judiciary". The courts and court-related programs, including the
office of court administration, of the state-funded portion of the
unified court system and all components thereof as provided in
subdivision two of section two hundred forty-nine-a of this article.
Internal control responsibilities. 1. The chief judge shall:
a. establish and maintain for the judiciary guidelines for a system of
internal control;
b. establish and maintain for the judiciary a system of internal
control and a program of internal control review. The program of
internal review shall be designed to identify internal control
weaknesses and identify actions that are needed to correct these
weaknesses; and
c. designate one or more internal control officers to implement and
review the internal control responsibilities established pursuant to
this section.
2. In order to identify all components of the judiciary and their
responsibilities for the purposes of implementing the provisions of this
article, the chief judge shall issue and, at his or her discretion,
periodically revise a schedule which lists all such components.
Internal audit responsibilities. 1. The chief judge or his or
her designee shall determine, and periodically review his or her
determination of, whether an internal audit function within the
judiciary is required. Establishment of such function shall be based
upon an evaluation of exposure to risk, costs and benefits of
implementation, and any other factors that are determined to be
relevant. In the event it is determined that an internal audit function
is required, the chief judge shall establish an internal audit function
which operates in accordance with generally accepted professional
standards for internal auditing. Any such internal audit function shall
be directed by an internal audit director who shall report directly to
the chief administrative judge. The internal audit function shall
evaluate the judiciary's internal controls, identify internal control
weaknesses that have not been corrected and make recommendations to
correct these weaknesses.
2. In the event the chief judge does not establish an internal audit
function pursuant to subdivision one of this section he or she shall
nevertheless establish and maintain the program of internal control
review required by section two hundred forty-nine-a of this article.
Independent audits. 1. At least once every three years, the
independent certified public accountant selected pursuant to this
section shall conduct audits of the internal controls of the judiciary.
Such audits shall be performed in accordance with generally accepted
government auditing standards and shall include a report on whether the
judiciary's internal controls are established and functioning in a
manner that provides reasonable assurance that they meet the objectives
of internal control as defined in section two hundred forty-nine of this
article. The report shall identify the internal controls both evaluated
and not evaluated and shall identify internal control weaknesses that
have not been corrected and actions that are recommended to correct
these weaknesses. If any such internal control weaknesses are
significant or material with respect to the judiciary, the independent
auditor shall so state. The chief judge shall make available to the
public the results of such audits, including any related management
letters. The chief judge and any officer or employee of the judiciary
shall make available upon request to such independent certified public
accountants all books and records relevant to such independent audits.
2. The chief judge shall request proposals from independent certified
public accountants for audits of the internal controls of the judiciary.
The requests for proposals shall include a reference to the requirements
for audits conducted pursuant to subdivision one of this section. The
chief judge shall select such independent auditor in accordance with a
competitive procedure including an evaluation, based on quality and
price factors, of those proposals received in response to such requests
for proposals.
ARTICLE 8 Clerks
Clerk not to practice in his court. The clerk, deputy clerk,
or special deputy clerk of a court shall not, during his continuance in
office, practice as attorney or counsellor in that court.
Clerks in courts of record within the territory of the first,
second, tenth and eleventh judicial districts not to be appointed
referees, receivers, or commissioners. No person holding the office of
clerk, deputy clerk, special deputy clerk, assistant special deputy
clerk, or assistant in the clerk's office, of a court of record within
the first, second, tenth and eleventh judicial districts or territory
comprising the same, shall hereafter be appointed by any court or judge,
a referee, receiver or commissioner; except that a person holding such
office who is an attorney in good standing admitted to practice in the
state may be appointed as a referee to serve without fee where
authorized by any provision of the civil practice law and rules or any
other law.
Confidential clerks to justices of supreme court not to be
appointed referees, receivers or commissioners. No person holding the
office of confidential clerk or law secretary to a justice of the
supreme court shall hereafter be appointed by any court or judge in any
action or proceeding instituted in the supreme court, a referee,
receiver or commissioner, except that in uncontested matrimonial
actions, a confidential clerk or law secretary who is an attorney in
good standing admitted to practice in the state may be appointed by an
administrative judge to serve without fee as a referee for the purpose
of hearing and reporting to the court.
Clerks not to receive fees except as prescribed by law. Each
clerk of a court must perform all the duties required of him, in the
course and practice of the court, without fee or reward, except as
expressly prescribed by law.
Clerk's fees upon naturalization. The clerk of any court, which
has jurisdiction to naturalize a noncitizen, is entitled, for the
services specified in this section, to the following fees:
For all services, upon the filing of a declaration of intention by a
noncitizen to become a citizen, including the oath or affirmation, the
recording of the same, and a certificate thereof delivered to the
noncitizen, twenty cents.
For all services, upon the admission of the noncitizen to be a
citizen, including the recording of the papers, and a certified copy of
the record, which must be delivered to any person requiring it, fifty
cents.
Reports by clerks to state officers. When a court of competent
jurisdiction shall make a determination as to the parentage of any
person, the clerk of the court shall forthwith transmit to the state
commissioner of health on a form prescribed by him a written
notification of such entry together with such other facts as may assist
in identifying the birth record of the person whose parentage was in
issue. When the person whose parentage has been determined is under the
age of eighteen years, such clerk shall also transmit forthwith to the
state commissioner of the office of children and family services for
recordation in the putative father registry established pursuant to
section three hundred seventy-two-c of the social services law, on a
form prescribed by such commissioner in consultation with the office of
court administration, a notification of the determination including the
name and address of the person whose parentage was determined and the
person who was determined to be the father.
Whenever an order of adoption has been made by a court of competent
jurisdiction the clerk of such court shall forthwith transmit to the
state commissioner of health on a form prescribed by him a written
notification of such order, together with the name given to the adopted
person at its birth and such other facts as may assist in identifying
the birth record of the person adopted and with a copy of the form
required by subdivision seven-a of section one hundred twelve and
subdivision nine of section one hundred fifteen-b of the domestic
relations law and paragraph (e) of subdivision five of section three
hundred eighty-three-c and paragraph (a) of subdivision two of section
three hundred eighty-four of the social services law.
If any determination as to parentage or order of adoption of a person
as aforesaid shall be reversed, set aside, or abrogated by a later
judgment, decree or order of the same or of a higher court, that fact
shall be immediately communicated in writing to the state commissioner
of health, and, in addition, in the case of a determination as to
parentage, to the state commissioner of the office of children and
family services, on a form prescribed by him by the clerk of the court
which entered such judgment, decree, or order.
Whenever it appears to any clerk, aforesaid, that the person whose
parentage was in issue or the person adopted was born in New York city,
the clerk shall transmit the written notification aforesaid to the
department of health of such city, together with a copy of the form
required by subdivision seven-a of section one hundred twelve and
subdivision nine of section one hundred fifteen-b of the domestic
relations law and paragraph (e) of subdivision five of section three
hundred eighty-three-c and paragraph (a) of subdivision two of section
three hundred eighty-four of the social services law, and also transmit
copies of such documents to the state commissioner of health.
Clerk must search files upon request and certify as to result.
A clerk of a court must, upon request, and upon payment of, or offer to
pay, the fees allowed by law, or, if no fees are expressly allowed by
law, fees at the rate allowed to a county clerk for a similar service,
diligently search the files, papers, records, and dockets in his office;
and either make one or more transcripts or certificates of change
therefrom, and certify to the correctness thereof, and to the search, or
certify that a document or paper, of which the custody legally belongs
to him, can not be found.
Power of courts over docket. A court has the same power and
jurisdiction concerning the docket of its judgment kept by the county
clerk of the county in which it was rendered that it has concerning the
docket kept by its own clerk; the judgment may be docketed and changes
effected in the docket in the county clerk's office of any other county
only upon the filing of a transcript or certificate of change issued by
the county clerk of the county in which the judgment was rendered.
Dockets of clerks to be public. A docket-book, kept by a
clerk of a court, must be kept open, during the business hours fixed by
law, for search and examination by any person.
Uniform transcript and certificate act. 1. Every transcript
of a judgment hereafter given by any clerk, judge or justice of a court
of record or of a court not of record, or by any county clerk, shall be
on paper eleven inches in width by eight-and-a-half inches in length. It
shall be substantially in the following form:
TRANSCRIPT OF JUDGMENT
JUDGMENT DEBTOR
Trade Last
Surname Given Name or Profession Known Address
________________________________________________________________________
AMOUNT OF JUDGMENT
JUDGMENT CREDITOR JUDGMENT RENDERED
Name Address Damages Court
County
Date
Hr. & Min.
Costs JUDGMENT
DOCKETED
Total Date
Hr. & Min.
________________________________________________________________________
REMARKS: DATE AND MANNER
ATTORNEY FOR JUDGMENT OF CHANGE OF STATUS OF
CREDITOR JUDGMENT
Name Address
EXECUTION SATISFIED
When Returned How and to
When Issued Unsatisfied When What Extent
________________________________________________________________________
This form is to be immediately followed by the following certification
with the appropriate words being chosen among those which appear in
brackets, except that in the event the person certifying the transcript
keeps no seal, the words "and affixed my official seal" shall be
omitted:
STATE OF NEW YORK
COUNTY OF........
(seal)
I,.................(Clerk, Judge or Justice) of the (County of.......;
or......Court, County of........), hereby certify that the above is a
correct transcript from the docket of judgments in my office.
IN TESTIMONY WHEREOF, I have hereunto set my name and affixed my
official seal this......day of.............19........
(Clerk, Judge or Justice).
Any change in the status of the judgment since the time of its
original entry on the docket of the person certifying the transcript
shall be indicated in the space provided for "REMARKS; DATE AND MANNER
OF CHANGE OF STATUS OF JUDGMENT" the same to include any assignment,
reversal, modification, discharge, and any other such disposition
affecting the judgment; satisfactions and reductions, to whatever extent
and in whatever fashion the same are affected, shall be indicated in the
space entitled "SATISFIED--WHEN, HOW AND TO WHAT EXTENT."
2. Every certificate attesting to any execution on, or reduction or
full or partial satisfaction of, a judgment, or to any change in the
status of a judgment, hereafter given by any clerk, judge or justice of
a court of record or of a court not of record, or by any county clerk,
shall be of the same size and form as for a transcript of judgment as
described and illustrated under subdivision one of the section, except
that the words "Certificate of Disposition of Judgment" shall replace
the words "Transcript of Judgment" wherever the same may appear on
either side thereof, and excepting further that between the two
sentences constituting the certification there shall be an additional
sentence, to read: "And I further certify that the above judgment has
......... " The space provided shall be of sufficient length to contain
all data relevant to the matter for which the certificate is issued.
3. In the event that the space provided for any information which must
be contained in any such transcript or certificate be insufficient, the
same may be set forth on a separate paper or papers of the same size, to
be attached to said transcript or certificate by a staple or other
equally permanent means, and in that space on the original transcript or
certificate which proved insufficient to contain the necessary matter
there shall appear a reference to the attached paper or papers,
adequately identifying the same. Each such added paper shall be
subscribed at the very end of the matter contained thereon by the same
person who certifies the transcript or certificate to which said paper
or papers shall be attached.
Duties of clerk of court of appeals. 1. The clerk of the court
of appeals must keep his office at the city of Albany.
2. Before entering upon the duties of his office, he must subscribe,
and file the constitutional oath of office.
3. He must, within ten days after the first day of January, and after
the first day of July, in each year, render to the comptroller an
accurate account, under oath, of all fees received by him for his
official services, since the last account was rendered; and must pay the
same into the treasury of the state.
4. The judges of the court of appeals or a majority of them shall have
the power to make, from time to time, rules fixing and regulating the
fees of the clerk of the court of appeals and all his duties in relation
to such fees.
Power of clerk of court of appeals as to assistants and deputy.
1. The clerk of the court of appeals, by a writing, under his hand and
the seal of the court, filed in his office, from time to time must
appoint, and may at pleasure remove, a deputy-clerk.
2. He may with the approbation in writing, of the judges of the court,
or a majority of them, employ as many assistants in his office, as are
necessary. He may from time to time appoint, and at pleasure remove, his
assistants. Each assistant is entitled to a compensation, fixed and to
be paid as prescribed by law.
3. He may appoint one of his assistants as special deputy clerk.
Powers and duties of deputy clerks of court of appeals. 1.
Before entering upon his duties, the deputy clerk of the court of
appeals must subscribe, and file in the clerk's office, the
constitutional oath of office.
2. While the clerk is absent from his office, or from the sitting of
the court, or the office of clerk is vacant, the deputy clerk has all
the powers and is subject to all the duties of the clerk.
3. The special deputy clerk possesses, in the absence of the clerk,
and the deputy clerk, the same power and authority as the clerk, at any
sitting of the court which he attends, with respect to the business
transacted thereat.
Duties of clerk to judge of court of appeals. The clerk
appointed by each judge of the court of appeals shall perform such
services as the judge appointing him may require.
Salary of clerk of court of appeals. The clerk of the court of
appeals shall receive a salary of ten thousand dollars per annum.
Salary of deputy clerk of court of appeals. The deputy clerk
of the court of appeals shall receive a salary of five thousand two
hundred dollars per annum.
Compensation of clerks to judges of court of appeals. The
clerk appointed by each judge of the court of appeals shall be entitled
to a compensation to be fixed by such judge, not exceeding four thousand
dollars a year. The compensation herein provided shall be paid monthly
by the department of taxation and finance upon the certificate of the
judge.
Salary of law clerk of court of appeals. The law clerk of the
court of appeals shall receive a salary of not to exceed five thousand
dollars a year.
Duties of clerk of appellate division in each department. 1.
The clerk of the appellate division in each department shall keep his
office at a place to be designated by the justices appointing him.
2. A term of the appellate division of the supreme court must be
attended by the clerk of the appellate division of the supreme court,
appointed for the department in which the term is held, who must act
under the direction of the court or of the presiding justice.
3. The clerk of the appellate division in any department, with whom is
filed a copy of the rules made by the justices of his department for
fixing the times and places for holding special and trial terms, and for
assigning justices to hold special and trial terms, must immediately
transmit a copy thereof, certified by him, to each of the justices of
the supreme court in such department not designated as justices of an
appellate division.
4. The clerk of each department of the appellate division, upon the
payment of the fees allowed by law, must deliver to the person admitted
to practice as an attorney and counsellor a certificate under his hand
and official seal, stating that such person has been so admitted, that
he has taken and subscribed the constitutional oath of office as
prescribed in section four hundred sixty-six of this chapter and that he
has registered with the administrative office of the courts as required
by section four hundred sixty-eight-a of this chapter.
Fees of clerk of appellate division; in each judicial
department; justices thereof to make rules. Notwithstanding any other
provision of law:
(a) The clerk of the appellate division of the supreme court in each
judicial department, for his official services shall be entitled to
receive for and on behalf of the state such reasonable fees as may be
prescribed by rules as hereinafter provided. He shall account to the
state comptroller for the moneys from such fees and shall pay into the
state treasury all such moneys.
(b) The justices of each appellate division or a majority of them
shall have the power to make, from time to time, rules fixing and
regulating the fees of the clerk of such appellate division, his
undertaking, and all his duties in relation to such fees.
Deputy clerk or attendant of appellate division in third
department to act as librarian. The deputy clerk of the appellate
division of the supreme court in the third judicial department or any
attendant of said court shall also act under direction of said court as
librarian and have charge of the library in use by said court.
Consultation clerks of appellate division in third and fourth
departments. The consultation clerks appointed by the justices of the
appellate division in each of the third and fourth departments, shall
act under the direction of said justices and shall attend the sittings
of said court and render such clerical and stenographic services thereat
and during the official consultations as the justices of said department
may require, and shall, under the direction of said justices, make up
and prepare for filing in the office of the clerk the official list of
decisions to be rendered by said court.
Certificates of appointment of clerks of the appellate division
in third and fourth departments. A certificate of the appointment of
each of the clerks specified in this section shall be filed with the
comptroller of the state:
1. A certificate of the appointment of each of the clerks of the
appellate division in the third and fourth departments, signed by the
presiding justice of the judicial department for which said clerk is
appointed.
2. A certificate of the appointment of the deputy clerks in the third
and fourth departments and the consultation clerk in the fourth
department, signed by the justices of said respective departments.
Compensation of clerks and deputy clerks of appellate division.
2. The salary of the clerk of the appellate division in the second
judicial department shall be fixed by the justices of the said appellate
division or a majority of them, to be paid quarterly by the department
of taxation and finance out of the public treasury of the state.
3. The clerks of the appellate division in each of the third and
fourth departments shall be paid an annual salary to be fixed by the
justices of said departments at not exceeding eight thousand five
hundred dollars to be paid by the department of taxation and finance to
such appointees monthly.
4. The salary of the deputy clerk of the appellate division of the
third department shall be not to exceed six thousand two hundred fifty
dollars per year and shall be certified by the presiding justice of such
appellate division to the state comptroller who shall audit the same.
The state department of taxation and finance shall pay such salary
monthly, and shall apportion the amount thereof among the counties
comprising the third judicial department. Such counties shall reimburse
the state for such salary. The time and method of such apportionment and
the time and method of such reimbursement shall be as specified in
section seventy-four of this chapter.
5. The clerk of the appellate division of each of the third and fourth
departments, in addition to the salary herein provided shall be entitled
to receive his necessary disbursements for postage, telephone, telegraph
and express charges, to be certified by the presiding justice of said
department, and to be paid in the same manner as his salary.
6. The compensation herein provided for the clerk and the deputy clerk
of the appellate division of the third and fourth departments, shall be
in lieu of all fees and charges, and neither said clerk nor deputy clerk
shall hereafter be permitted to charge or receive any fee whatever in
addition to his salary, for any official service rendered by him.
7. The compensation of the consultation clerk to the justices of the
appellate division of the third department shall be fixed by said
justices at not to exceed fifty-five hundred dollars per year, to be
paid in the same manner as the salary of the deputy clerk of said
department.
8. The salary of the deputy clerk of the appellate division of the
fourth department and of the consultation clerk to the justices of the
appellate division of the fourth department shall be fixed by said
justices at not to exceed six thousand two hundred fifty dollars per
year for the deputy clerk and at not to exceed five thousand five
hundred dollars per year for the consultation clerk. Such salaries
shall be certified by the presiding justice of such appellate division
to the state comptroller who shall audit the same. The state department
of taxation and finance shall pay such salaries monthly, and shall
apportion the total amount thereof among the counties comprising the
fourth judicial department. Such counties shall reimburse the state for
such salaries. The time and method of such apportionment and the time
and method of such reimbursement shall be as specified in section
seventy-four of this chapter.
Salary of clerks to justices of appellate division of first and
second departments. 1. Each of the clerks appointed pursuant to section
ninety-six of this chapter by the justices of the appellate division of
the first and second departments shall receive as salary a sum to be
fixed by the justices of each appellate division.
2. Except as provided in the state finance law, each of the presiding
justices of the appellate divisions of the first and second departments
shall certify such salaries to the state comptroller who shall audit the
same. The state department of taxation and finance shall pay such
salaries in equal biweekly installments, and shall apportion the total
amount of each department among the counties comprising each judicial
department. Such counties shall reimburse the state therefor. The time
and method of such apportionment and the time and method of such
reimbursement shall be as specified in section seventy-four of this
chapter.
Special deputy appointed by justices of the appellate division
in first department. 1. In the county of New York, the special deputy
clerk assigned by the justices of the appellate division of the first
department to part one of the special term of the supreme court shall be
known as the calendar clerk of special term part one; the special deputy
clerk assigned to part two of the special term shall be known as the ex
parte clerk; the special deputy clerk assigned to part three of the
special term shall be known as special term calendar clerk for trials;
the special deputy clerk assigned to part two of the trial term shall be
known as the trial term calendar clerk. In the county of Bronx, the
special deputy clerk assigned to part one of the trial term shall be
known as the trial term calendar clerk; the special deputy clerk
assigned to part one of the special term shall be known as the special
term calendar clerk. The justices of the appellate division in the first
department shall at pleasure revoke any of such designations or
assignments and make new designations or change the assignments of any
of the special deputy clerks and any of the assistants to special deputy
clerks appointed pursuant to section one hundred and two, as they may
deem necessary.
2. It shall be the duty of each of the said special deputy clerks and
the assistants to attend each session of the part or term of the supreme
court to which he is assigned and keep the minutes thereof and to
perform such other duties therein as shall be prescribed by the rules
made by the justices of the appellate division in said department; such
special deputy clerks and assistants to be subject to the supervision of
the county clerk of the county wherein such special and trial terms are
appointed to be held.
3. The special deputy clerk designated as supreme court jury clerk in
addition to the duties now imposed upon him, shall keep a record of all
the jurors summoned and of the attendance and service of the jurors
empaneled in the various trial terms of the supreme court in said
district, and of all fines imposed upon such jurors and perform such
other duties relating to such jurors or their service, attendance, and
the fines imposed upon them as may be prescribed by the rules made by
the said appellate division in said department.
Clerks of supreme court not required to attend special term in
certain cases. Where a special term of the supreme court is adjourned
to the chambers of a justice of the court, pursuant to section one
hundred and forty-seven of this chapter, the attendance of the clerk is
not required, unless the justice directs him to attend.
Appointment of administrative clerk in fifth judicial
district. 1. The justices of the supreme court for the fifth judicial
district, or a majority of them, may designate and at pleasure remove
one of the clerks of the court as an administrative clerk. He shall have
charge of all the calendars of the supreme court in and for such
district and shall have such additional powers and perform such
additional duties as are provided by the rules or regulations adopted
from time to time in accordance with statute, or as may be assigned by
the justices.
2. The actual and necessary expenses of such clerk incurred by him in
the performance of his official duties shall be paid upon proper proof
thereof, and upon the approval of a justice of the supreme court in the
fifth judicial district designated for such purpose by a majority of the
other justices therein in a written instrument filed with the state
comptroller. The state comptroller shall audit the expenses of such
administrative clerk and the department of taxation and finance shall
pay the same when certified to the state comptroller in the manner
herein prescribed.
3. The administrative clerk hereby authorized shall annually receive
as compensation for services rendered in connection with the duties
hereby imposed, not to exceed two thousand dollars in addition to the
salary or compensation paid him by the county by which he is employed.
The additional compensation provided for by this subdivision shall be
determined and paid in the same manner as expenses under this section.
4. The total amount of the additional compensation and expenses of
such clerk as herein authorized shall be apportioned by the department
of taxation and finance among the counties of the fifth judicial
district, which shall reimburse the state therefor, and the time and
method of apportionment and reimbursement shall be as specified in
section seventy-four of this chapter.
Duty of confidential clerks to justices of supreme court in
second, ninth and tenth districts. It shall be the duty of the
confidential clerks appointed by justices of the supreme court for the
second, ninth and tenth judicial districts to attend the sittings of the
said court at all special terms and trial terms presided over by the
justice by whom he is appointed, and to perform such other duties as
shall be assigned to him by said justice.
Salary of clerks to justices of supreme court. 1. Each of the
clerks appointed by the justices of the supreme court in the first
judicial district, pursuant to subdivision one of section one hundred
and fifty-seven of this chapter, shall receive as salary a sum to be
fixed by the justices thereof, or a majority of them, not designated as
justices of the appellate division.
2. Each of the confidential clerks to the justices of the supreme
court in the second judicial district, other than justices of the
appellate division, shall receive an annual salary, the amount of which
shall be fixed by a majority of said justices. The money required to pay
such salaries shall be raised and paid in the same manner as the money
required to pay salaries of attendants and officers of the supreme court
in said district.
2-a. Each of the confidential clerks appointed by the justices of the
supreme court in the eleventh judicial district shall receive as a
salary a sum to be fixed by the justices thereof, or a majority of them,
not designated as justices of the appellate division. The money required
to pay such salaries shall be raised and paid in the same manner
required to pay salaries of attendants and officers of the supreme court
in said districts.
3. Each of the confidential clerks to the justices of the supreme
court in the tenth judicial district, other than justices of the
appellate division residing in the tenth judicial district, shall
receive an annual salary to be fixed by the justices of the supreme
court residing in the tenth judicial district other than justices of the
appellate division, or a majority of them. Such salaries shall be
audited by the state comptroller and paid by the state department of
taxation and finance in equal monthly payments when certified to such
comptroller by the justice who made the appointment or in case of his
death or disability by any other justice of the tenth judicial district.
The total amount of such salaries shall be apportioned by such
department among the counties of Nassau and Suffolk. Such counties shall
reimburse the state therefor. The time and method of such apportionment
and the time and method of such reimbursement shall be as specified in
section seventy-four of this chapter.
4. Each of the confidential clerks to the justices of the supreme
court in the fifth judicial district appointed pursuant to subdivision
four of section one hundred fifty-seven of this chapter, shall receive
an annual salary of three thousand dollars; provided, however, that in
case of the appointment by such a justice of both a confidential clerk
and confidential deputy clerk, such confidential clerk and such deputy
clerk shall each receive an annual salary to be fixed by the justice
appointing him, or them, not to exceed in the aggregate for both such
confidential clerk and deputy clerk the sum of three thousand dollars.
Each of such salaries shall be audited by the state comptroller and paid
by the state department of taxation and finance, in equal monthly
payments when certified to such comptroller by the justice who made the
appointment or, in case of his death or disability, by any other justice
of the fifth judicial district. An appropriation in any year for salary
of such a confidential clerk, to any such justice, shall be available
for payment of the salaries of both the confidential clerk and
confidential deputy clerk to the same justice, if such be appointed. The
total amount of such salaries shall be apportioned by such department
among the counties comprising the fifth judicial district. Such counties
shall reimburse the state therefor. The time and method of such
apportionment and the time and method of such reimbursement shall be as
specified in section seventy-four of this chapter.
5. Each of the clerks to the justices of the supreme court in the
sixth judicial district shall receive an annual salary to be fixed by
the justice appointing him, of not to exceed three thousand dollars.
Each of such salaries shall be audited by the state comptroller and paid
by the state department of taxation and finance in equal quarterly
payments when certified to such comptroller by the justice who made the
appointment or, in case of his death or disability, by any other justice
of the sixth judicial district. The total amount of such salaries shall
be apportioned by such department among the counties comprising the
sixth judicial district. Such counties shall reimburse the state
therefor. The time and method of such apportionment and the time and
method of such reimbursement shall be as specified in section
seventy-four of this chapter.
6. Each of the clerks to the justices of the supreme court in the
seventh judicial district shall receive an annual salary, to be fixed by
the justice appointing him, of not to exceed twenty-five hundred
dollars, provided, however, that in case of the appointment by such
justice of both a confidential clerk and one or two confidential deputy
clerk or clerks, such confidential clerk and such confidential deputy
clerk or clerks shall each receive an annual salary to be fixed by the
justice making the appointment, not to exceed in the aggregate for both
such confidential clerk and confidential deputy clerk or clerks the sum
of twenty-five hundred dollars. Each of such salaries shall be audited
by the state comptroller and paid by the state department of taxation
and finance in equal monthly payments when certified to such comptroller
by the justice who made the appointment or, in case of his death or
disability, by any other justice of the seventh judicial district. The
total amount of such salaries shall be apportioned by such department
among the counties comprising the seventh judicial district. Such
counties shall reimburse the state therefor. The time and method of such
apportionment and the time and method of such reimbursement shall be as
specified in section seventy-four of this chapter.
7. Each of the clerks to the justices of the supreme court in the
eighth judicial district, shall receive an annual salary, to be fixed by
the justice appointing him, of not to exceed six thousand dollars. Each
of such salaries shall be audited by the state comptroller and paid by
the state department of taxation and finance in equal monthly payments
when certified to such comptroller by the justice who made the
appointment or, in case of his death or disability, by any other justice
of the eighth judicial district. The total amount of such salaries shall
be apportioned by such department among the counties comprising the
eighth judicial district. Such counties shall reimburse the state
therefor. The time and method of such apportionment and the time and
method of such reimbursement shall be as specified in section
seventy-four of this chapter.
8. Each confidential clerk employed by a justice of the supreme court
in and for the ninth judicial district, pursuant to the provisions of
subdivision eight of section one hundred fifty-seven of this chapter,
shall receive an annual salary not to exceed the sum of eight thousand
five hundred ninety dollars, together with the actual and necessary
expenses incurred by him in the performance of his official duties, to
be paid upon proper proof thereof, and upon the approval of the justice
of the supreme court in whose behalf the official duties are rendered.
The state comptroller shall audit the salary and expenses of each
confidential clerk and the state department of taxation and finance
shall pay to each confidential clerk his salary, in equal monthly
payments, and also his expenses when certified to the state comptroller
by the justice who made the appointment, or if he has died or is
disabled, by any other justice of the ninth judicial district. The total
amount of all salaries and expenses of all confidential clerks of the
ninth judicial district shall be apportioned by the department of
taxation and finance among the counties of Westchester, Rockland,
Orange, Dutchess and Putnam which shall reimburse the state therefor,
and the time and method of apportionment and reimbursement shall be
those specified in section seventy-four of this chapter.
9. Each of the confidential law clerks to the justices of the supreme
court in the third judicial district shall receive an annual salary to
be fixed by the justice appointing him, of not to exceed five thousand
dollars. Each of such salaries shall be audited by the state comptroller
and paid by the state department of taxation and finance in equal
monthly payments when certified to such comptroller by the justice who
made the appointment or, in case of his death or disability, by any
other justice of the third judicial district. The total amount of such
salaries shall be apportioned by such department among the counties
comprising the third judicial district. Such counties shall reimburse
the state therefor. The time and method of such apportionment and the
time and method of such reimbursement shall be as specified in section
seventy-four of this chapter.
10. Each of the confidential law clerks to the justices of the supreme
court in the fourth judicial district shall receive an annual salary to
be fixed by the justice appointing him, of not to exceed five thousand
dollars. Each of such salaries shall be audited by the state comptroller
and paid by the state department of taxation and finance in equal
monthly payments when certified to such comptroller by the justice who
made the appointment or, in case of his death or disability, by any
other justice of the fourth judicial district. The total amount of such
salaries shall be apportioned by such department among the counties
comprising the fourth judicial district. Such counties shall reimburse
the state therefor. The time and method of such apportionment and the
time and method of such reimbursement shall be as specified in section
seventy-four of this chapter.
Duty of special deputy clerks for the supreme court in Queens
county. It shall be the duty of each of the special deputy clerks
appointed by the supreme court justices residing in Queens county
pursuant to section one hundred and fifty-six of this chapter, to attend
each session of the part or term of the supreme court to which he is
assigned and keep the minutes thereof and to perform such other duties
as shall be prescribed by the rules made by such justices; each such
special deputy clerk shall be subject to the supervision of the county
clerk, and shall possess the same power and authority as the county
clerk at any sitting or term of the court which he attends, with respect
to the business transacted thereat.
Salary of special deputy clerks for the supreme court in Queens
county. The salary of the special deputy clerks mentioned in section
two hundred and seventy-four shall be fixed by the justices of the
supreme court residing in the county, or a majority of them, and when so
fixed shall be paid from the court funds of said county.
Salary of confidential clerks to county judges of Kings,
Queens, Erie, Nassau, Onondaga, Rockland, Dutchess and Saint Lawrence
counties and to special county judge of Erie county. Each of the
confidential clerks appointed pursuant to section one hundred
ninety-seven of this chapter by the county judges of Kings and Queens
counties shall receive for their services the same aggregate annual
salary paid to the clerks to judges of the court of general sessions of
the county of New York, so as to maintain a continuing equalization of
the gross salary and compensation paid to such clerk. Such salary or
compensation shall be paid by the comptroller of the city of New York,
in equal monthly installments. The confidential clerk appointed pursuant
to said section by the county judge of Erie county and the confidential
clerk appointed pursuant to said section by the special county judge of
Erie county shall receive such salary as shall be fixed from time to
time by the board of supervisors of said county, to be paid by the
treasurer of the county of Erie in equal monthly installments. The
confidential clerk appointed pursuant to said section by the county
judges of Nassau county, Onondaga county, Rockland county and Dutchess
county shall receive such salary as shall be fixed from time to time by
the respective boards of supervisors of said counties, to be paid by the
treasurers of said counties in equal monthly installments. The
confidential clerk appointed pursuant to said section by the county
judge of Saint Lawrence county shall receive a salary of three hundred
dollars per annum, to be paid by the treasurer of the county of Saint
Lawrence, in equal monthly installments.
Business hours in offices of clerks of courts of record in New
York city. 1. The offices of clerks of courts of record in the counties
of New York, Kings, Queens, Richmond and Bronx shall remain open for the
transaction of business from nine o'clock in the forenoon to four
o'clock in the afternoon everyday except Saturdays, Sundays and holidays
and except in the months of July and August when said offices shall
remain open for the transaction of business from nine o'clock in the
forenoon to two o'clock in the afternoon except Saturdays, Sundays and
holidays.
2. Whenever the last day on which any paper shall be filed or act done
or performed in any such office expires on Saturday, Sunday, public
holiday or a day when such office is closed for the transaction of
business, the time therefor is hereby extended to and including the next
business day such office is open for the transaction of business.
Extension of time for filing papers with clerks of court.
Whenever the last day on which any paper is required to be filed with a
clerk of a court outside the city of New York expires on a Saturday,
Sunday, a public holiday or a day when the office of such clerk is
closed for the transaction of business, the time therefor is hereby
extended to and including the next business day such office is open for
the transaction of business.
Each such typist or stenographer to an official referee
appointed pursuant to section one hundred twenty-six of this chapter
shall receive an annual salary to be fixed by the official referee
appointing him, not to exceed thirty-six hundred dollars. The manner and
time of payment of such salary shall be the same as that provided for
clerks to justices of the supreme court in each district as set forth in
section two hundred seventy-three of this chapter.
ARTICLE 9 Stenographers
Stenographers are officers of court. Each stenographer,
specified in this chapter or the civil practice act, surrogate's court
act, court of claims act or New York city civil court act is an officer
of the court or courts, for or by which he is appointed. From and after
the first day of September, nineteen hundred and sixty-two,
stenographers serving as such in the first judicial district who were
transferred thereto on that date from the court of general sessions of
the county of New York shall be deemed to be stenographers specified in
this chapter and subject to the provisions of this article nine.
Qualifications of stenographers. A person shall not be
appointed to the office of stenographer, unless he is skilled in the
stenographic art.
Original stenographic notes part of proceedings in cause. The
original stenographic notes, taken by a stenographer, are part of the
proceedings in the cause.
Stenographers must not be interested in certain printing
contracts. No stenographer of any court in this state shall be, or
become, interested, directly or indirectly, as contracting party,
partner, stockholder or otherwise, in, or in the performance of, any
contract, work or business relating to the preparation or printing of
any case, or any case and exceptions, or any case containing exceptions
on appeal, or any bill of exceptions, or papers on appeal from
non-enumerated motions, or briefs or points of counsel in any case in
any court of this state. If any such stenographer shall be, or become,
so interested in any such work of preparation or printing, unless the
same shall be devolved upon him by law, he shall forfeit his office.
Stenographers of courts must file oath of office. Each
stenographer specified in this chapter or the civil practice act,
surrogate's court act, court of claims act or New York city civil court
act, before entering upon the discharge of his duties, must subscribe
the constitutional oath of office, and file the same in the office of
the clerk of the court, or, in the supreme court, in the office of the
clerk of the county where the term sits, or the judge resides, by which
or by whom he is appointed.
Complete stenographic notes to be taken. Each stenographer
specified in this chapter or the civil practice act, surrogate's court
act, court of claims act or New York city civil court act must take full
stenographic notes of the testimony and of all other proceedings in each
cause tried or heard. Such stenographer shall take complete stenographic
notes of each ruling or decision of the presiding judge, and when the
trial is by jury each and every remark or comment of such judge during
the trial, when requested so to do by either party, together with each
and every exception taken to any such ruling, decision, remark or
comment by or on behalf of any party to the action.
Stenographer must file notes with clerk when so directed by
court. Where the court, or a judge thereof, has made an order, pursuant
to section thirteen of this chapter, directing the stenographer to file
with the clerk, forthwith or within a specified time, the original
stenographic notes taken upon a trial or hearing, the stenographer must
file the same accordingly.
Preservation of original notes for two years when not filed
with clerk. Unless the original stenographic notes taken upon a trial or
hearing, are filed, pursuant to an order, made as prescribed in section
thirteen of this chapter, they must be carefully preserved by the
stenographer, for two years after the trial or hearing; or for such
greater period of time and in such manner as may be provided by the
chief administrator of the courts.
Stenographer must preserve records of his predecessor. If the
stenographer dies, or his office becomes otherwise vacant, before the
expiration of the time specified in section two hundred and
ninety-eight, the original stenographic notes taken upon trials and
hearings must be delivered to his successor in office, to be held by him
with like effect, as if they had been taken by him.
Stenographers must furnish gratuitously copies of proceedings
to judges. Each stenographer, specified in this chapter or the civil
practice act, surrogate's court act, court of claims act or New York
city civil court act, must, upon request, furnish, with all reasonable
diligence and without charge, to the judge holding a term or sitting,
which he has attended, a copy written out at length from his
stenographic notes, of the testimony and proceedings, or a part thereof,
upon a trial or hearing, at that term or sitting. But this section does
not affect a provision of law authorizing the judge to direct a party or
the parties to an action or special proceeding, or the county treasurer,
to pay the stenographer's fees for such a copy.
Stenographer must furnish certified transcript of proceedings
to parties on payment of fees. The stenographer shall, upon the payment
of his fees allowed by law therefor, furnish a certified transcript of
the whole or any part of his minutes, in any case reported by him, to
any party to the action requiring the same.
Duty of stenographers with reference to writing out proceedings
in full. The original stenographic notes must be written out at length
by the stenographer, if a judge of the court so directs, or if the
stenographer is required so to do, by a person entitled by law to a copy
of the same, so written out. Unless such a direction is given, or such a
requisition is made, the stenographer is not bound so to write them out.
Stenographers must furnish copies of proceedings. 1. Every
stenographer in a court of record must, upon request, furnish, with all
reasonable diligence, to the defendant in a criminal case, or a party,
or his attorney in a civil cause, a copy, written out at length from his
stenographic notes, of the testimony and proceedings, or a part thereof,
upon the trial or hearing, upon payment, by the person requiring the
same, of the fees allowed by law.
2. Except as provided in subdivision three of this section, in any
civil or criminal case, if the district attorney, the attorney general
or the judge presiding at the trial, or any appellate court or judge
thereof, requires such a copy, the stenographer is entitled to his fees
therefor; but he must furnish it, upon receiving a certificate of the
sum to which he is entitled. The amount thereof must be paid by the
treasurer of the county or city, as the case may be, where the trial or
hearing is held, upon the certificate of the district attorney, attorney
general, the judge presiding at the trial or hearing, or the appellate
court or judge thereof, from the court fund, or the fund from which
jurors are paid, or from any other available fund.
3. In any civil case when a transcript may be necessary, if the
attorney general requires such a copy, the cost of such copy shall be
paid out of funds appropriated to the department of law for that
purpose.
Provisions relating to stenographers applicable to assistant
stenographers. The provisions of the preceding sections of this article
and section thirteen of this chapter are also applicable to each
assistant-stenographer, now in office, or appointed or employed,
pursuant to any provision of this chapter or the civil practice act,
surrogate's court act or court of claims act; except that the
stenographic notes, taken by an assistant-stenographer, must, if he dies
or his office becomes otherwise vacant, be delivered to the
stenographer, to be held by him with like effect, as if they had been
taken by him.
Assignment of stenographers. Stenographers of the county
court or surrogate's court may serve in either of said courts with the
consent and under the direction of the respective judges thereof.
Apportionment of stenographer's salary and duplication of
stenographic minutes. When, by provision of law, a justice of the
supreme court of this state, by his order, in writing, duly entered in a
county clerk's office in the judicial district of said justice,
apportions the stenographer's salary among the several counties of said
judicial district, or requires the duplication of any stenographic notes
taken in said judicial district, no notice of the application for said
order shall be adjudged necessary upon any board of supervisors in said
judicial district, and the liability for compensation for such services
shall be deemed fixed upon the performance of the work.
Duty of stenographers appointed by justices of appellate
division in first department for the supreme court. Each stenographer
appointed by the justices of the appellate division of the first
department for each part or term of the supreme court pursuant to
section one hundred and four of this chapter must attend the sittings of
the term or part to which he is assigned or the sitting of such other
term or part of said court as directed by the presiding justice of the
appellate division.
Compensation of stenographers and confidential clerks appointed
by justices of the appellate division. 1. The stenographers appointed by
the justices of the appellate division of the first department for each
part or term of the supreme court pursuant to section one hundred and
four of this chapter shall receive an annual salary to be fixed by such
justices of the appellate division, or a majority of them, and the board
of estimate of the city of New York shall provide for raising and paying
the same.
2. The compensation of each stenographer or confidential clerk
appointed by the justices of the appellate division of the third and
fourth departments shall not exceed three thousand seven hundred and
fifty dollars a year; provided, however, that in case of the appointment
by such a justice of both a confidential clerk and a stenographer the
apportionment of the respective salaries for such positions shall be
directed by such justice within the amount appropriated for both
positions; such compensation to be paid by the department of taxation
and finance upon the certificate of the justice by whom such person or
persons are employed.
Salary of typist in first department of appellate division. The
salary or compensation to be paid to each of the typists appointed
pursuant to section one hundred five of this chapter by the justices of
the appellate division of the supreme court in the first judicial
department shall be fixed by said justices of the appellate division, or
a majority of them, in their discretion, to be paid by the city of New
York, and the board of estimate shall provide for raising and paying the
same.
Stenographers appointed by justices of supreme court to attend
terms. 1. The stenographers appointed pursuant to section one hundred
and fifty-nine of this chapter, by the justices of the supreme court,
residing in the county of Kings, shall severally attend, as directed by
the respective justices appointing them, the terms of the appellate
division and trial and special terms of the supreme court, in the county
of Kings.
2. Each of the stenographers, appointed pursuant to said section one
hundred and fifty-nine, by the justices of the supreme court, for the
second judicial district, who do not reside in the county of Kings, must
attend as directed by the justice appointing him the trial and special
terms of the supreme court, held in the counties of Suffolk, Queens,
Nassau and Richmond, or either of them, and, when not thus officially
engaged, the stated terms of the county court, in each of those
counties.
3. Each of the stenographers appointed pursuant to said section one
hundred and fifty-nine by the justices of the supreme court, for the
ninth judicial district must attend, as directed by the justice
appointing him, the trial and special terms of the supreme court held in
the counties of Westchester, Putnam, Dutchess, Orange and Rockland, or
either of them, and when not thus officially engaged, the stated terms
of the county court in each of those counties.
4. Each of the stenographers appointed pursuant to said section one
hundred and fifty-nine, by the justices of the supreme court for each
judicial district except the first, second and ninth shall attend such
special and trial terms of the supreme court in his judicial district as
he shall be assigned to attend by the justices of the supreme court, or
a majority of them, for such district.
Duty of stenographers in eighth judicial district. The
stenographers of the supreme court in the eighth judicial district
appointed pursuant to section one hundred and fifty-nine of this chapter
shall report and transcribe opinions for the justices of the supreme
court, when required, without additional compensation, and shall, within
twenty days after notice by an attorney or party that he intends to
appeal, make a case and exceptions or bill of exceptions in a criminal
or civil action, or that briefs are to be made or arguments prepared in
an action tried before the court without a jury, file with the clerk of
the county in which the venue of such action is laid a transcript of the
minutes taken by him on such trial together with such notice attached
thereto. The stenographer shall be entitled to the amount provided by
the civil practice law and rules as the same is now or may hereafter be
amended, for each folio of transcript so filed, and such amount shall be
paid by the treasurer of the county wherein the venue of such action is
laid, upon the order of the justice presiding at such trial.
The attorney giving such notice and the party shall be jointly and
severally liable for the amount so paid by the county treasurer for such
transcript, unless within six months after the filing of such transcript
such attorney or party shall file with the clerk of the county in which
the venue of such action is laid proof by affidavit that an appeal has
been taken in good faith with the intent to prosecute the same, a case
and exceptions or bill of exceptions in a civil or criminal action has
been made and filed or briefs or arguments have been prepared and made
in an action tried before the court without a jury. If such affidavit is
not filed as aforesaid, the party or his attorney giving such notice
shall pay to the county treasurer on demand, the amount paid by the said
treasurer to the stenographer for such transcript and the treasurer may
recover said amount in his name of office, in an action in any court of
competent jurisdiction against said attorney and party. The provisions
of this section, relating to stenographers making and filing transcripts
of minutes and the payment therefor by the county treasurer, shall not
apply to transcripts of minutes taken by stenographers in civil actions
or proceedings tried or heard in Genesee and Erie counties. The fee for
making and filing such transcripts in Genesee and Erie counties shall be
paid by the attorney or party who shall request such making and filing.
Duties of stenographers to justices of supreme court in third
and fourth judicial districts. The stenographer to each of the justices
of the supreme court in the third and fourth judicial districts,
appointed pursuant to section one hundred and fifty-eight of this
chapter, must attend and perform all such services, as may be required
of him in reporting, writing out, copying and otherwise assisting in all
judicial proceedings before the justice appointing him, and also in
transmitting papers to the county clerk's office in said district for
filing and entry therein.
Appointment of assistant stenographer in Kings county. A
stenographer, appointed as prescribed in subdivision one of section one
hundred and fifty-nine of this chapter by the justices of the supreme
court residing in the county of Kings, may, with the consent of the
judge holding or presiding at a special or trial term of the supreme
court, employ an assistant-stenographer to aid him in the discharge of
his duties at that term, whose compensation must be paid by the
stenographer and shall not become a county charge.
Salary of stenographers appointed by justices of supreme court
for each judicial district except first and second. Each of the
stenographers appointed by the justices of the supreme court pursuant to
subdivisions four, six, seven, eight, nine and ten of section one
hundred and fifty-nine of this chapter shall receive an annual salary of
six thousand six hundred forty-seven dollars and fifty cents. Each of
such salaries shall be audited by the state comptroller and paid by the
state department of taxation and finance in equal monthly payments when
certified to such comptroller by a justice of the supreme court of the
judicial district for which such stenographer shall have been appointed,
provided, however, if any such stenographer shall have been assigned to
or works principally for an official referee, such certificate may be
made by one of such justices or by the official referee. The salary of
the stenographer or stenographers for each judicial district shall be
apportioned by such department among the counties of the judicial
district for which such stenographer or stenographers have been
appointed and such counties shall reimburse the state therefor. The time
and method of such apportionment and the time and method of such
reimbursement shall be as specified in section seventy-four of this
chapter.
Expenses of stenographers appointed by justices of supreme
court for each judicial district except first and second. Each of the
stenographers specified in section three hundred and twelve is also
entitled to payment of his actual and necessary expenses, while
attending court, including stationery, and ten cents for each mile for
his actual travel, between the place of holding each term and his
residence, going and returning, or from term to term, as the case may
be. The amount thereof must be paid upon the certificate of the judge
holding or presiding at the term by the treasurer of the county where
the term is held, from the court fund, or the fund from which jurors are
paid. But mileage shall not be computed beyond the bounds of the
judicial district, except where the usual line of travel, from one point
to another within that district, passes partly through another judicial
district.
Fees and expenses of supreme court stenographer for services
performed at request of official referees. The fees of a supreme court
stenographer or a stenographer of the county or surrogate's court of the
county in which the action, matter or proceeding is tried and determined
for taking testimony or furnishing one copy thereof, as provided by
section one hundred and sixteen of this chapter, when required by an
official referee, shall be at the rate allowed in the supreme court. The
stenographer is also entitled to payment of his actual and necessary
expenses. The amount thereof must be paid upon the certificate of the
official referee by the treasurer of the county in which the action or
proceeding is pending, from the court fund, or the fund from which
jurors are paid.
Salary of stenographers appointed by justices of the supreme
court residing in the second, tenth and eleventh judicial districts. 1.
The stenographers appointed pursuant to section one hundred and
fifty-nine of this chapter, by the justices of the supreme court
residing in the second and eleventh judicial districts shall receive an
annual salary to be fixed by said justices, or a majority of them, in
each such district and the expenses thereof shall be raised with the
annual tax levy as a county charge.
2. Each stenographer appointed as prescribed in section one hundred
fifty-nine of this chapter, by the justices of the supreme court for the
tenth judicial district, shall receive an annual salary to be fixed by
said justices, or a majority of them, at not to exceed six thousand
dollars. Such salaries shall be audited by the state comptroller and
paid by the state department of taxation and finance in equal monthly
payments when certified to such comptroller by a justice of the tenth
judicial district. The total amount of such salaries shall be
apportioned by such department among the counties in the tenth judicial
district. Such counties shall reimburse the state therefor. The time
and method of such apportionment and the time and method of such
reimbursement shall be as specified in section seventy-four of this
chapter.
Compensation of stenographers appointed by certain justices of
supreme court in third and fourth judicial districts. Each stenographer
appointed pursuant to subdivision five of section one hundred fifty-nine
of this chapter, by a justice of the supreme court assigned to hold
special terms in the third or fourth judicial districts, shall receive a
salary, fixed by the justice making the appointment, not exceeding three
thousand dollars per annum and also a reasonable sum for actual
necessary expenses while traveling to and from said terms, and while
attending court, including stationery, equipment and supplies necessary
to the transaction of the duties of such stenographer. The salaries and
expenses of each such stenographer shall be audited by the state
comptroller and paid by the state department of taxation and finance in
equal quarterly payments when certified to such comptroller by the
justice who made the appointment or in case of his death or disability,
by any other justice of the same judicial district as such justice. Such
department shall apportion the total amount of the salaries and actual
necessary expenses of the stenographer or stenographers appointed in the
third judicial district and of the stenographer or stenographers
appointed in the fourth judicial district among the counties comprising
the third and fourth judicial districts respectively. Such counties
shall reimburse the state therefor. The time and method of such
apportionments and the time and method of such reimbursement shall be as
specified in section seventy-four of this chapter.
Stenographers of county courts. 1. The stenographer of the
county court of each of the counties of Albany, Erie, Monroe, Oneida,
Rensselaer, Jefferson and Niagara must attend each term of the said
court where issues of fact in civil and criminal cases are triable. The
stenographers of the county court of Kings and Queens counties must
attend each term of said court. The stenographer of the county court of
Jefferson county shall as a part of his official duties also act as
stenographer to the grand jury of said county, and shall, at the request
of the district attorney, attend preliminary hearings in criminal cases
prior to the action of the grand jury thereupon.
2. The stenographers appointed in the various counties specified in
subdivision two of section one hundred and ninety-eight of this chapter,
shall also report and transcribe opinions for the said county judges, as
well as special proceedings where a stenographer is required, without
additional compensation.
3. The stenographer of the county court of Niagara county shall within
twenty days after notice by a party that he intends to appeal, make a
case and exceptions or bill of exceptions in a civil or criminal action,
or that briefs are to be made or arguments prepared in an action tried
before the court without a jury, file with the clerk of said county a
transcript of the minutes taken by him upon such trial.
4. Each of the stenographers appointed in the county court of Albany,
Kings, Queens, Richmond and Bronx counties as prescribed in section one
hundred and ninety-eight of this chapter, may, with the consent of the
county judge, or judges, appoint an assistant stenographer, to aid him
in the discharge of his duties, whose compensation shall be paid by the
stenographer appointing him, and is not a county charge.
Compensation of stenographers of county courts. The court
stenographer or reporter of any county court shall receive an annual
salary fixed by the legislative body of that county. This compensation
is a charge upon the county, and may be audited, allowed and paid as
other county charges.
Taking of hearings by official stenographer. Upon any hearing
provided for in article one hundred seventy or article one hundred
eighty of the criminal procedure law, by or before any local criminal
court by which an official stenographer shall have been appointed, under
provision of law therefor, stenographic minutes of the hearing shall be
taken by such stenographer. Where the defendant is charged with a felony
and is either held for the action of a grand jury or not so held, upon
the request of the district attorney a copy of such stenographic
minutes, notwithstanding the provisions of any other law, shall be
furnished by such official stenographer to the district attorney of the
county. Such stenographer shall be compensated at the rate prescribed
by the civil practice law and rules, and such compensation shall be a
county charge.
Employment of a stenographer upon hearing on charge of
felony. In a hearing held in a criminal proceeding upon a charge of
felony, in a town or village court, unless pursuant to law a
stenographer be regularly employed by it, such court may, if the
defendant be represented by counsel, employ a stenographer to take
testimony on such examination. The compensation of such stenographer
shall be fixed by the board of supervisors and shall be a county charge.
Fees of stenographer on appeals; Niagara county court. Upon an
appeal by the defendant from a judgment of the county court of Niagara
county on a conviction after indictment, the stenographer of the court
shall be entitled to the fees prescribed by the civil practice law and
rules for transcribing the minutes of the trial, to be paid by the
appellant.
ARTICLE 10-A Grand Jury Stenographers
Appointment of stenographers. It shall be lawful for the
district attorney of any county of this state, to appoint a stenographer
to take the testimony given before the grand juries in said county.
a. In the county of Kings, it shall be lawful for the district
attorney of said county to appoint twelve stenographers, each of whom
shall have authority to take and transcribe the testimony given before
the grand juries in the said county of Kings, and such appointment shall
be in writing, under the hand and seal of such district attorney, and
shall be filed in the county clerk's office of said county of Kings.
b. In the county of Erie, it shall be lawful for the district attorney
of said county to appoint six stenographers, each of whom shall have
authority to take and transcribe the testimony given before the grand
juries in said county of Erie, and such appointments shall be in
writing, under the hand and seal of such district attorney, and shall be
filed in the county clerk's office of said county of Erie.
c. In the county of New York, it shall be lawful for the district
attorney of such county to appoint fifteen stenographers, each of whom
shall have authority to take and transcribe the testimony given before
the grand juries in said county of New York, and such appointments shall
be in writing, under the hand and seal of such district attorney, and
shall be filed in the county clerk's office of said county of New York.
d. In the county of Rockland, it shall be lawful for the district
attorney of said county to appoint two stenographers, each of whom shall
have authority to take and transcribe the testimony given before the
grand juries in said county of Rockland, and such appointments shall be
in writing under the hand and seal of such district attorney, and shall
be filed in the county clerk's office in the county of Rockland.
e. In the county of Onondaga, it shall be lawful for the district
attorney of said county to appoint five stenographers, each of whom
shall have authority to take and transcribe the testimony given before
the grand juries in the said county of Onondaga, and such appointments
shall be in writing under the hand and seal of such district attorney,
and shall be filed in the county clerk's office in the county of
Onondaga.
f. In the county of Queens, it shall be lawful for the district
attorney of said county to appoint ten stenographers, each of whom shall
have authority to take and transcribe the testimony given before the
grand juries in the said county of Queens, and such appointments shall
be in writing, under the hand and seal of such district attorney, and
shall be filed in the county clerk's office of said county of Queens.
g. In the county of Monroe, it shall be lawful for the district
attorney of such county to appoint six stenographers, to be known as the
first, second, third, fourth, fifth and sixth stenographers, each of
whom shall have authority to take and transcribe the testimony given
before the grand juries in said county of Monroe, and each of whom shall
be considered as an assistant to the district attorney and under his
direction and control; and authority is further granted to the district
attorney of the county of Monroe, if certified to by him, to appoint
temporarily grand jury stenographers who shall have the same powers,
responsibilities and duties as the first, second, third, fourth, fifth
and sixth stenographers, and compensation therefor shall be chargeable
to the county of Monroe and within the comparable bracket salary
schedules, and such temporary grand jury stenographers shall retain and
receive all benefits as the first, second, third, fourth, fifth and
sixth stenographers do, including state retirement benefits, Blue Cross
and Blue Shield, and all other benefits, the same as the regular
stenographers and other public employees.
h. In the county of Westchester it shall be lawful for the district
attorney of such county to appoint three stenographers, to be known as
the first, second and third stenographer, each of whom, shall have
authority to take and transcribe the testimony given before the grand
juries in said county of Westchester, and each of whom, shall be
considered as an assistant to the district attorney and under his
direction and control. Every stenographer so appointed whenever directed
by the district attorney, shall have authority to attend upon and take
and transcribe the testimony given at coroner's inquests and the
examination and trial of criminal cases, which said testimony so taken
and transcribed shall be for the exclusive use and benefit of the
district attorney, unless otherwise ordered by the court, or otherwise
agreed upon by the district attorney. The appointment of a stenographer
by said district attorney shall be deemed a revocation of any prior
appointment of a stenographer.
i. In the county of Orange, it shall be lawful for the district
attorney of said county to appoint six stenographers, each of whom shall
have authority to take and transcribe the testimony given before the
grand juries in said county of Orange, and such appointments shall be in
writing under the hand and seal of such district attorney, and shall be
filed in the county clerk's office in the county of Orange.
j. In the county of Dutchess, it shall be lawful for the district
attorney of said county, to appoint two stenographers each of whom shall
have authority to take and transcribe the testimony given before the
grand juries in said county of Dutchess, and such appointments shall be
in writing under the hand and seal of such district attorney and shall
be filed in the county clerk's office in the county of Dutchess.
k. In the county of Oneida, it shall be lawful for the district
attorney of said county to appoint five stenographers, each of whom
shall have authority to take and transcribe the testimony given before
the grand juries in said county of Oneida, and such appointments shall
be in writing under the hand and seal of such district attorney, and
shall be filed in the county clerk's office in the county of Oneida.
Stenographers to be citizens and residents of county where
appointed. Every stenographer appointed under the provisions of this
title shall be a citizen and resident of the county in which he is
appointed, except that the district attorney of Warren county may
appoint a stenographer residing either in the county of Washington or in
the county of Saratoga and the district attorney of Hamilton county may
appoint a stenographer residing in the county of Fulton and the district
attorney of Wyoming county may appoint a stenographer residing either in
the county of Genesee or in the county of Livingston and the district
attorney of Madison county may appoint a stenographer residing either in
the county of Onondaga or in the county of Oneida or in any county in
the sixth judicial district and the district attorney of Allegany county
may appoint a stenographer residing in the county of Steuben or in any
county in the eighth judicial district and the district attorney of
Niagara county may appoint a stenographer residing in the county of
Erie, Genesee or Orleans and the district attorneys of Chemung, Tioga,
Tompkins and Otsego counties may each appoint a stenographer residing in
any county in the sixth judicial district and the district attorney of
Schoharie county may appoint a stenographer residing in any county in
the third judicial district and the district attorney of Washington
county may appoint a stenographer residing either in the county of
Saratoga or in the county of Warren and the district attorney of
Saratoga county may appoint a stenographer residing in either
Schenectady county, or Albany county or Rensselaer county and the
district attorneys of Columbia and Greene counties may appoint a
stenographer residing in any county of the third judicial district and
the district attorneys of Seneca county, Ontario county, Wayne county,
Livingston county and Yates county may appoint a stenographer residing
in any county of the seventh judicial district and the district attorney
of Cayuga county may appoint a stenographer residing in the county of
Onondaga, the county of Tompkins or in any county of the seventh
judicial district and the district attorney of Albany county may appoint
a stenographer residing in either Schenectady county or in any county of
the third judicial district and the district attorneys of Rockland and
Putnam counties may appoint a stenographer residing in any county of the
ninth judicial district and the district attorney in Orleans county may
appoint a stenographer residing in any county of the eighth judicial
district and the several district attorneys within the city of New York
may appoint stenographers residing in any county within such city and
the district attorneys of Lewis and Oswego counties may appoint a
stenographer residing in any county in the fifth judicial district and
the district attorney of Chautauqua county may appoint a stenographer
residing in Erie county and the district attorney of Cattaraugus county
may appoint a stenographer residing in any county in the eighth judicial
district and the district attorney of Schenectady county may appoint a
stenographer residing in either Albany county or in any county of the
third judicial district and the district attorney of Jefferson county
may appoint a stenographer residing in the county of St. Lawrence, or in
any county of the fifth judicial district and the district attorney of
Broome county may appoint a stenographer residing in the county of
Onondaga or in any county of the sixth judicial district and the
district attorney of Orange county may appoint a stenographer residing
in Orange county or any county adjoining Orange county and the district
attorney of Westchester county may appoint a stenographer residing in
any county of the ninth judicial district.
Evidence of appointment and filing same; stenographer's oath.
Every appointment made pursuant to this article shall be in writing
under the hand of the official who makes the same, and shall be filed in
the clerk's office of the county in which such appointment is made.
Every appointee, before he enters upon the duties of his office, shall
take and subscribe the constitutional oath of office, and shall make
oath before the county clerk that he will keep secret all matters and
things occurring before such grand juries.
Revocation of appointment. Any appointment made under the
provisions of this article may be revoked by the district attorney,
which revocation must be in writing and be filed in the office of the
clerk of the county in which such appointment was filed.
Stenographers' duties. 1. It shall be lawful for any
stenographer duly appointed and qualified as hereinbefore provided, to
attend and be present at the session of every grand jury impaneled in
the county in which he is appointed, and it shall be his duty to take in
shorthand or upon a typewriting machine the testimony introduced before
such grand juries, and, except when his original notes and minutes and
the exhibits pertaining thereto have been impounded as hereinafter
provided for, to furnish to the district attorney of such county a full
copy of all such testimony as such district attorney shall require, but
he shall not permit any other person to take a copy of the same, nor of
any portion thereof, nor to read the same, or any portion thereof,
except upon the written order of the court duly made after hearing the
said district attorney provided, however, that the judge presiding over
the term of court for which any grand jury is drawn, may at any time
during the sitting of such grand jury and upon petition signed by its
foreman or acting foreman and certified by its clerk to have been
authorized by twelve or more of the grand jurors constituting such grand
jury, impound the stenographer's original notes and minutes and the
exhibits pertaining thereto, or any portion of such original notes,
minutes, and exhibits, and may order them to be delivered to him and
placed in his custody or in the custody of a public officer named by
him. When so impounded, such original notes, minutes, and exhibits shall
not be taken from the custody of such judge or such public officer
except upon the order of such judge, who, upon the written requisition
of the foreman or acting foreman of such grand jury, shall deliver them
or order them to be delivered to such foreman or acting foreman for use
in the grand jury room during the hours when the grand jury is actually
in session. Except as above provided, all of the said original notes
and minutes shall be kept in custody of said district attorney, and
neither the same, nor a copy of the same, or any portion of the same,
shall be taken from the office of said district attorney, excepting as
above provided. Nothing contained in this section, however, shall be
construed to prohibit a grand jury from inspecting its own minutes and
exhibits while in session.
2. Where an application follows a demand to produce any transcript of
testimony at a grand jury proceeding pursuant to paragraph (b) of
subdivision two of section 331.2 or paragraph (a) of subdivision one of
section 331.4 of the family court act the presentment agency and
respondent shall be given notice of such application and an opportunity
to be heard.
Misdemeanor for stenographer to violate provisions of this
article. Every stenographer appointed as aforesaid, who violates any
provision of this article is guilty of a misdemeanor.
Compensation and payment of stenographers. Each stenographer
appointed as aforesaid shall receive such compensation for services
rendered while engaged in taking testimony before a grand jury, as shall
be determined by the board of supervisors or county legislature of the
county in which he is appointed, excepting that in the county of New
York, such compensation shall be fixed by the board of estimate and
apportionment of the city of New York, and such compensation shall not
be less than five nor more than ten dollars per day; and in addition
thereto such stenographer shall be entitled to and shall be allowed for
a copy of testimony furnished to the district attorney the same rate per
folio as is prescribed by the civil practice law and rules, and such
stenographer shall receive the same compensation for all copies of the
evidence in excess of three copies, furnished by him to the district
attorney. Such compensation shall be a county charge, and shall be paid
by the treasurer of such county upon the affidavit of the stenographer
and the certificate of the district attorney specifying the number of
days of actual service and the number of folios furnished; excepting
that in the counties of Broome, Cayuga, Delaware, Erie, Monroe, Oneida,
Otsego, Rockland, Schenectady, Tioga and Westchester the salaries of
said stenographers shall be fixed by the board of supervisors or county
legislature and in the counties of Monroe, Niagara and Oneida such
stenographers in addition to such salary, shall be entitled to and shall
be allowed for a copy of testimony furnished to the district attorney
the fees prescribed by the civil practice law and rules. Such
compensation shall be a county charge, and shall be paid by the
treasurer of said county upon the affidavit of the stenographers and the
certificate of the district attorney specifying the number of folios
furnished; and excepting that in the county of Queens said stenographers
shall receive a salary of one thousand dollars per annum, and in the
county of Ulster, twelve hundred dollars per annum; and excepting that
in the county of Kings the salaries of said stenographers shall be fixed
by the board of estimate and apportionment of the city of New York; and
excepting that in the county of Orange said stenographers shall receive
a salary in an amount as shall be prescribed in the annual county
budget. Such salaries shall be a county charge and shall be paid
monthly, and in Erie, Oneida, Rockland, Westchester and Niagara counties
semi-monthly, by the treasurer of said county in the same manner as the
salaries of other county officers are paid.
Designation of temporary stenographers to take place of or in
addition to official stenographers. 1. In case of the absence by reason
of illness, or other cause, of the official stenographer to any grand
jury in any county of this state, the district attorney of the county
may designate a stenographer to perform the duties of such official
stenographer during such absence, and the stenographer so designated
shall receive the compensation which the official stenographer would
have received for the same service, and the same shall be deducted from
the salary of the official stenographer.
2. Whenever it shall appear to the judge or justice presiding at a
term of court for which a grand jury has been drawn that the public
welfare will be promoted by a more expeditious disposition of the
offenses to be inquired into by such grand jury or that the volume of
business to be taken up and disposed of by it requires it, he may make
an order directing the district attorney of the county in which such
grand jury is sitting to appoint one or more additional grand jury
stenographers to assist the official stenographer or stenographers.
Upon the filing of such order in the office of the clerk of such county
and the service of a copy thereof upon the district attorney of such
county, the latter shall designate and appoint as many temporary
stenographers as such order directs and each such appointment shall be
made in the manner prescribed by section three hundred twenty-three.
3. Each stenographer appointed in pursuance of the provisions of
subdivision two of this section shall be subject to all the duties,
penalties and provisions specified in this article as though he were
appointed pursuant to the provisions of section three hundred twenty-one
hereof and shall receive as compensation for his services such sum as
shall be determined by the board of supervisors or county legislature of
the county in which he is appointed, except that in the counties
embraced within the city of New York the compensation of said
stenographers shall be fixed by the board of estimate of the city of New
York.
4. The term of office of any temporary stenographer appointed under
the provisions of subdivision two of this section shall terminate at
such time as the judge or justice ordering the appointment may
thereafter determine, but in no event shall it continue beyond the time
of the discharge by the court of the grand jury for which the temporary
appointment was made.
Designation of temporary stenographer in special cases. If,
pursuant to law, the attorney general or a deputy attorney general,
attend before the grand jury in any county, the attorney general may
appoint a temporary stenographer to take the testimony given before the
grand jury in respect of matters or investigations before the grand jury
conducted by the attorney general or such deputy attorney general, and
may fix his compensation. Every such appointee before he enters upon the
duties of his office shall take and subscribe the constitutional oath of
office, and shall make oath before the county clerk of such county that
he will keep secret all matters and things occurring before such grand
jury. Such stenographer shall take and transcribe the testimony given
before the grand jury in respect of the matter or investigation
conducted by the attorney general or deputy attorney general, and shall
furnish to him a full copy of all such testimony as he shall require.
Except as provided in section three hundred twenty-five, such
stenographer shall not permit any other person to take a copy of the
same or any portion thereof, nor to read the same or any portion thereof
except upon the written order of the court duly made after hearing the
attorney general or deputy attorney general.
Transcription of testimony by typists duly sworn. The
transcription of testimony taken by a stenographer may be effected by
means of a dictating machine to be transcribed by a typist or typists
duly authorized and appointed by the district attorney. Such typist or
typists shall make oath that they will keep secret all testimony so
dictated to them for transcription.
ARTICLE 10 Attendants, Officers and Messengers
Salary of messenger of court of appeals. The messenger
appointed to attend on the judges of the court of appeals shall receive
a salary of one thousand six hundred dollars per annum, to be paid in
monthly instalments.
Duty of attendants at term of appellate division. A term of the
appellate division of the supreme court must be attended by not more
than three attendants appointed by such court, one of whom shall act as
crier; all of whom must act under the direction of the court or of the
presiding justice. The fees of such attendants for attending a term of
the appellate division must be paid out of the treasury of the state.
Duties of court officers, attendants and messengers of courts
in Kings, Queens, Richmond, Nassau and Suffolk counties. Each of the
persons appointed a court officer, attendant or messenger of the supreme
court or county court of Kings, Queens or Richmond counties as
prescribed in sections one hundred and sixty-eight and two hundred one
of this chapter, must attend, from day to day, the terms and sittings,
within his county, of the court to which he is assigned, to preserve
order, and perform whatever services may be required of him, by the
judge presiding thereat. The attendant or messenger of the supreme court
in Nassau and Suffolk counties, respectively, appointed as prescribed by
section one hundred and sixty-eight of this chapter must attend, from
day to day, the terms and sittings of the said court to which he is
assigned by the justice or justices by whom he was appointed; to
preserve order and perform whatever services may be required of him by
the judge presiding thereat; and shall attend at the chambers provided
for the justices of said court in said county and perform such other
duties thereat, in addition to his duties as court attendant, as may be
prescribed by the justice or justices sitting therein.
Duties of attendants for supreme and county courts in Monroe
county. Each of the persons appointed an attendant in the supreme or
county court by the sheriff of Monroe county pursuant to section four
hundred and nine of this chapter must attend from day to day the terms
and sittings of the court to which he is assigned, to preserve order and
to perform such other services as may be required by the judge or
justice presiding thereat, and shall attend at chambers and perform such
other duties in and about said court-house in addition to their duties
as court attendants, as may be prescribed by said justices and judges.
Number of attendants upon courts in certain counties. In any
county where the compensation of the attendants provided for in section
four hundred and three of this chapter, is now fixed by statute at the
sum of three dollars per day and mileage, the number of attendants to be
appointed for any one term of court, pursuant to said section, shall not
exceed eighteen.
Compensation of attendants of appellate division in third and
fourth departments. Each of the attendants appointed by the justices of
the appellate division of the fourth department shall receive a
compensation of three thousand four hundred fifty dollars per year,
payable monthly. Each of the attendants appointed by the justices of the
appellate division of the third department shall receive a compensation
to be fixed by said justices at not to exceed three thousand four
hundred fifty dollars per year, payable monthly. Such attendants shall
also be entitled to receive their traveling expenses to and from their
homes to the place where said sessions are held, not exceeding once in
each term. The compensation of the attendants shall be paid by the
department of taxation and finance upon the certificate of the presiding
justice of the department.
Salary of attendants of courts in the first department and of
the appellate division. The salaries of the attendants of the supreme
court in the first judicial district shall be fixed by the justices of
the supreme court of the first judicial district or a majority of them
and the board of estimate of the city of New York shall provide for
raising and paying the same. The salaries of the attendants of the
appellate division, first department and the salaries of the
confidential attendants to the justices of the appellate division, first
department, who are stenographers, shall be fixed by the justices of the
said appellate division and such compensation shall be paid by the
department of taxation and finance as provided by section ninety-four of
this chapter.
Salary of attendants of courts in Queens, Nassau and Suffolk
counties. The court attendants appointed for the supreme court in the
county of Queens, pursuant to section one hundred and sixty-eight of
this chapter shall each receive an annual salary to be fixed by the
justice or justices in said section mentioned; and the court attendants
appointed for the county court in said county pursuant to section two
hundred of this chapter shall each receive an annual salary to be fixed
by the county judge of said county and all of such salaries shall be a
county charge; the court attendant appointed for the supreme court in
the counties of Nassau or Suffolk, respectively, pursuant to section one
hundred and sixty-eight of this chapter, shall receive a salary, to be
fixed by the justice or justices appointing him, to be a county charge.
Salary of attendants of supreme court in Richmond county. Each
of the attendants appointed for the supreme court in the county of
Richmond, shall receive a salary to be fixed by the justice or justices
residing in Richmond county, or by a majority of them; such salary, so
fixed, shall be subject to the approval of the board of estimate of the
city of New York, in its discretion, and shall be a county charge.
Salary of confidential court attendants of the supreme court
justices in the third judicial district residing in Albany and
Rensselaer counties. The confidential court attendants appointed by the
justices of the supreme court in the third judicial district residing in
Albany and Rensselaer counties, pursuant to section one hundred
sixty-four of this chapter, shall each receive an annual salary not in
excess of five thousand dollars, which shall be a charge upon the
counties of Albany and Rensselaer, respectively, and shall be paid by
the treasurer of each such county, respectively, upon certificate of
such justice in monthly installments.
Powers and salary of court officers appointed in Erie county.
The officers appointed pursuant to sections one hundred seventy-three
and two hundred two of this chapter to attend upon the courts of Erie
county shall possess all the powers of officers designated by sheriffs
to attend upon such courts. They shall each receive such salary as shall
be fixed by the justices of the supreme court residing in Erie county,
or a majority of them, to be paid in equal semi-monthly payments by the
treasurer of the county of Erie.
ARTICLE 11 Criers
Salary of crier of court of appeals. The crier of the court of
appeals shall receive an annual salary of twenty-eight hundred dollars
to be paid in equal monthly instalments and the comptroller is directed
to draw his warrant for the same.
Duties of crier and assistant crier of appellate division of
first department. The duties of the crier and assistant crier of the
appellate division in the first department, shall be such as may be
prescribed by the rules made by the said appellate division.
Criers not required to attend special term supreme court in
certain cases. Where a special term of the supreme court is adjourned to
the chambers of a justice of the court, pursuant to section one hundred
and forty-seven of this chapter, the attendance of the crier is not
required unless the justice directs him to attend.
Compensation of criers in each county except Kings and Erie.
The crier appointed pursuant to section two hundred of this chapter by
the county judge of each county, except Kings and Erie, to be crier for
the courts of record held in his county is entitled to a compensation to
be fixed by the board of supervisors and to be paid as prescribed by
law, except in the county of Westchester where the compensation of such
crier shall be fixed by the county judge, not to exceed the sum of one
thousand two hundred dollars a year to be paid in equal monthly payments
by the treasurer of Westchester county in full compensation for all
services rendered by him, and except in the county of Queens, where such
crier shall receive an annual salary to be fixed by the county judges of
said county, to be paid in equal monthly payments and to be a county
charge.
Compensation of criers of courts in Erie county. The salary of
the criers appointed for Erie county by the justices of the supreme
court residing in Erie county together with the county judge of Erie
county, in pursuance of section one hundred and seventy-three of this
chapter, shall be fixed by the justices of the supreme court residing in
Erie county, or a majority of them; and when so fixed shall be paid in
equal monthly payments by the treasurer of Erie county, in full
compensation for all services rendered by said criers.
ARTICLE 12 Interpreters
Salary of interpreters appointed for supreme court by appellate
division of the first department. 1. The salary of each of the official
interpreters for the supreme court in the first judicial district
appointed by the justices of the appellate division shall be fixed by
the justices of the appellate division of the supreme court, first
department, or a majority of them, and the board of estimate of the city
of New York shall provide for raising and paying the same.
Appointment and compensation of court interpreters generally.
The county judge and the district attorney of the county may appoint one
interpreter, who shall act as and be the court interpreter for such
county. Such interpreter shall hold office during the pleasure of the
county judge and district attorney and they shall appoint his successor
in office. Said interpreter shall receive a salary to be fixed by the
board of supervisors of said county, which shall be a charge upon the
county, to be paid monthly, in the same manner as other county officials
are paid. Said interpreter so appointed shall, before entering upon his
duties, file in the office of the county clerk, the constitutional oath
of office. The provisions of this section, however, shall not apply to
the counties of New York, Kings and Queens, nor to any other county in
which the appointment or compensation of court interpreters therein is
governed by a special or local act or by any special provision of a
general act.
Temporary appointment of interpreters. If the services of an
interpreter be required in any court and there be no unemployed official
interpreter to act therein, the court may appoint an interpreter to act
temporarily in such court. Such interpreter shall before entering upon
his duties file with the clerk of the court the constitutional oath of
office. The court shall fix the compensation of such interpreter at not
more than twenty-five dollars per day for each day's actual attendance
by direction of the presiding judge or justice and such compensation
shall be paid from the court fund of the county upon the order of the
court.
Polish and Italian interpreters for Erie county. The county
clerk of the county of Erie shall appoint a Polish and an Italian
interpreter to serve as such, under the direction of the presiding judge
or justice, at the criminal terms of the county and supreme court, and
before grand juries, in Erie county. Each of such interpreters shall be
entitled to an annual salary to be fixed by the board of supervisors of
Erie county and payable by the county of Erie, at the same time and in
the same manner as the salaries of other county officers.
Appointment of additional interpreter for Westchester county.
In addition to the interpreter authorized to be appointed under section
three hundred and eighty-six, the county judge and district attorney of
the county of Westchester may appoint one additional interpreter for
such county and all the provisions of such section applicable shall
apply thereto.
Equal access to court proceedings for deaf or hard of hearing
person. 1. Whenever any deaf or hard of hearing person is a party to a
legal proceeding of any nature, or a witness or juror or prospective
juror therein, the court in all instances shall appoint a qualified
interpreter who is certified by a recognized national or New York state
credentialing authority as approved by the chief administrator of the
courts to interpret the proceeding to, and the testimony of, such deaf
or hard of hearing person; provided, however, where compliance with this
section would cause unreasonable delay in court proceedings, the court
shall be authorized to temporarily appoint an interpreter who is
otherwise qualified to interpret the proceedings to, and the testimony
of, such deaf or hard of hearing person until a certified interpreter is
available. In any criminal action in a state-funded court, the court
shall also appoint such an interpreter to interpret the proceedings to a
deaf or hard of hearing person who is the victim of the crime or may
appoint such interpreter for the deaf or hard of hearing members of the
immediate family (parent or spouse) of a victim of the crime when
specifically requested to do so by such victim or family member. The fee
for all such interpreting services shall be a charge upon the state at
rates of compensation established by rule of the chief administrator;
except that where such interpreting services are rendered in a justice
court, the fee therefor shall be paid as provided by law in effect on
July first, nineteen hundred ninety-one.
2. (a) Notwithstanding the provisions of subdivision one of this
section, a court may, upon request of a deaf or hard of hearing person
or upon its own motion, and in lieu of appointing an interpreter as
otherwise required in such subdivision one, provide an assistive
listening device, a stenographer who can furnish communication access
real-time translation or any other appropriate auxiliary aid or service.
(b) For purposes of this subdivision, the following terms shall have
the following meanings:
(i) "Stenographer" means any individual who fulfills the requirements
of section two hundred ninety-one of this chapter.
(ii) "Communication access real-time translation (CART)" means the
instantaneous translation of everything that is spoken in the court room
via a real-time feed, which by means of software converts shorthand
transcription into real-time captioning immediately which can be
displayed on a computer or monitor.
Limited English proficient litigants' data. 1. For the purposes
of this section, the following terms shall have the following meanings:
(a) "primary language" means the dominant language a litigant speaks
in everyday situations, including but not limited to their home, work,
school, and community environments;
(b) "limited English proficient (LEP) litigant" means a participant in
a legal proceeding, whose limited ability to speak or understand the
English language, has created a communications barrier to understanding
his or her legal rights or impairs his or her ability to participate
fully in court programs or services; and
(c) "language assistance services" means oral and written services
needed to assist LEP litigants to communicate effectively with court
personnel and to provide LEP litigants with meaningful access to, and an
equal opportunity to participate fully in, court programs or services,
so that LEP litigants are placed in the same position as similarly
situated persons for whom there is no such barrier.
2. The office of court administration shall collect and maintain data
on all limited English proficient litigants in all courts within this
state; provided, however, that such data shall not be collected from
those courts designated as town or village courts. At a minimum, the
office of court administration shall collect and maintain data on the
following:
(a) the number of limited English proficient litigants who are
litigants in courts within this state, disaggregated by court and
county, and the primary language of such litigants;
(b) the number of such limited English proficient litigants served,
disaggregated by court and county, the type of language assistance
services provided and the primary language of the litigant served; and
(c) the number of interpreter personnel employed by the courts,
disaggregated by court and county and the language translated or
interpreted by such personnel.
3. The office of court administration shall make the data required by
this section publicly available on its website, provided, however, that
such data shall not include identifying information and nothing in this
section shall be construed to permit the office of court administration
to use, disseminate, or publish any identifying information, including a
litigant's name, date of birth, social security number, docket number,
or other unique identifier.
ARTICLE 13 Sheriffs and Constables
Sheriff may command power of county to overcome resistance. If
a sheriff, to whom a mandate is directed and delivered, finds, or has
reason to apprehend, that resistance will be made to the execution
thereof, he may command all persons in his county, or as many as he
thinks proper, and with such arms as he directs, to assist him in
overcoming the resistance and, if necessary, in arresting and confining
the resisters, their aiders and abettors, to be dealt with according to
law.
Sheriff must certify to court names of persons resisting
execution of mandate. The sheriff must certify to the court, from which
or by whose authority the mandate was issued, the names of the
resisters, their aiders and abettors, as far as he can ascertain the
same, to the end that they may be punished for their contempt of the
court.
Sheriff or deputy to attend term of appellate division. A term
of the appellate division of the supreme court must be attended by the
sheriff of the county in which it is held, his under sheriff, or one of
his deputies, each of whom must act under the direction of the court or
of the presiding justice. The sheriff of the county must cause the room
in which a term of the appellate division is held to be properly heated,
ventilated, lighted, and kept comfortably clean and in order. The
sheriff must also provide the court with all necessary stationery and
minute-books, upon the written requisition of the court or of the
justice presiding at the term, and shall defray the necessary expense of
telegraphing the day calendar to such county clerks as the court shall
direct; also the necessary expense of transmitting printed cases and
papers to the reporter; to the various libraries and to the justices of
the appellate division. The fees of the sheriff for attending a term of
the appellate division and all expenses incurred by a sheriff in
obedience to this section must be audited by the comptroller and paid
out of the treasury of the state.
Sheriff must notify constables and deputies to attend terms.
The sheriff of each county, except New York, Bronx, Kings, and Queens,
must within a reasonable time before the sitting, in his county, of any
term of court, notify, in writing or personally, as many constables or
deputy sheriffs of his county, as he deems necessary, to appear and
attend upon the term during its sitting.
Sheriff or constable not required to attend special term
supreme court in certain cases. Where a special term of the supreme
court is adjourned to the chambers of a justice of the court, pursuant
to section one hundred and forty-seven of this chapter, the attendance
of the sheriff or a constable is not required unless the justice directs
them to attend.
Sheriff need not attend or designate officers to attend terms
of courts in Erie county unless requested. The sheriff of the county of
Erie shall not be required to attend or designate any officer to attend
at justices' chambers or at special terms of the supreme court, or at
any term of the county court and surrogate's court held in said county
of Erie unless requested so to do by the justice, judge or surrogate
presiding thereat.
Sheriff, deputy or constable must act as crier when directed by
court. A sheriff, deputy sheriff, or constable, attending a term of a
court of record, must, when required by the court, act as crier therein;
and he is not entitled to any additional compensation for that service.
Deputy sheriff must attend court as notified. Each constable or
deputy sheriff, seasonably notified, as prescribed in section four
hundred and three of this chapter, must attend the term accordingly; and
for each day's neglect he may be fined by the court, at the term at
which he was notified to attend, a sum not exceeding five dollars.
Designation by sheriff of Monroe county of attendants for
supreme and county courts. The sheriff of the county of Monroe is hereby
authorized, by and with the consent and approval of the justices of the
supreme court of the seventh judicial district, residing in the county
of Monroe, and the county judges of Monroe county, respectively, to
appoint and with the consent of said justices and judges at pleasure, to
remove such deputies to be attendants for the supreme court and the
county court, respectively, held in and for the county of Monroe, as
such justices and judges shall deem necessary.
Designation by sheriff of Onondaga county of court attendants
for supreme and county courts. The sheriff of the county of Onondaga is
hereby authorized by and with the consent and approval of the trial
justices of the supreme court of the fifth judicial district residing in
the county of Onondaga and the county judges of Onondaga county,
respectively, to appoint and with the consent of said justices and
judges at pleasure to remove not to exceed twenty-nine deputies, at
least seven of whom shall be women, to be attendants for the supreme and
county courts of Onondaga county, who shall hold office until removal as
herein provided and whose duty it shall be to attend the various terms
of such courts held in and for the county of Onondaga and act as
attendants thereat and perform such other services as shall be required
and designated by said trial justices and county judges. They shall
have all the powers of constables and shall receive an annual salary to
be fixed by the board of supervisors of Onondaga county. If at any term
of the supreme or county court held in and for the county of Onondaga
additional attendants shall be necessary, the judge presiding at such
term shall certify such fact to the sheriff of Onondaga county, and the
number of additional attendants required and said sheriff shall appoint
temporary attendants in the number specified by said judge to attend
said term of court.
Appointment of court attendants in Oneida county. The resident
supreme court justices of Oneida county and the county judge of Oneida
county are hereby authorized to appoint, and may at their pleasure
remove, both permanent and temporary court attendants in and for the
supreme and county courts of Oneida county, whose duty it shall be to
attend the various terms of such courts held in and for the county of
Oneida and act as attendants and court criers thereat, and to perform
such other services as shall be required and designated by said justices
and the county judge of the county of Oneida. Said court attendants
shall possess all the power of an officer designated by the sheriff to
attend upon the court and shall receive such salaries as shall be fixed
from time to time by the board of supervisors of Oneida county.
Court attendant in Herkimer county. The county judge and
surrogate of the county of Herkimer is hereby authorized by and with the
consent and approval of the trial justice of the supreme court, residing
in Herkimer county, to appoint a court attendant in and for the supreme
and county courts in Herkimer county, whose duty it shall be to attend
the various terms of such courts held in and for the county of Herkimer
and act as attendant and court crier thereat and to perform such other
services as shall be required and designated by said justice and judge.
Said court officer shall possess all the power of an officer designated
by the sheriff to attend upon the court and shall receive such salary as
shall be fixed from time to time by the board of supervisors of Herkimer
county.
Designation by sheriff of Dutchess county of attendants for
certain courts in such county. The sheriff of the county of Dutchess is
hereby authorized to designate such number of deputy sheriffs as shall
be authorized by resolution of the board of supervisors of such county,
who shall act as attendants at all terms of the supreme court, county
court, surrogate's court, and family court held in such county, and who
shall perform any and all other duties required of or imposed upon them
by law or by such sheriff. Such deputies shall receive such
compensation as may be fixed and determined by the board of supervisors
of such county.
ARTICLE 13-A Judicial Proceedings For the Removal of Public Officers By Impeachment
Impeachment to be delivered to president of the senate. When
an officer of the state is impeached by the assembly, the articles of
impeachment must be delivered to the president of the senate.
Copy of impeachment served on defendant. The president of the
senate must thereupon cause a copy of the articles of impeachment, with
a notice to appear and answer the same, at the time and place appointed
for the meeting of the court, to be served on the defendant, not less
than twenty days before the day fixed for the meeting of the court.
Service, how made. The service must be upon the defendant
personally, or if he cannot, upon diligent inquiry, be found in the
state, the court, upon proof of that fact may order publication to be
made in such manner as it deems proper, of a notice requiring him to
appear at a specified time and place, and answer the articles of
impeachment.
Proceedings, if defendant does not appear. If the defendant
does not appear, the court, upon proof of service or publication as
provided in the last two sections, may of its own motion, or for cause
shown, assign another day or place for hearing the impeachment; or may
then, or at any other time which it may appoint, proceed in the absence
of the defendant, to trial and judgment.
Defendant may object to sufficiency of, or deny impeachment.
When the defendant appears, he must answer the articles of impeachment;
which he may do, either by objection to their sufficiency, or that of
any article therein, or by denying the truth of the same.
Form of objection or denial. If the defendant object to the
sufficiency of the impeachment, the objection must be in writing, but
need not be in any specific form; it being sufficient, if it present
intelligibly the grounds of the objection. If he deny the truth of the
impeachment, the denial may be oral, and without oath, and must be
entered upon the minutes.
Proceedings thereon. If an objection to the sufficiency of the
impeachment be not sustained by a majority of the members of the court
who heard the argument, the defendant must forthwith answer the articles
of impeachment. If he plead guilty, or refuse to plead, the court must
render judgment of conviction against him. If he deny the matters
charged the court must, at such time as it may appoint, proceed to try
the impeachment, and may adjourn the trial from time to time until
concluded.
Two-thirds necessary to conviction. The defendant cannot be
convicted on an impeachment, without the concurrence of two-thirds of
the members present during the trial; and if such two-thirds do not
concur in a conviction, the defendant must be declared acquitted.
Judgment on conviction, how pronounced. After conviction, the
court must immediately, or at such other time as it may appoint,
pronounce judgment, in the form of a resolution, entered upon the
minutes of the court. The vote upon the passage thereof must be taken
by yeas and nays, and must also be entered upon the minutes.
Adoption of resolution. On the adoption of the resolution, by a
majority of the members present, who voted on the question of acquittal
or conviction, it becomes the judgment of the court.
Nature of the judgment. Upon conviction, the judgment must be
either:
1. That the defendant be removed from office; or
2. That he be removed from office and disqualified to hold and enjoy a
particular office or class of offices, or any office of profit, trust or
honor whatever under this state.
Officer, when impeached, disqualified to act until acquitted.
No officer shall exercise his office, after articles of impeachment
against him shall have been delivered to the senate, until he is
acquitted.
Presiding officer, when president of the senate is impeached.
If the president of the senate be impeached, notice of the impeachment
must be immediately given to the senate by the assembly, that another
president may be chosen.
Impeachment, not a bar to indictment. If the offense for which
the defendant is impeached be a crime, the prosecution thereof is not
barred by the impeachment.
ARTICLE 14 Law Reporting
Law reporting bureau; state reporter. There is hereby created
and established the law reporting bureau of the state of New York. The
bureau shall be under the direction and control of a state reporter, who
shall be appointed and be removable by the court of appeals by an order
entered in its minutes. The state reporter shall be assisted by a first
deputy state reporter and such other deputy state reporters and such
staff as may be necessary, all of whom shall be appointed and be
removable by the court of appeals.
Causes to be reported. The law reporting bureau shall report
every cause determined in the court of appeals and every cause
determined in the appellate divisions of the supreme court, unless
otherwise directed by the court deciding the cause; and, in addition,
any cause determined in any other court which the state reporter, with
the approval of the court of appeals, considers worthy of being reported
because of its usefulness as a precedent or its importance as a matter
of public interest.
Each reported decision shall be published as soon as practicable after
it is rendered.
Copies of opinions, decisions and papers to be furnished to
state reporter. With the exception of court of appeals and appellate
division causes directed not to be reported, as provided in section four
hundred thirty-one of this article, the judges or justices of every
court of record, including surrogates, shall promptly cause to be
delivered to the state reporter, without charge, a copy of every written
opinion rendered in causes determined therein. The judges or justices of
the court of appeals and of the appellate divisions and the appellate
terms of the supreme court shall, in addition, cause to be delivered to
the state reporter, without charge, a list of all decisions rendered by
the respective courts, together with copies of such points of counsel
and records and papers on appeal, if practicable, as the state reporter
may require.
Contents of reports. The law reporting bureau shall prepare and
publish with the reports the usual headnotes, tables and indexes and in
the report of every cause determined in the court of appeals and the
appellate divisions of the supreme court the name of the judge or
justice who presided at the hearing or trial of such cause in the court
of original jurisdiction. The report of a cause, in addition to the
opinion, or opinions shall contain as much of the facts, arguments of
counsel, decision, or any other matter in the cause as the state
reporter shall deem necessary.
Printing and publication of reports. Causes determined in the
court of appeals shall be published and printed in bound volumes
entitled "New York Reports". Causes determined in the appellate
divisions of the supreme court shall be published and printed in bound
volumes entitled "Appellate Division Reports Supreme court". Causes
determined in any other court shall be printed and published in bound
volumes entitled "Miscellaneous Reports".
Such reports shall contain all of the matter prepared and published by
the law reporting bureau pursuant to the provisions of section four
hundred thirty-three of the judiciary law.
The legislature may appropriate such state moneys as may be necessary
to secure the printing and publications of said reports in accordance
with the provisions of this section.
Contracts for publication of reports. 1. The printing and
publication of the court of appeals reports, the appellate division
reports, the miscellaneous reports and the combined official series
shall be done under contract as hereinafter provided.
2. Said contract shall be let and said publication shall be made by
and under the direction of the state reporter.
3. In each year immediately preceding the expiration of the contract
to be let as hereinafter provided, the state reporter shall give notice
that a contract will be let for said printing and publication, together
with a reference to this section, and that on or before the first day of
April in such year, the state reporter will receive sealed proposals for
such contract. Such notice shall be given beginning in the first week of
January in the procurement opportunities newsletter published by the
commissioner of economic development pursuant to section one hundred
forty-two of the economic development law.
4. Said contract shall be let to the person who will publish and sell
said reports and said combined official series, together with the weekly
advance sheets thereof, and furnish the required copies to the various
state and county officials, on terms deemed by said state reporter most
advantageous to the public and the state, regard being had to the proper
execution of the work. Said contract shall be let not earlier than the
first of May, nor later than the first of June, in such years.
5. (a) Said contract shall require the contractor to continue to
publish such reports and the combined official series thereof (with
weekly advance sheets thereof to be published as early as practicable
after the decisions of said courts shall be handed down), and shall fix
the prices at which said publications and each of them, in the various
styles of binding and weights and quality of paper, and the sizes and
the number of pages of each, shall be delivered within the state of New
York.
(b) Said contract also shall provide that the contractor may produce
and market such reports and the combined official series thereof in any
medium or format, besides bound volumes and printed advance sheets,
including but not limited to microfiche, ultrafiche, on-line computer
retrieval data base, and CD-ROM (compact disc-read only memory), subject
to prior approval by the state reporter and the chief judge of the court
of appeals.
6. Said contract shall require the contractor to furnish the state
library with fifty-eight copies of the court of appeals and appellate
division reports and three copies of the miscellaneous reports, and also
to furnish copies of each of said publications as follows: One of each
to the clerk of each county, for the use of the county; one of each to
the attorney general, for the use of his office; one of each to the
state comptroller, for the use of his office; one of each to the clerk
of the court of appeals, for the use of that court, and one of each to
each judge or justice of a court of record, for the use of his office;
and one of each to the various public law libraries in the state, and
the expense of delivery thereof shall be borne by the state.
7. Publication under said contract shall commence on the first day of
January, nineteen hundred and forty-one, and shall continue until
December thirty-first, nineteen hundred and forty-five (unless said
contract is previously annulled by the state reporter); thereafter said
contracts shall be made for the period of five years each.
8. Said contractor shall agree that he will promptly after the
publication of each volume of said reports, and constantly thereafter,
keep the same on hand for open and public sale, and will deliver the
same, complete, bound and lettered, to any and to all persons desiring
to purchase, at a price for each which shall be fixed by said contract.
9. Said contract shall contain such other provisions as in the
judgment of the state reporter may be necessary to safeguard the
interests of the state and of the public, and shall be subject to the
approval of the chief judge of the court of appeals. The form of the
proposed contract complete as to all its terms, except the prices to be
paid the contractor, shall be prepared by the state reporter and be
placed on file in the office of the law reporting bureau on or before
the day of the first publication of notice under subdivision three of
this section.
10. To every proposal there shall be annexed a bond executed by the
proposed contractor, with sureties conditioned for the faithful
performance of said contract, which bond shall be approved as to form,
manner of execution, amount and sufficiency of sureties, by the chief
judge of the court of appeals.
11. The right to reject any and every proposal if deemed unfavorable
or disadvantageous is reserved to the state reporter, and the state
reporter may readvertise until bids advantageous to the state and to the
public have been secured.
12. If the state reporter determines that a contract has not been
faithfully kept and performed by the contractor, or whenever in the
judgment of the state reporter the public interest may so require, of
which the state reporter shall be exclusive judge and his decision shall
be final, the state reporter may, by an instrument in writing signed by
him and approved by the chief judge of the court of appeals and filed in
the office of the secretary of state, modify said contract in the
interest of justice, or annul said contract from a time specified in
said instrument and thereupon immediately enter into a new contract
likewise to be approved by the chief judge of the court of appeals.
13. Neither the state reporter nor any of his deputies nor any of the
employees of the law reporting bureau shall have any pecuniary interest
in said reports or said contracts.
14. Nothing provided in this article shall affect the obligation of
any contracts for the printing and publication of the aforementioned
reports, or any of them, in force on July first, nineteen hundred
thirty-eight; but the state reporter shall succeed to all the powers,
rights and interests with respect to said contracts, possessed by the
previous official reporters or board of reporters by whom said contracts
were let.
Qualifications of state reporter and deputies. No one shall be
appointed to the office of state reporter or of deputy state reporter
who is not an attorney and counselor of this state; provided, however,
that the limitation contained herein with respect to appointment to the
office of deputy state reporter shall not apply to any deputy supreme
court reporter or assistant supreme court reporter transferred from the
office of the supreme court reporter to the law reporting bureau in
accordance with the direction contained in section six of chapter four
hundred ninety-four of the laws of nineteen hundred thirty-eight.
Compensation of state reporter and deputy state reporter;
reporters; office expense; fees. The state reporter shall receive an
annual salary of nine thousand dollars, and the first deputy reporter an
annual salary of seven thousand five hundred dollars. In addition
thereto, such allowances shall be made for any other deputies, for clerk
hire and for office expenses as the legislature shall from time to time
direct.
Neither the state reporter nor any of his deputies nor any of the
employees of the law reporting bureau shall receive to his own use any
moneys or fees derived from the sale of any reports or of any copies of
opinions, but all such moneys and fees shall be paid into the treasury
of the state.
Duty of state reporter on expiration of term. The state
reporter must, on the appointment of his successor, deliver to him all
papers in his hands, pertaining to a cause which he has not reported, or
which are not necessary to be retained by him to complete the
publication of a volume which is then partly printed. After the
expiration of his term of office he shall not deliver a paper specified
in this section, or a copy thereof, to any person other than his
successor in office, or the publisher of a partly printed volume; except
that a copy of such a paper may be furnished by him, during a vacancy in
the office, to a judge of the court, or to the attorney for a party to
the cause to which it relates.
Copyright of notes prepared by law reporting bureau. The
copyright of the statement of facts, of the head notes and of all other
notes or references prepared by the law reporting bureau must be taken
by and shall be vested in the secretary of state for the benefit of the
people of the state. The secretary of state is authorized by a writing
filed in his office to grant to any person, firm or corporation, under
such terms and conditions as he and the chief judge of the state of New
York may determine to be for the best interests of the state, the right
to publish the above mentioned copyrighted matter.
ARTICLE 15 Attorneys and Counsellors
Examination and admission of attorneys. An applicant for
admission to practice as an attorney or counsellor in this state, must
be examined and licensed to practice as prescribed in this chapter and
in the rules of the court of appeals. Race, creed, color, national
origin, noncitizen status or sex shall constitute no cause for refusing
any person examination or admission to practice.
Applications for special arrangements. 1. The state board of
law examiners shall provide a procedure for review of applications for
special arrangements from any person applying for examination for
admission to practice as an attorney and counsellor-at-law which shall
include provisions that if the applicant's claim for special
arrangements is denied, such board shall provide the applicant an appeal
of the decision before the full board prior to the date of the
examination for which such special arrangements were requested.
2. The state board of law examiners shall render an annual report on
the number of law examinees each time a test is given; the number of
those examinees requesting special arrangements; the types of special
arrangements requested; and those requests granted and/or denied.
Compensation of state board of law examiners; appointment and
compensation of employees. The court of appeals shall fix the
compensation of the members of the state board of law examiners
appointed by it as provided by section fifty-six of this chapter. The
court of appeals may provide and furnish proper and suitable quarters
for said board in the court of appeals hall or authorize it to procure
the same elsewhere in the city of Albany; and may authorize said board
to appoint and remove a clerk, a stenographer and other necessary
employees whose compensation shall be fixed by the court. The
compensation of members of said board, and of the clerk, stenographer
and other employees of the board shall be fixed within the amount
annually provided by appropriation. All such compensation and expenses
shall be paid after audit by and upon the warrant of the comptroller in
the manner provided by law.
Annual account by state board of law examiners. The state board
of law examiners shall render an annual account of all its receipts and
disbursements to the court of appeals.
Times and places of examinations. There shall be examinations
of all persons applying for admission to practice as attorneys and
counsellors-at-law at least twice in each year in each judicial
department, and at such other times and places as the court of appeals
may direct.
Certification by state board of successful candidates. Every
person who shall pass the examination, and every person who has received
a dispensation from the taking of the examination, shall be certified by
the state board of law examiners to the appellate division of the
supreme court of the department specified in the rules of the court of
appeals, provided such person shall have in other respects complied with
the rules regulating admission to practice as attorneys and counsellors,
which fact shall be determined by said board before certification.
Fee for examinations and for credential review for admission on
motion; disposition; refunds; funds. 1. Every person applying for
examination for admission to practice as an attorney and counselor at
law shall pay a fee of two hundred fifty dollars, or seven hundred fifty
dollars if, to qualify to take the bar examination, the person must
satisfy the rules of the court of appeals for the admission of attorneys
and counselors at law governing the study of law in a foreign country,
for each taking or retaking of the examination, or if dispensation has
been received from the taking of the examination, four hundred dollars
for credential review for admission on motion. All such fees shall be
paid into the state treasury in the manner provided by section one
hundred twenty-one of the state finance law.
2. Moneys heretofore or hereafter received by the board as fees
pursuant to this section may, within three years from the receipt
thereof, be refunded to the applicant paying the same, on satisfactory
proof that:
a. Such moneys were in excess of the amount required by this section,
to the extent of such excess, or
b. The applicant failed to take the examination for which such fee was
paid because of illness, removal from the state or for any other reason
or cause which, in the judgment and discretion of the board, justified
or excused his failure to take such examination.
Such refunds shall, upon approval by the board and after audit by the
state comptroller, be paid from moneys appropriated for such purpose.
Attorney's oath of office. 1. Each person, admitted as
prescribed in this chapter must, upon his or her admission, take the
constitutional oath of office in open court, and subscribe the same in a
roll or book, to be kept in the office of the clerk of the appellate
division of the supreme court for that purpose.
2. Any person now in actual service in the armed forces of the United
States or whose induction or enlistment therein is imminent, or within
sixty days after such person (1) has been honorably discharged, or (2)
has received a discharge other than bad conduct or dishonorable from
such service, if such person has a qualifying condition, as defined in
section one of the veterans' services law, or (3) has received a
discharge other than bad conduct or dishonorable from such service, if
such person is a discharged LGBT veteran, as defined in section one of
the veterans' services law, if the appellate division of the supreme
court in the department in which such person resides is not in session,
may subscribe and take the oath before a justice of that court, with the
same force and effect as if it were taken in open court, except that in
the first department the oath must be taken before the presiding justice
or, in his or her absence, before the senior justice.
Registration of attorneys. The clerks of each appellate
division shall forward to the clerk of the court of appeals and the
chief administrator of the courts a list of attorneys newly admitted to
practice. Such list shall be forwarded at such times and in such form as
the clerk of the court of appeals and the chief administrator shall
provide.
Official registration of attorneys to be kept by the chief
administrator of the courts. 1. It shall be the duty of the chief
administrator of the courts to enter in a bound book or volume to be
kept by him for that purpose, which shall be known and designated as and
is hereby made the "official register of attorneys and
counsellors-at-law in the state of New York," the names and residences
of attorneys newly admitted to practice in the alphabetical order of the
first letter of their surnames, the title of the court and the time and
place where admitted. The said "official register of attorneys and
counsellors-at-law in the state of New York," is hereby declared to be a
public record and presumptive evidence that the individuals therein
named were admitted to practice as attorneys and counsellors-at-law in
the courts of record of this state.
2. The chief administrator shall provide the public with information
contained in such official register. Upon request, the office of court
administration shall disclose whether a person is registered as an
attorney as required by section four hundred sixty-eight-a of this
chapter. Where the official register indicates that an attorney has
resigned from the bar, or has been removed or suspended from practice by
an appellate division of the supreme court and has not been readmitted
to practice, that fact shall also be disclosed.
Biennial registration of attorneys. 1. Every attorney and
counsellor-at-law admitted to practice in this state on or before
January first, nineteen hundred eighty-two, whether resident or
nonresident, shall file a biennial registration statement with the
administrative office of the courts on or before March first, nineteen
hundred eighty-two in such form as the chief administrator of the courts
shall prescribe. An attorney who is admitted to practice after January
first, nineteen hundred eighty-two and on or before January first,
nineteen hundred eighty-six, shall file a registration statement within
sixty days after the date of admission. An attorney who is admitted to
practice after January first, nineteen hundred eighty-six shall file a
registration statement prior to taking the constitutional oath of
office.
2. Attorneys shall register biennially on the dates prescribed by the
chief administrator. In the event of a change in information previously
submitted, an attorney shall file an amended statement within thirty
days of such change.
3. The chief administrator shall prescribe the form in which such
registry of attorneys shall be maintained and the procedures for public
access thereto, and may make all such other rules and regulations
necessary and appropriate to implement and enforce the provisions of
this section.
4. The biennial registration fee shall be three hundred seventy-five
dollars, sixty dollars of which shall be allocated to and be deposited
in a fund established pursuant to the provisions of section
ninety-seven-t of the state finance law, fifty dollars of which shall be
allocated to and shall be deposited in a fund established pursuant to
the provisions of section ninety-eight-b of the state finance law,
twenty-five dollars of which shall be allocated to be deposited in a
fund established pursuant to the provisions of section ninety-eight-c of
the state finance law, and the remainder of which shall be deposited in
the attorney licensing fund. Such fee shall be required of every
attorney who is admitted and licensed to practice law in this state,
whether or not the attorney is engaged in the practice of law in this
state or elsewhere, except attorneys who certify to the chief
administrator of the courts that they have retired from the practice of
law.
5. Noncompliance by an attorney with the provisions of this section
and the rules promulgated hereunder shall constitute conduct prejudicial
to the administration of justice and shall be referred to the
appropriate appellate division of the supreme court for disciplinary
action.
Clients' security fund of the state of New York. 1. The court
of appeals shall appoint a board of trustees to administer the lawyers'
fund for client protection of the state of New York established pursuant
to section ninety-seven-t of the state finance law. Such board shall
consist of seven members. Of the trustees first appointed, three shall
be appointed for a term of three years; two for a term of two years; and
two for a term of one year. As each such term expires, each new
appointment shall be for a term of three years. The court of appeals may
require such reports or audits of the board as it shall from time to
time deem to be necessary or desirable.
2. The board shall have the power to receive, hold, manage and
distribute the funds collected hereunder for the purpose of maintaining
the integrity and protecting the good name of the legal profession by
reimbursing, in the discretion of the trustees to the extent they may
deem proper and reasonable, losses caused by the dishonest conduct of
attorneys admitted to practice in this state. For purposes of this
section, the term "dishonest conduct" shall mean misappropriation or
wilful misapplication of clients' money, securities, or other property,
by an attorney admitted to practice in this state.
3. The board of trustees shall adopt regulations for the
administration of the lawyers' fund for client protection of the state
of New York and the procedures for presentation, consideration,
allowance and payment of claims, including the establishment of a
maximum limitation for awards to claimants.
4. The board of trustees shall have the sole discretion to determine
the merits of claims presented for reimbursement, the amount of such
reimbursement and the terms under which such reimbursement shall be
made. Such terms of reimbursement shall require that the claimant
execute such instruments, take such action or enter into such agreements
as the board of trustees shall require, including assignments,
subrogation agreements and promises to cooperate with the board of
trustees in making claims against the attorney whose dishonest conduct
resulted in the claim.
5. The board of trustees shall serve without compensation but shall be
entitled to receive their actual and necessary expenses incurred in the
discharge of their duties.
6. The board of trustees may employ and at pleasure remove such
personnel as it may deem necessary for the performance of its functions
and fix their compensation within the amounts made available therefor.
7. The board of trustees shall be considered employees of the state
for the purpose of section seventeen of the public officers law.
8. All payments from the lawyers' fund for client protection of the
state of New York shall be made by the state comptroller upon
certification and authorization of the board of trustees of said fund.
9. Acceptance of an award of reimbursement from the lawyers' fund for
client protection shall, to the extent of such award, (a) subrogate the
fund to any right or cause of action that accrued to the claimant as a
consequence of the dishonest conduct that resulted in the claimant's
award and (b) create a lien in favor of the fund that shall attach to
any money asset that is designated to be paid to the claimant from, or
on behalf of, the attorney who caused the claimant's loss. If the fund
fully reimburses the claimant's loss, as determined by the board of
trustees, the lien shall be in the amount of the fund's award. If the
claimant's loss exceeds the fund's award, the lien shall not extend to
the claimant's right to recover additional restitution from the attorney
for the claimant's unreimbursed loss. In the event of a recovery by the
fund, a claimant shall be entitled to any money recovered in excess of
the fund's award of reimbursement to the claimant.
Continuance where attorney is member of legislature. When a
party to a civil action or proceeding shows by his or his attorney's
affidavit that his attorney is a member of the legislature of the state
of New York, that the legislature is in regular or special session or
that not more than ten days have elapsed since the adjournment sine die
of such session, that such attorney is the only one employed by the
party who is prepared to try the cause, and that due to the performance
of his legislative duties he is then unable to try the cause, the court
shall grant a stay of the trial without prejudice to its place on the
calendar, provided that no such stay shall extend to more than ten days
after the adjournment sine die of the session of the legislature.
Attorneys having offices in this state may reside in adjoining
state. A person, regularly admitted to practice as an attorney and
counsellor, in the courts of record of this state, whose office for the
transaction of law business is within the state, may practice as such
attorney or counsellor, although he resides in an adjoining state.
Attorney who is judge's partner or clerk prohibited from
practicing before him or in his court. The law partner or clerk of a
judge shall not practice before him, as attorney or counsellor in any
cause, or be employed in any cause which originated before him. A law
partner of, or person connected in law business with a judge, shall not
practice or act as an attorney or counsellor, in a court, of which the
judge is, or is entitled to act as a member, or in a cause originating
in that court; except where the latter is a member of a court, ex
officio, and does not officiate or take part, as a member of that court,
in any of the proceedings therein.
Attorney who is surrogate's parent or child prohibited from
practicing berfore him. A surrogate's parent or child shall not practice
or be employed as attorney or counsel, in any case, in which his partner
or clerk is prohibited by law from so practicing, or being employed.
Constables, coroners, criers and attendants prohibited from
practicing during term of office. A constable, coroner, crier, or
attendant of a court, shall not, during his continuance in office,
practice as an attorney or counsellor in any court, nor shall a sheriff,
under-sheriff, deputy-sheriff, or sheriff's clerk so practice in the
county in which he is elected or appointed.
Compensation of attorney or counsellor. The compensation of an
attorney or counsellor for his services is governed by agreement,
express or implied, which is not restrained by law, except that no
agreement made hereafter between an attorney and a guardian of an infant
for the compensation of such attorney, dependent upon the success of the
prosecution by said attorney of a claim belonging to said infant, or by
which such attorney is to receive a percentage of any recovery or award
in behalf of such infant or a sum equal to a percentage of any such
recovery or award, shall be valid or enforceable unless made as
hereinafter provided. An attorney may contract with the guardian of an
infant to prosecute, by suit or otherwise, any claim for the benefit of
an infant for a compensation to said attorney dependent upon the success
in the prosecution of such claim, subject to the power of the court, as
hereinafter provided, to fix the amount of such compensation. Whenever
such a contract shall have been entered into between an attorney and a
guardian of an infant, upon the recovery of a judgment, or the obtaining
of an award in behalf of the said infant, or upon any compromise or
settlement of such claim, the attorney may apply, upon notice to the
guardian, to the judge, justice or surrogate before whom the said action
or proceeding was tried, or to whom an application for compromise or
settlement was made, in case the said action or proceeding was tried, or
the said application was made at a court held within this state; or to a
special term of said court, in case the said action or proceeding was
tried before some person other than a justice thereof, or said claim was
compromised or settled after said suit was begun, or in case of the
death or disability of the judge or justice before whom the action was
tried; or to special term of the supreme court in case the recovery,
award, compromise or settlement was not had in any court of this state.
Such application shall set forth briefly the contract, the services
performed by the attorney and pray that there be awarded to him a
suitable amount out of the recovery, award, compromise or settlement
obtained through his efforts as attorney on behalf of the infant. The
court, judge or surrogate to which such application is made, upon being
satisfied that due notice of the said application as been given to the
said guardian, shall proceed summarily to determine the value of the
services of said attorney, taking such proof from either the attorney or
the guardian by affidavit, reference or the examination of witnesses
before the said court, judge or surrogate, as may seem to be necessary
and proper, and shall thereupon make an order determining the suitable
compensation for the attorney for his services therein, which sum shall
thereafter be received by the said attorney for his services in behalf
of the said infant; and no other compensation shall be paid or allowed
by the guardian for such services out of the estate of said infant. If
a copy of such order awarding the compensation with notice of entry be
thereafter served by the said attorney upon the adverse party to the
said litigation or the person making such compromise or settlement and
upon the custodian of the funds recovered, in case there be such
custodian, such award shall become and constitute a lien to the amount
thereof on behalf of the said attorney upon such recovery, award,
settlement or fund.
Contingent fees for attorneys in claims or actions for
medical, dental or podiatric malpractice. 1. For the purpose of this
section, the term "contingent fee" shall mean any attorney's fee in any
claim or action for medical, dental or podiatric malpractice, whether
determined by judgment or settlement, which is dependent in whole or in
part upon the success of the prosecution by the attorney of such claim
or action, or which is to consist of a percentage of any recovery, or a
sum equal to a percentage of any recovery, in such claim or action.
2. Notwithstanding any inconsistent judicial rule, a contingent fee in
a medical, dental or podiatric malpractice action shall not exceed the
amount of compensation provided for in the following schedule:
30 percent of the first $250,000 of the sum recovered;
25 percent of the next $250,000 of the sum recovered;
20 percent of the next $500,000 of the sum recovered;
15 percent of the next $250,000 of the sum recovered;
10 percent of any amount over $1,250,000 of the sum recovered.
3. Such percentages shall be computed on the net sum recovered after
deducting from the amount recovered expenses and disbursements for
expert testimony and investigative or other services properly chargeable
to the enforcement of the claim or prosecution of the action. In
computing the fee, the costs as taxed, including interest upon a
judgment, shall be deemed part of the amount recovered. For the
following or similar items there shall be no deduction in computing such
percentages: liens, assignments or claims in favor of hospitals, for
medical care, dental care, podiatric care and treatment by doctors and
nurses, or of self-insurers or insurance carriers.
4. In the event that claimant's or plaintiff's attorney believes in
good faith that the fee schedule set forth in subdivision two of this
section, because of extraordinary circumstances, will not give him
adequate compensation, application for greater compensation may be made
upon affidavit with written notice and an opportunity to be heard to the
claimant or plaintiff and other persons holding liens or assignments on
the recovery. Such application shall be made to the justice of the trial
part to which the action had been sent for trial; or, if it had not been
sent to a part for trial, then to the justice presiding at the trial
term calendar part of the court in which the action had been instituted;
or, if no action had been instituted, then to the justice presiding at
the trial term calendar part of the Supreme Court for the county in the
judicial department in which the attorney has an office. Upon such
application, the justice, in his discretion, if extraordinary
circumstances are found to be present, and without regard to the
claimant's or plaintiff's consent, may fix as reasonable compensation
for legal services rendered an amount greater than that specified in the
schedule set forth in subdivision two of this section, provided,
however, that such greater amount shall not exceed the fee fixed
pursuant to the contractual arrangement, if any, between the claimant or
plaintiff and the attorney. If the application is granted, the justice
shall make a written order accordingly, briefly stating the reasons for
granting the greater compensation; and a copy of such order shall be
served on all persons entitled to receive notice of the application.
5. Any contingent fee in a claim or action for medical, dental or
podiatric malpractice brought on behalf of an infant shall continue to
be subject to the provisions of section four hundred seventy-four of
this chapter.
Attorney retainer statements. The office of court
administation shall make available to the department of social services
copies of retainer statements or closing statements filed with the
office of court administration pursuant to the rules of the appellate
divisions, or relevant information contained therein, for the purpose of
enabling the department to compare a list of parties against the
department's public assistance and medical assistance recipient listings
in order for the department to determine the potential for recovery of
such assistance paid, consistent with applicable law.
Attorney's lien in action, special or other proceeding. From
the commencement of an action, special or other proceeding in any court
or before any state, municipal or federal department, except a
department of labor, or the service of an answer containing a
counterclaim, or the initiation of any means of alternative dispute
resolution including, but not limited to, mediation or arbitration, or
the provision of services in a settlement negotiation at any stage of
the dispute, the attorney who appears for a party has a lien upon his or
her client's cause of action, claim or counterclaim, which attaches to a
verdict, report, determination, decision, award, settlement, judgment or
final order in his or her client's favor, and the proceeds thereof in
whatever hands they may come; and the lien cannot be affected by any
settlement between the parties before or after judgment, final order or
determination. The court upon the petition of the client or attorney may
determine and enforce the lien.
Notice of lien. If prior to the commencement of an action,
arbitration, mediation or a form of alternative dispute resolution, or a
special or other proceeding, an attorney serves a notice of lien upon
the person or persons against whom his or her client has or may have a
claim or cause of action, the attorney has a lien upon the claim or
cause of action from the time such notice is given, which attaches to a
verdict, report, determination, decision, award, settlement or final
order in his or her client's favor of any court, arbitral tribunal or of
any state, municipal or federal department, except a department of
labor, and to any money or property which may be recovered on account of
such claim or cause of action in whatever hands they may come; and the
lien cannot be affected by any settlement between the parties after such
notice of lien is given. The notice shall, (1) be served by either
personal service or registered mail; (2) be in writing; (3) state that
the relationship of attorney and client has been established, the nature
of the claim or cause of action, and that the attorney claims a lien on
such claim or cause of action; (4) be signed by the client, or by a
person on his or her behalf whose relationship is shown, and which
signature shall also be witnessed by a disinterested person whose
address shall also be given; and (5) be signed by the attorney. A lien
obtained under this section shall otherwise have the same effect and be
enforced in the same manner as a lien obtained under section four
hundred seventy-five of this article.
Action against attorney for lending his name in suits and
against person using name. If an attorney knowingly permits a person not
being his general law partner, or a clerk in his office, to sue out a
mandate, or to prosecute or defend an action in his name, he, and the
person who so uses his name, each forfeits to the party against whom the
mandate has been sued out, or the action prosecuted or defended, the sum
of fifty dollars, to be recovered in an action.
Action for unlawful practice of the law. 1. The
attorney-general may maintain an action upon his or her own information
or upon the complaint of a private person or of a bar association
organized and existing under the laws of this state against any person,
partnership, corporation, or association, and any employee, agent,
director, or officer thereof who commits any act or engages in any
conduct prohibited by law as constituting the unlawful practice of the
law. The term "action" as used in this subdivision shall be construed to
include both civil actions and criminal actions.
The term "unlawful practice of the law" as used in this article shall
include, but is not limited to,
(a) any act prohibited by penal law sections two hundred seventy, two
hundred seventy-a, two hundred seventy-e, two hundred seventy-one, two
hundred seventy-five, two hundred seventy-five-a, two hundred
seventy-six, two hundred eighty or fourteen hundred fifty-two, or
(b) any other act forbidden by law to be done by any person not
regularly licensed and admitted to practice law in this state, or
(c) any act punishable by the supreme court as a criminal contempt of
court under section seven hundred fifty-B of this chapter.
2. Such a civil action may also be maintained by a bar association
organized and existing under the laws of the state of New York, upon an
application to the supreme court of the state of New York, or a justice
thereof, for leave to bring the same by such bar association on good
cause shown therefor and proof that a written request was made upon the
attorney-general to bring such an action and that more than twenty days
have elapsed since the making of such request and he or she has failed
or refused to bring such an action.
Injunction to restrain defendant from unlawful practice of
the law. In a civil action brought as prescribed in section four hundred
seventy-six-a of this article, the final judgment in favor of the
plaintiff shall perpetually restrain the defendant from the commission
or continuance of the act complained of. A temporary restraining order
to restrain the commission or continuance thereof may be granted upon
proof, by affidavit, that the defendant has violated any of the
provisions of such section. The provisions of statute or rule relating
generally to injunctions as provisional remedies in actions apply to
such a temporary restraining order and the proceedings thereupon, except
that the plaintiff shall not be required to file any undertaking before
the issuance of such temporary restraining order, shall not be liable
for costs and shall not be liable for damages sustained by reason of the
restraining order in cases where judgment is rendered in favor of the
person, firm or corporation sought to be enjoined.
Investigation by the attorney-general. 1. The
attorney-general is empowered to conduct an investigation of any
complaint of unlawful practice of the law and in connection therewith,
the attorney-general, his deputy, assistant, special assistant or other
officer designated by him for such purpose is empowered to subpoena
witnesses, compel their attendance, examine them under oath before him
or the supreme court of the state of New York, or a justice thereof, and
require the production of any books or papers which he deems relevant or
material to the inquiry. Such power of subpoena and of examination shall
not abate or terminate by reason of the commencement or pendency of any
action or proceeding brought by the attorney-general under section four
hundred seventy-six-a.
2. No person shall be excused from attending such inquiry in pursuance
to the mandates of a subpoena, or from producing a paper or book, or
from being examined or required to answer a question on the ground of
failure of tender or payment of a witness fee or mileage, unless at the
time of such appearance or production, as the case may be, such witness
makes demand for such payment as a condition precedent to the offering
of testimony or production required by the subpoena and unless such
payment is not thereupon made. Such provisions for payment of witness
fee or mileage do not apply to any officer, director or person in the
employ of any person, partnership, corporation, company, trust or
association whose conduct or practices are being investigated.
3. It shall be the duty of all public officers, their deputies,
assistants, subordinates, clerks or employees and all other persons to
render and furnish to the attorney-general, his deputy or other
designated officer when requested all information and assistance in
their possession or within their power. Any officer participating in
such inquiry who shall disclose to any person other than the
attorney-general the name of any witness examined or any other
information obtained upon such inquiry except as directed by the
attorney-general shall be guilty of a misdemeanor.
Settlement of actions for personal injury. If, in an action
commenced to recover damages for a personal injury or for death as the
result of a personal injury, an attorney having or claiming to have a
lien for services performed or to be performed who shall have appeared
for the person or persons having or claiming to have a right of action
for such injury or death, no settlement or adjustment of such action
shall be valid, unless consented to in writing by such attorney and by
the person or persons for whom he shall have appeared, or approved by an
order of the court in which such action is brought.
Practicing or appearing as attorney-at-law without being
admitted and registered. It shall be unlawful for any natural person to
practice or appear as an attorney-at-law or as an attorney and
counselor-at-law for a person other than himself or herself in a court
of record in this state, or to furnish attorneys or counsel or an
attorney and counsel to render legal services, or to hold himself or
herself out to the public as being entitled to practice law as
aforesaid, or in any other manner, or to assume to be an attorney or
counselor-at-law, or to assume, use, or advertise the title of lawyer,
or attorney and counselor-at-law, or attorney-at-law or
counselor-at-law, or attorney, or counselor, or attorney and counselor,
or equivalent terms in any language, in such manner as to convey the
impression that he or she is a legal practitioner of law or in any
manner to advertise that he or she either alone or together with any
other persons or person has, owns, conducts or maintains a law office or
law and collection office, or office of any kind for the practice of
law, without having first been duly and regularly licensed and admitted
to practice law in the courts of record of this state, and without
having taken the constitutional oath. Provided, however, that nothing in
this section shall be held to apply (1) to officers of societies for the
prevention of cruelty to animals, duly appointed, when exercising the
special powers conferred upon such corporations under section fourteen
hundred three of the not-for-profit corporation law; or (2) to law
students who have completed at least two semesters of law school or
persons who have graduated from a law school, who have taken the
examination for admittance to practice law in the courts of record in
the state immediately available after graduation from law school, or the
examination immediately available after being notified by the board of
law examiners that they failed to pass said exam, and who have not been
notified by the board of law examiners that they have failed to pass two
such examinations, acting under the supervision of a legal aid
organization when such students and persons are acting under a program
approved by the appellate division of the supreme court of the
department in which the principal office of such organization is located
and specifying the extent to which such students and persons may engage
in activities otherwise prohibited by this statute; or (3) to law
students who have completed at least two semesters of law school, or to
persons who have graduated from a law school approved pursuant to the
rules of the court of appeals for the admission of attorneys and
counselors-at-law and who have taken the examination for admission to
practice as an attorney and counselor-at-law immediately available after
graduation from law school or the examination immediately available
after being notified by the board of law examiners that they failed to
pass said exam, and who have not been notified by the board of law
examiners that they have failed to pass two such examinations, when such
students or persons are acting under the supervision of the state or a
subdivision thereof or of any officer or agency of the state or a
subdivision thereof, pursuant to a program approved by the appellate
division of the supreme court of the department within which such
activities are taking place and specifying the extent to which they may
engage in activities otherwise prohibited by this statute and those
powers of the supervising governmental entity or officer in connection
with which they may engage in such activities; or (4) an attorney and
counselor-at-law or the equivalent who is admitted to the bar in another
state, territory, district or foreign country and who has been admitted
to practice pro hac vice in the state of New York within the limitations
prescribed in the rules of the court of appeals; or (5) an attorney
licensed as a legal consultant under rules adopted by the court of
appeals pursuant to subdivision six of section fifty-three of this
chapter and rendering legal services in the state within limitations
prescribed in such rules.
Soliciting business on behalf of an attorney. It shall be
unlawful for any person or his agent, employee or any person acting on
his behalf, to solicit or procure through solicitation either directly
or indirectly legal business, or to solicit or procure through
solicitation a retainer, written or oral, or any agreement authorizing
an attorney to perform or render legal services, or to make it a
business so to solicit or procure such business, retainers or
agreements.
Entering hospital to negotiate settlement or obtain release or
statement. It shall be unlawful for any person to enter a hospital for
the purpose of negotiating a settlement or obtaining a general release
or statement, written or oral, from any person confined in said hospital
or sanitarium as a patient, with reference to any personal injuries for
which said person is confined in said hospital or sanitarium within
fifteen days after the injuries were sustained, unless at least five
days prior to the obtaining or procuring of such general release or
statement such injured party has signified in writing his willingness
that such general release or statement be given. This section shall not
apply to a person entering a hospital for the purpose of visiting a
person therein confined, as his attorney or on behalf of his attorney.
Aiding, assisting or abetting the solicitation of persons or
the procurement of a retainer for or on behalf of an attorney. It shall
be unlawful for any person in the employ of or in any capacity attached
to any hospital, sanitarium, police department, prison or court, or for
a person authorized to furnish bail bonds, to communicate directly or
indirectly with any attorney or person acting on his behalf for the
purpose of aiding, assisting or abetting such attorney in the
solicitation of legal business or the procurement through solicitation
of a retainer, written or oral, or any agreement authorizing the
attorney to perform or render legal services.
Employment by attorney of person to aid, assist or abet in the
solicitation of business or the procurement through solicitation of a
retainer to perform legal services. It shall be unlawful for an attorney
to employ any person for the purpose of soliciting or aiding, assisting
or abetting in the solicitation of legal business or the procurement
through solicitation either directly or indirectly of a retainer,
written or oral, or of any agreement authorizing the attorney to perform
or render legal services.
Signs advertising services as attorney at law. It shall be
unlawful for any person to maintain on real property or to permit or
allow any other person to maintain, on such property a sign, in any
language, to the effect that an attorney-at-law or legal services are
available therein unless the full name of the attorney-at-law or the
firm rendering such services is set forth thereon. In any prosecution
for violation of the provisions of this section the existence of such a
sign on real property shall be presumptive evidence that it was placed
or permitted to exist thereon with the knowledge and consent of the
person or persons in possession of said premises.
None but attorneys to practice in the state. No natural person
shall ask or receive, directly or indirectly, compensation for appearing
for a person other than himself as attorney in any court or before any
magistrate, or for preparing deeds, mortgages, assignments, discharges,
leases or any other instruments affecting real estate, wills, codicils,
or any other instrument affecting the disposition of property after
death, or decedents' estates, or pleadings of any kind in any action
brought before any court of record in this state, or make it a business
to practice for another as an attorney in any court or before any
magistrate unless he has been regularly admitted to practice, as an
attorney or counselor, in the courts of record in the state; but nothing
in this section shall apply (1) to officers of societies for the
prevention of cruelty to animals, duly appointed, when exercising the
special powers conferred upon such corporations under section fourteen
hundred three of the not-for-profit corporation law; or (2) to law
students who have completed at least two semesters of law school or
persons who have graduated from a law school, who have taken the
examination for admittance to practice law in the courts of record in
the state immediately available after graduation from law school, or the
examination immediately available after being notified by the board of
law examiners that they failed to pass said exam, and who have not been
notified by the board of law examiners that they have failed to pass two
such examinations, acting under the supervision of a legal aid
organization, when such students and persons are acting under a program
approved by the appellate division of the supreme court of the
department in which the principal office of such organization is located
and specifying the extent to which such students and persons may engage
in activities prohibited by this statute; or (3) to persons who have
graduated from a law school approved pursuant to the rules of the court
of appeals for the admission of attorneys and counselors-at-law and who
have taken the examination for admission to practice as an attorney and
counselor-at-law immediately available after graduation from law school
or the examination immediately available after being notified by the
board of law examiners that they failed to pass said exam, and who have
not been notified by the board of law examiners that they have failed to
pass two such examinations, when such persons are acting under the
supervision of the state or a subdivision thereof or of any officer or
agency of the state or a subdivision thereof, pursuant to a program
approved by the appellate division of the supreme court of the
department within which such activities are taking place and specifying
the extent to which they may engage in activities otherwise prohibited
by this statute and those powers of the supervising governmental entity
or officer in connection with which they may engage in such activities;
or (4) an attorney and counselor-at-law or the equivalent who is
admitted to the bar in another state, territory, district or foreign
country and who has been admitted to practice pro hac vice in the State
of New York within the limitations prescribed in the rules of the court
of appeals; or (5) an attorney licensed as a legal consultant under
rules adopted by the court of appeals pursuant to subdivision six of
section fifty-three of this chapter and rendering legal services in the
state within limitations prescribed in such rules.
Violation of certain preceding sections a misdemeanor. Except
as provided in section four hundred eighty-five-a of this article, any
person violating the provisions of section four hundred seventy-eight,
four hundred seventy-nine, four hundred eighty, four hundred eighty-one,
four hundred eighty-two, four hundred eighty-three or four hundred
eighty-four of this article, shall be guilty of a misdemeanor.
Violation of certain sections a class E felony. Any person
who violates the provisions of sections four hundred seventy-eight, four
hundred eighty-four, four hundred eighty-six or four hundred ninety-five
of this article is guilty of a class E felony when he or she: (1)
falsely holds himself or herself out as a person licensed to practice
law in this state, a person otherwise permitted to practice law in this
state, or a person who can provide services that only attorneys are
authorized to provide; and (2) causes another person to suffer monetary
loss or damages exceeding one thousand dollars or other material damage
resulting from impairment of a legal right to which he or she is
entitled.
Practice of law by attorney who has been disbarred, suspended,
or convicted of a felony. Any person whose admission to practice as an
attorney and counselor-at-law has been revoked or who has been removed
from office as attorney and counselor-at-law or, being an attorney and
counselor-at-law, has been convicted of a felony or has been suspended
from practice and has not been duly and regularly reinstated, who does
any act forbidden by the provisions of this article to be done by any
person not regularly admitted to practice law in the courts of record of
this state, unless the judgment, decree or order suspending him shall
permit such act, shall be guilty of a misdemeanor unless otherwise
provided by section four hundred eighty-five-a of this article.
Conviction for felony of person who is an attorney and
counselor at law; notice thereof to be given by clerk to appropriate
appellate division of the supreme court. Whenever it appears from the
record that a person who has been convicted of any crime which is a
felony, is an attorney and counselor at law of this state, it shall be
the duty of the clerk of every court in which such conviction is had to
ascertain:
(a) the place and date of such person's admission to practice as
attorney and counselor at law; and
(b) his last office and residence addresses; and, within five days
after the imposition of sentence, to transmit a certified copy of the
judgment of conviction to the clerk of the appellate division of the
supreme court in the judicial department in which such person was
admitted to practice. Said copy of the judgment shall set forth, in
addition to all the facts usually stated therein, the place and the date
of admission to practice of such convicted attorney and his last office
and residence addresses.
Misconduct by attorneys. An attorney or counselor who:
1. Is guilty of any deceit or collusion, or consents to any deceit or
collusion, with intent to deceive the court or any party; or,
2. Wilfully delays his client's suit with a view to his own gain; or,
wilfully receives any money or allowance for or on account of any money
which he has not laid out, or becomes answerable for,
Is guilty of a misdemeanor, and in addition to the punishment
prescribed therefor by the penal law, he forfeits to the party injured
treble damages, to be recovered in a civil action.
Buying demands on which to bring an action. An attorney or
counselor shall not:
1. Directly or indirectly, buy, take an assignment of or be in any
manner interested in buying or taking an assignment of a bond,
promissory note, bill of exchange, book debt, or other thing in action,
with the intent and for the purpose of bringing an action thereon.
2. By himself or herself, or by or in the name of another person,
either before or after action brought, promise or give, or procure to be
promised or given, a valuable consideration to any person, as an
inducement to placing, or in consideration of having placed, in his or
her hands, or in the hands of another person, a demand of any kind, for
the purpose of bringing an action thereon, or of representing the
claimant in the pursuit of any civil remedy for the recovery thereof.
But this subdivision does not apply to:
a. an agreement between attorneys and counselors, or either, to divide
between themselves the compensation to be received;
b. a lawyer representing an indigent or pro bono client paying court
costs and expenses of litigation on behalf of the client;
c. a lawyer advancing court costs and expenses of litigation, the
repayment of which may be contingent on the outcome of the matter; or
d. a lawyer, in an action in which an attorney's fee is payable in
whole or in part as a percentage of the recovery in the action, paying
on the lawyer's own account court costs and expenses of litigation. In
such case, the fee paid to the attorney from the proceeds of the action
may include an amount equal to such costs and expenses incurred.
3. A lawyer that offers services as described in paragraphs b, c and d
of subdivision two of this section shall not, either directly or through
any media used to advertise or otherwise publicize the lawyer's
services, promise or advertise his or her ability to advance or pay
costs and expenses of litigation in such manner as to state or imply
that such ability is unique or extraordinary when such is not the case.
4. An attorney or counselor who violates the provisions of this
section is guilty of a misdemeanor.
Purchase of claims by corporations or collection agencies. 1.
No person or co-partnership, engaged directly or indirectly in the
business of collection and adjustment of claims, and no corporation or
association, directly or indirectly, itself or by or through its
officers, agents or employees, shall solicit, buy or take an assignment
of, or be in any manner interested in buying or taking an assignment of
a bond, promissory note, bill of exchange, book debt, or other thing in
action, or any claim or demand, with the intent and for the purpose of
bringing an action or proceeding thereon; provided however, that bills
receivable, notes receivable, bills of exchange, judgments or other
things in action may be solicited, bought, or assignment thereof taken,
from any executor, administrator, assignee for the benefit of creditors,
trustee or receiver in bankruptcy, or any other person or persons in
charge of the administration, settlement or compromise of any estate,
through court actions, proceedings or otherwise. Nothing herein
contained shall affect any assignment heretofore or hereafter taken by
any moneyed corporation authorized to do business in the state of New
York or its nominee pursuant to a subrogation agreement or a salvage
operation, or by any corporation organized for religious, benevolent or
charitable purposes. Any corporation or association violating the
provisions of this section shall be liable to a fine of not more than
five thousand dollars; any person or co-partnership, violating the
provisions of this section, and any officer, trustee, director, agent or
employee of any person, co-partnership, corporation or association
violating this section who, directly or indirectly, engages or assists
in such violation, is guilty of a misdemeanor.
2. Except as set forth in subdivision three of this section, the
provisions of subdivision one of this section shall not apply to any
assignment, purchase or transfer hereafter made of one or more bonds,
promissory notes, bills of exchange, book debts, or other things in
action, or any claims or demands, if such assignment, purchase or
transfer included bonds, promissory notes, bills of exchange and/or book
debts, issued by or enforceable against the same obligor (whether or not
also issued by or enforceable against any other obligors), having an
aggregate purchase price of at least five hundred thousand dollars, in
which event the exemption provided by this subdivision shall apply as
well to all other items, including other things in action, claims and
demands, included in such assignment, purchase or transfer (but only if
such other items are issued by or enforceable against the same obligor,
or relate to or arise in connection with such bonds, promissory notes,
bills of exchange and/or book debts or the issuance thereof).
3. The rights of an indenture trustee, its agents and employees shall
not be affected by the provisions of subdivision two of this section.
Limitation. Sections four hundred eighty-eight and four hundred
eighty-nine of this chapter do not prohibit the receipt of a bond,
promissory note, bill of exchange, book debt, or other thing in action,
in payment for property sold, or for services actually rendered, or for
a debt antecedently contracted; or from buying or receiving a bill of
exchange, draft, or other thing in action for the purpose of remittance.
Sharing of compensation by attorneys prohibited. 1. It shall be
unlawful for any person, partnership, corporation, or association to
divide with or receive from, or to agree to divide with or receive from,
any attorney-at-law or group of attorneys-at-law, whether practicing in
this state or elsewhere, either before or after action brought, any
portion of any fee or compensation, charged or received by such
attorney-at-law or any valuable consideration or reward, as an
inducement for placing, or in consideration of having placed, in the
hands of such attorney-at-law, or in the hands of another person, a
claim or demand of any kind for the purpose of collecting such claim, or
bringing an action thereon, or of representing claimant in the pursuit
of any civil remedy for the recovery thereof. But this section does not
apply to an agreement between attorneys and counsellors-at-law to divide
between themselves the compensation to be received.
2. Any person violating any of the provisions of this section is
guilty of a misdemeanor.
Use of attorney's name by another. If an attorney knowingly
permits any person, not being his general law partner or a clerk in his
office, to sue out any process or to prosecute or defend any action in
his name, except as authorized by this section, such attorney, and every
person who shall so use his name, is guilty of a misdemeanor.
Whenever an action or proceeding is authorized by law to be prosecuted
or defended in the name of the people, or of any public officer, board
of officers, or municipal corporation, on behalf of another party, the
attorney-general, or district attorney, or attorney of such public
officer or board or corporation may permit any proceeding therein, to be
taken in his name by an attorney to be chosen by the party in interest.
Attorneys forbidden to defend criminal prosecutions carried on
by their partners, or formerly by themselves. An attorney, who directly
or indirectly advises in relation to, or aids or promotes the defense of
any action or proceeding in any court, the prosecution of which is
carried on, aided or promoted by a person as district attorney or other
public prosecutor, with whom such attorney is directly or indirectly
connected as a partner; or who, having himself prosecuted or in any
manner aided or promoted any action of proceeding in any court, as
district attorney or other public prosecutor, afterwards directly or
indirectly advises in relation to, or takes any part in, the defense
thereof, as attorney or otherwise; or who takes or receives any valuable
consideration from or on behalf of any defendant in any such action,
upon any understanding or agreement whatever, express or implied, having
relation to the defense thereof, is guilty of a misdemeanor.
Attorneys may defend themselves. The last section does not
prohibit an attorney from defending himself in person, as attorney or as
counsel, when prosecuted either civilly or criminally.
Corporations and voluntary associations not to practice law. 1.
No corporation or voluntary association shall (a) practice or appear as
an attorney-at-law for any person in any court in this state or before
any judicial body, nor
(b) make it a business to practice as an attorney-at-law, for any
person, in any of said courts, nor
(c) hold itself out to the public as being entitled to practice law,
or to render legal services or advice, nor
(d) furnish attorneys or counsel, nor
(e) render legal services of any kind in actions or proceedings of any
nature or in any other way or manner, nor
(f) assume in any other manner to be entitled to practice law, nor
(g) assume, use or advertise the title of lawyer or attorney,
attorney-at-law, or equivalent terms in any language in such manner as
to convey the impression that it is entitled to practice law or to
furnish legal advice, services or counsel, nor
(h) advertise that either alone or together with or by or through any
person whether or not a duly and regularly admitted attorney-at-law, it
has, owns, conducts or maintains a law office or an office for the
practice of law, or for furnishing legal advice, services or counsel.
2. No corporation or voluntary association shall itself or by or
through its officers, agents or employees, solicit any claim or demand,
or taken an assignment thereof, for the purpose of representing any
person in the pursuit of any civil remedy, nor solicit any claim or
demand for the purpose of representing as attorney-at-law, or of
furnishing legal advice, services or counsel to, a person sued or about
to be sued in any action or proceeding or against whom an action or
proceeding has been or is about to be brought, or who may be affected by
any action or proceeding which has been or may be instituted in any
court or before any judicial body.
Nothing herein contained shall affect any assignment heretofore or
hereafter taken by any moneyed corporation authorized to do business in
the state of New York or its nominee pursuant to a subrogation agreement
or a salvage operation. Any corporation or voluntary association
violating the provisions of this subdivision or of subdivision one of
this section shall be liable to a fine of not more than five thousand
dollars and every officer, trustee, director, agent or employee of such
corporation or voluntary association who directly or indirectly engages
in any of the acts prohibited in this subdivision or in subdivision one
of this section or assists such corporation or voluntary association to
do such prohibited acts is guilty of a misdemeanor. The fact that such
officer, trustee, director, agent or employee shall be a duly and
regularly admitted attorney-at-law, shall not be held to permit or allow
any such corporation or voluntary association to do the acts so
prohibited nor shall such fact be a defense upon the trial of any of the
persons mentioned herein for a violation of the provisions of this
subdivision or subdivision one of this section.
3. No voluntary association or corporation shall ask or receive
directly or indirectly, compensation for preparing deeds, mortgages,
assignments, discharges, leases, or any other instruments affecting real
estate, wills, codicils, or any other instruments affecting disposition
of property after death or decedents' estates, or pleadings of any kind
in actions or proceedings of any nature. Any association or corporation
violating the provisions of this subdivision is guilty of a misdemeanor
unless otherwise provided by section four hundred eighty-five-a of this
article.
4. Subdivisions one and two of this section shall not apply to any
corporation or voluntary association lawfully engaged in a business
authorized by the provisions of any existing statute.
5. This section shall not apply to a corporation or voluntary
association lawfully engaged in the examination and insuring of titles
to real property, in the preparation of any deeds, mortgages,
assignments, discharges, leases or any other instruments affecting real
property insofar as such instruments are necessary to the examination
and insuring of titles, and necessary or incidental to loans made by any
such corporation or association; nor shall it prohibit a corporation or
voluntary association from employing an attorney or attorneys in and
about its own immediate affairs or in any litigation to which it is or
may be a party. Nothing herein contained shall be construed to prevent a
corporation or association from furnishing to any person, lawfully
engaged in the practice of law, such information or such clerical
services in and about his professional work as, except for the
provisions of this section, may be lawful, provided that at all times
the lawyer receiving such information or such services shall maintain
full professional and direct responsibility to his clients for the
information and services so received. But no corporation shall be
permitted to render any services which cannot lawfully be rendered by a
person not admitted to practice law in this state nor to solicit
directly or indirectly professional employment for a lawyer.
6. This section shall not apply to a corporation organized under
article fifteen, or authorized to do business in this state under
article fifteen-A, of the business corporation law.
7. This section does not apply to organizations which offer prepaid
legal services; to non-profit organizations whether incorporated or
unincorporated, organized and operating primarily for a purpose other
than the provision of legal services and which furnish legal services as
an incidental activity in furtherance of their primary purpose; or to
organizations which have as their primary purpose the furnishing of
legal services to indigent persons.
* § 496. An organization described in subdivision seven of section
four hundred ninety-five of this article shall file with the appellate
division department in which its principal office is located a statement
describing the nature and purposes of the organization, the composition
of its governing body, the type of legal services being made available,
and the names and addresses of any attorneys and counselors-at-law
employed by the organization or with whom commitments have been made. An
updating of this information shall be furnished the appropriate
appellate division on or before July first of each year and the names
and addresses of attorneys and counselors-at-law who rendered legal
services during that year shall be included.
* NB Enacted without section heading.
Attorneys fiduciary funds; interest-bearing accounts. 1. An
"interest on lawyer account" or "IOLA" is an unsegregated
interest-bearing deposit account with a banking institution for the
deposit by an attorney of qualified funds.
2. "Qualified funds" are moneys received by an attorney in a fiduciary
capacity from a client or beneficial owner and which, in the judgment of
the attorney, are too small in amount or are reasonably expected to be
held for too short a time to generate sufficient interest income to
justify the expense of administering a segregated account for the
benefit of the client or beneficial owner. In determining whether funds
are qualified for deposit in an IOLA account, an attorney may use as a
guide the regulation adopted by the board of trustees of the IOLA fund
pursuant to subdivision four of section ninety-seven-v of the state
finance law.
2-a. "Funds received in a fiduciary capacity" are funds received by an
attorney from a client or beneficial owner in the course of the practice
of law, including but not limited to funds received in an escrow
capacity, but not including funds received as trustee, guardian or
receiver in bankruptcy.
3. A "banking institution" means a bank, trust company, savings bank,
savings and loan association, credit union or foreign banking
corporation whether incorporated, chartered, organized or licensed under
the laws of this state or the United States, provided that such banking
institution conducts its principal banking business in this state.
4. (a) An attorney shall have discretion, in accordance with the code
of professional responsibility, to determine whether moneys received by
an attorney in a fiduciary capacity from a client or beneficial owner
shall be deposited in non-interest, or in interest bearing accounts. If
in the judgment of an attorney any moneys received are qualified funds,
such funds shall be deposited in an IOLA account in a banking
institution of his or her choice offering such accounts.
(b) The decision as to whether funds are nominal in amount or expected
to be held for a short period of time rests exclusively in the sound
judgment of the lawyer or law firm. Ordinarily, in determining the type
of account into which to deposit particular funds held for a client, a
lawyer or law firm shall take into consideration the following factors:
(i) the amount of interest the funds would earn during the period they
are expected to be deposited;
(ii) the cost of establishing and administering the account, including
the cost of the lawyer or law firm's services;
(iii) the capability of the banking institution, through
subaccounting, to calculate and pay interest earned by each client's
funds, net of any transaction costs, to the individual client.
(c) All qualified funds shall be deposited in an IOLA account unless
they are deposited in:
(i) a separate interest bearing account for the particular client or
client's matter on which the interest will be paid to the client; or
(ii) an interest bearing trust account at a banking institution with
provision by the bank or by the depositing lawyer or law firm for
computation of interest earned by each client's funds and the payment
thereof to the client.
(d) Notwithstanding the deposit requirements of this subdivision, no
attorney or law firm shall be liable in damages nor held to answer for a
charge of professional misconduct for failure to deposit qualified funds
in an IOLA account.
5. No attorney or law firm shall be liable in damages nor held to
answer for a charge of professional misconduct because of a deposit of
moneys to an IOLA account pursuant to a judgment in good faith that such
moneys were qualified funds.
6. a. An attorney or law firm which receives qualified funds in the
course of its practice of law and establishes and maintains an IOLA
account shall do so by (1) designating the account as "(name of
attorney/law firm IOLA account)" with the approval of the banking
institution; and (2) notifying the IOLA fund within thirty days of
establishing the IOLA account of the account number and name and address
of the banking institution where the account is deposited.
b. The rate of interest payable on any IOLA account shall be not less
than the rate paid by the banking institution on similar accounts
maintained at that institution, and the banking institution shall not
impose on such accounts any charges or fees greater than it imposes on
similar accounts maintained at that institution.
c. With respect to IOLA accounts, the banking institution shall:
(i) Remit at least quarterly any interest earned on the account
directly to the IOLA fund, after deduction of service charges or fees,
if any, are applied.
(ii) Transmit to the IOLA fund with each remittance a statement
showing at least the name of the account, service charges or fees
deducted, if any, and the amount of net interest remitted from such
account.
(iii) Transmit to each attorney or law firm which maintains an IOLA
account a statement showing at least the name of the account, service
charges or fees deducted, if any, and the amount of interest remitted
from such account.
(iv) Be permitted to impose reasonable service charges for the
preparation and issuance of the statement.
(v) Have no duty to inquire or determine whether deposits consist of
qualified funds.
7. a. Payment from an IOLA account to or upon the order of the
attorney maintaining such account shall be a valid and sufficient
release of any claims by any person or entity against any banking
institution for any payments so made.
b. Any remittance of interest to the IOLA fund by a banking
institution pursuant to this section shall be a valid and sufficient
release and discharge of any claims by any person or entity against such
banking institution for any payment so made, and no action shall be
maintained against any banking institution solely for opening, offering,
or maintaining an IOLA account, for accepting any funds for deposit to
any such account or for remitting any interest to the IOLA fund.
8. Nothing contained in this section shall be construed to require any
banking institution to offer, accept or maintain IOLA accounts.
9. All papers, records, documents or other information identifying an
attorney, client or beneficial owner of an IOLA account shall be
confidential and shall not be disclosed by a banking institution except
with the consent of the attorney maintaining the account or as permitted
by any law, regulation or adminstrative requirement.
10. An attorney or law firm that can establish that compliance with
subdivision six of this section has resulted in any banking service
charges or fees shall be entitled to reimbursement of such expense from
the interest on lawyer account fund by filing a claim with supporting
documentation with the fund.
Professional referrals. 1. There shall be no cause of action
for damages arising against any association or society of attorneys and
counsellors at law authorized to practice in the state of New York for
referring any person or persons to a member of the profession for the
purpose of obtaining legal services, provided that such referral was
made without charge and as a public service by said association or
society, and without malice, and in the reasonable belief that such
referral was warranted, based upon the facts disclosed.
2. The communications between a member or authorized agent of an
association or society of attorneys or counselors at law and any person,
persons or entity communicating with such member or authorized agent for
the purpose of seeking or obtaining a professional referral shall be
deemed to be privileged on the same basis as the privilege provided by
law for communications between attorney and client. Such privilege may
be waived only by the person, persons or entity who has furnished
information to the association or society, its members or authorized
agents.
3. For the purposes of this section, "association or society of
attorneys or counsellors at law" shall mean any such organization,
whether incorporated or unincorporated, which offers professional
referrals as an incidental service in the normal course of business, but
which business does not include the providing of legal services.
Lawyer assistance committees. 1. Confidential information
privileged. The confidential relations and communications between a
member or authorized agent of a lawyer assistance committee sponsored by
a state or local bar association and any person, firm or corporation
communicating with such committee, its members or authorized agents
shall be deemed to be privileged on the same basis as those provided by
law between attorney and client. Such privilege may be waived only by
the person, firm or corporation which has furnished information to the
committee.
2. Immunity from liability. Any person, firm or corporation in good
faith providing information to, or in any other way participating in the
affairs of, any of the committees referred to in subdivision one of this
section shall be immune from civil liability that might otherwise result
by reason of such conduct. For the purpose of any proceeding, the good
faith of any such person, firm or corporation shall be presumed.
ARTICLE 15-A State Commission On Prosecutorial Conduct
Establishment of commission. There is hereby created within
the executive department a state commission of prosecutorial conduct.
The commission shall have the authority to review and investigate the
conduct of prosecutors upon the filing of a complaint with the
commission to examine whether a prosecutor or prosecutors has committed
conduct in the course of his or her official duties or under color of
state law potentially violative of statutes, the legal rights of private
persons, whether statutory, constitutional or otherwise; case law; or
court rules, including, but not limited to the New York Rules of
Professional Conduct, 22 NYCRR 1200, or any subset thereof or successor
thereto, including but not limited to Rule 3.8 (Special Responsibilities
of Prosecutors and Other Government Lawyers).
Definitions. For the purposes of this article the following
terms have the following meanings:
1. "Commission" means the state commission on prosecutorial conduct.
2. "Prosecutor" means a district attorney or any assistant district
attorney of any county of the state in an action to exact any criminal
penalty, fine, sanction or forfeiture.
3. "Hearing" means a proceeding under subdivision four of section four
hundred ninety-nine-f of this article.
4. "Member of the bar" means a person admitted to the practice of law
in this state for at least five years.
5. "Retired judge" shall mean a former judge or justice of the unified
court system who was qualified as an attorney during such service and
served as such a judge or justice for at least five years.
State commission on prosecutorial conduct; organization. 1.
The commission shall consist of eleven members, of whom four shall be
appointed by the governor, one by the temporary president of the senate,
one by the minority leader of the senate, one by the speaker of the
assembly, one by the minority leader of the assembly and three by the
chief judge of the court of appeals.
(a) Of the members appointed by the governor, two shall be attorneys
providing public defense services who have provided such services for at
least five years, and two shall be active, former or retired prosecutors
with at least five years of prosecutorial experience.
(b) Of the members appointed by the chief judge, two shall be retired
judges, one of whom shall possess significant work experience providing
public defense services and one of whom shall have significant
prosecutorial experience; one shall be a full time law professor or dean
at an accredited law school with significant criminal law experience.
(c) Of the members appointed by the legislative leaders, two shall be
attorneys providing defense services and two shall be active, former, or
retired prosecutors. Each candidate for appointment as an attorney
providing defense services shall have provided such services for at
least five years and each candidate for appointment as an active, former
or retired prosecutor shall have had at least five years of
prosecutorial experience. After the speaker of the assembly and
temporary president of the senate shall have made their initial
appointments, the minority leaders of each house shall make their
appointments to the commission in a manner to ensure an equal number of
attorneys providing defense services and active, former or retired
prosecutors. After such initial appointments, successive appointments
must be made in a manner to ensure an equal number of attorneys
providing defense services and active, former or retired prosecutors. A
temporary imbalance in the number of prosecutors and defense attorneys
pending new appointments shall not prevent the commission from
conducting business.
2. Membership on the commission by a prosecutor shall not constitute
the holding of a public office and no prosecutor shall be required to
take and file an oath of office before serving on the commission. The
members of the commission shall elect one of their number to serve as
chairperson during his or her term of office or for a period of two
years, whichever is shorter. Members of the commission who fail to
participate for ninety days may be replaced by the original appointing
authority for the remainder of the term.
3. The persons first appointed by the governor shall have respectively
three and four year terms as he or she shall designate. The persons
first appointed by the chief judge of the court of appeals shall have
respectively two, three and four year terms as he or she shall
designate. The person first appointed by the temporary president of the
senate shall have a three year term. The person first appointed by the
minority leader of the senate shall have a two year term. The person
first appointed by the speaker of the assembly shall have a three year
term. The person first appointed by the minority leader of the assembly
shall have a two year term. Each member of the commission shall be
appointed thereafter for a term of four years. Membership shall
terminate if a member attains a position which would have rendered him
or her ineligible for appointment at the time of his or her appointment.
A vacancy shall be filled by the appointing officer for the remainder of
the term.
4. If a member of the commission who is a prosecutor is the subject of
a complaint or investigation with respect to his or her qualifications,
conduct, fitness to perform or performance of his or her official
duties, he or she shall be disqualified from participating in any and
all proceedings with respect thereto. If a member of the commission is
employed in the same organization as the subject of a complaint or
investigation with respect to his or her qualifications, conduct,
fitness to perform, or performance of his or her official duties, he or
she shall be disqualified from participating in any and all proceedings
with respect thereto.
5. Each member of the commission shall serve without salary or other
compensation, but shall be entitled to receive actual and necessary
expenses incurred in the discharge of his or her duties.
6. For any action taken pursuant to subdivisions four through seven of
section four hundred ninety-nine-f or subdivision two of section four
hundred ninety-nine-e of this article, eight members of the commission
shall constitute a quorum of the commission and the concurrence of six
members of the commission shall be necessary. Two members of a three
member panel of the commission shall constitute a quorum of the panel
and the concurrence of two members of the panel shall be necessary for
any action taken.
7. The commission shall appoint and at pleasure may remove an
administrator who shall be a member of the bar who is not an active,
former or retired prosecutor. The administrator of the commission may
appoint such deputies, assistants, counsel, investigators and other
officers and employees as he or she may deem necessary, prescribe their
powers and duties, fix their compensation and provide for reimbursement
of their expenses within the amounts appropriated therefor. No
appointment of an administrator shall be valid unless approved by an
executive appointee, the appointee of the temporary president of the
senate, and the appointee of the speaker of the assembly.
Functions; powers and duties. The commission shall have the
following functions, powers and duties:
1. To conduct hearings and investigations, administer oaths or
affirmations, subpoena witnesses, compel their attendance, examine them
under oath or affirmation and require the production of any books,
records, documents or other evidence that it may deem relevant or
material to an investigation; and the commission may designate any of
its members or any member of its staff to exercise any such powers,
provided, however, that except as is otherwise provided in section four
hundred ninety-nine-e of this article, only a member of the commission
or the administrator shall exercise the power to subpoena witnesses or
require the production of books, records, documents or other evidence.
In accordance with section twenty-three hundred four of the civil
practice law and rules, a request to withdraw or modify a subpoena
issued pursuant to this article may be made to the person who issued it
and/or to the commission. The prosecuting agency may inform the
commission, by affirmation with specificity and particularity, in a form
and manner in which shall be prescribed by the commission, of its
position that the commission's investigations will substantially
interfere with the agency's own criminal investigation. If the
prosecuting agency informs the commission of its basis for that
position, the commission shall only exercise its powers in a way that
will not interfere with an agency's active investigation or prosecution
and in no event shall the commission exercise its powers prior to the
earlier of: (a) the filing of an accusatory instrument with respect to
the crime or crimes that led to such prosecuting agency's investigation
and underlie the complaint; or (b) one year from the commencement of the
occurrence of the crime or crimes that led to such prosecuting agency's
investigation and underlie the complaint.
2. To confer immunity when the commission deems it necessary and
proper in accordance with section 50.20 of the criminal procedure law;
provided, however, that at least forty-eight hours prior written notice
of the commission's intention to confer such immunity is given the
attorney general and the appropriate district attorney.
3. To request and receive from any court, department, division, board,
bureau, commission, or other agency of the state or political
subdivision thereof or any public authority such assistance, information
and data as will enable it properly to carry out its functions, powers
and duties.
4. To report annually, on or before the first day of March in each
year and at such other times as the commission shall deem necessary, to
the governor, the legislature and the chief judge of the court of
appeals, with respect to proceedings which have been finally determined
by the commission. Such reports may include legislative and
administrative recommendations. The contents of the annual report and
any other report shall conform to the provisions of this article
relating to confidentiality.
5. To adopt, promulgate, amend and rescind rules and procedures, not
otherwise inconsistent with law, necessary to carry out the provisions
and purposes of this article. All such rules and procedures shall be
filed in the offices of the chief administrator of the courts and the
secretary of state.
6. To do all other things necessary and convenient to carry out its
functions, powers and duties expressly set forth in this article.
Panels; referees. 1. The commission may delegate any of its
functions, powers and duties to a panel of three of its members, one of
whom shall be a member of the bar, except that no panel shall confer
immunity in accordance with section 50.20 of the criminal procedure law.
No panel shall be authorized to take any action pursuant to subdivisions
four through nine of section four hundred ninety-nine-f of this article
or subdivision two of this section.
2. The commission may designate a member of the bar who is not a
prosecutor or a member of the commission or its staff as a referee to
hear and report to the commission in accordance with the provisions of
section four hundred ninety-nine-f of this article. Such referee shall
be empowered to conduct hearings, administer oaths or affirmations,
subpoena witnesses, compel their attendance, examine them under oath or
affirmation and require the production of any books, records, documents
or other evidence that the referee may deem relevant or material to the
subject of the hearing.
Complaint; investigation; hearing and disposition. 1. The
commission shall receive, initiate, investigate and hear complaints with
respect to the conduct or performance of official duties of any
prosecutor; and may make a recommendation to the governor that a
prosecutor be removed from office for cause, for, including, but not
limited to, misconduct in office, as evidenced by his or her departure
from his or her obligations under appropriate statute, case law, and/or
New York Rules of Professional Conduct, 22 NYCRR 1200, or any subset
thereof or successor thereto, including but not limited to Rule 3.8
(Special Responsibilities of Prosecutors and Other Government Lawyers),
persistent failure to perform his or her duties, conduct prejudicial to
the administration of justice, or that a prosecutor be retired for
mental or physical disability preventing the proper performance of his
or her prosecutorial duties. A complaint shall be in writing and signed
by the complainant and, if directed by the commission, shall be
verified. Upon receipt of a complaint (a) the commission shall conduct
an investigation of the complaint; or (b) the commission may dismiss the
complaint if it determines that the complaint on its face lacks merit.
If the complaint is dismissed, the commission shall so notify the
complainant. If the commission shall have notified the prosecutor of the
complaint, the commission shall also notify the prosecutor of such
dismissal. Pursuant to paragraph a of subdivision four of section ninety
of this chapter, any person being an attorney and counselor-at-law who
shall be convicted of a felony as defined in paragraph e of subdivision
four of section ninety of this chapter, shall upon such conviction,
cease to be any attorney and counselor-at-law, or to be competent to
practice law as such.
2. The commission may, on its own motion, initiate an investigation of
a prosecutor with respect to his or her conduct or the performance of
his or her official duties. Prior to initiating any such investigation,
the commission shall file as part of its record a written complaint,
signed by the administrator of the commission, which complaint shall
serve as the basis for such investigation.
3. In the course of an investigation, the commission may require the
appearance of the prosecutor involved before it, in which event the
prosecutor shall be notified in writing of his or her required
appearance, either personally, at least three days prior to such
appearance, or by certified mail, return receipt requested, at least
five days prior to such appearance. In either case a copy of the
complaint shall be served upon the prosecutor at the time of such
notification. The prosecutor shall have the right to be represented by
counsel during any and all stages of the investigation in which his or
her appearance is required and to present evidentiary data and material
relevant to the complaint. A transcript shall be made and kept with
respect to all proceedings at which testimony or statements under oath
of any party or witness shall be taken, and the transcript of the
prosecutor's testimony shall be made available to the prosecutor without
cost. Such transcript shall be confidential except as otherwise
permitted by section four hundred ninety-nine-g of this article.
4. If in the course of an investigation, the commission determines
that a hearing is warranted it shall direct that a formal written
complaint signed and verified by the administrator be drawn and served
upon the prosecutor involved, either personally or by certified mail,
return receipt requested. The prosecutor shall file a written answer to
the complaint with the commission within twenty days of such service.
If, upon receipt of the answer, or upon expiration of the time to
answer, the commission shall direct that a hearing be held with respect
to the complaint, the prosecutor involved shall be notified in writing
of the date of the hearing either personally, at least twenty days prior
thereto, or by certified mail, return receipt requested, at least
twenty-two days prior thereto. Upon the written request of the
prosecutor, the commission shall, at least five days prior to the
hearing or any adjourned date thereof, make available to the prosecutor
without cost copies of all documents which the commission intends to
present at such hearing and any written statements made by witnesses who
will be called to give testimony by the commission. The commission
shall, in any case, make available to the prosecutor at least five days
prior to the hearing or any adjourned date thereof any exculpatory
evidentiary data and material relevant to the complaint. The failure of
the commission to timely furnish any documents, statements and/or
exculpatory evidentiary data and material provided for herein shall not
affect the validity of any proceedings before the commission provided
that such failure is not substantially prejudicial to the prosecutor.
The complainant may be notified of the hearing and unless he or she
shall be subpoenaed as a witness by the prosecutor, his or her presence
thereat shall be within the discretion of the commission. The hearing
shall not be public unless the prosecutor involved shall so demand in
writing. At the hearing the commission may take the testimony of
witnesses and receive evidentiary data and material relevant to the
complaint. The prosecutor shall have the right to be represented by
counsel during any and all stages of the hearing and shall have the
right to call and cross-examine witnesses and present evidentiary data
and material relevant to the complaint. A transcript of the proceedings
and of the testimony of witnesses at the hearing shall be taken and kept
with the records of the commission.
5. Subject to the approval of the commission, the administrator and
the prosecutor may agree on a statement of facts and may stipulate in
writing that the hearing shall be waived. In such a case, the commission
shall rely upon the agreed statement of facts in forming the
commission's findings of fact.
6. If, after a formal written complaint has been served pursuant to
subdivision four of this section, or during the course of or after a
hearing, the commission determines that no further action is necessary,
the complaint shall be dismissed and the complainant and the prosecutor
shall be so notified in writing.
7. The commission shall transmit its findings of fact and
recommendations and the record of the proceedings upon which such
findings and recommendations are based, to the attorney grievance
committee of the appellate division in the department where the
prosecutor was admitted to practice, which shall cause a copy thereof to
be served either personally or by certified mail, return receipt
requested, on the prosecutor involved. Upon completion of service, the
commission's findings and recommendations and the record of its
proceedings shall be made public and shall be made available for public
inspection at the principal office of the commission and at the office
of the clerk of the appellate division in the department in which the
record was filed. If the commission's findings and recommendations
include any recommendation that any prosecutor should be removed or
retired, the commission shall simultaneously transmit its findings,
recommendations, and record of its proceedings to the governor. Records
of a prosecuting agency provided by the agency to the commission
pursuant to this article shall not be subject to disclosure by the
commission under article six of the public officers law.
8. The attorney grievance committee of the appellate division that
receives the commission's report may accept or reject the recommended
sanction; impose a different sanction; or impose no sanction.
9. If during the course of or after an investigation or hearing, the
commission determines that the complaint or any allegation thereof
warrants action, other than in accordance with the provisions of
subdivisions seven and eight of this section, within the powers of: (a)
a person having administrative jurisdiction over the prosecutor involved
in the complaint; or (b) the attorney grievance committee of the
appellate division in the department where the prosecutor was admitted
to practice; or (c) the governor pursuant to subdivision (b) of section
thirteen of article thirteen of the constitution; or (d) an applicable
district attorney's office, the commission shall refer such complaint or
the appropriate allegations thereof and any evidence or material related
thereto to such person, agency or court for such action as may be deemed
proper or necessary.
10. The commission shall notify the complainant of its disposition of
the complaint.
Confidentiality of records. Except as hereinafter provided,
all complaints, correspondence, commission proceedings and transcripts
thereof, other papers and data and records of the commission shall be
confidential and shall not be made available to any person except
pursuant to section four hundred ninety-nine-f of this article. The
commission and its designated staff personnel shall have access to
confidential material in the performance of their powers and duties. If
the prosecutor who is the subject of a complaint so requests in writing,
copies of the complaint, the transcripts of hearings by the commission
thereon, if any, and the dispositive action of the commission with
respect to the complaint, such copies with any reference to the identity
of any person who did not participate at any such hearing suitably
deleted therefrom, except the subject prosecutor or complainant, shall
be made available for inspection and copying to the public, or to any
person, agency or body designated by such prosecutor.
Breach of confidentiality of commission information. 1. Any
staff member, employee or agent of the state commission on prosecutorial
conduct who violates any of the provisions of section four hundred
ninety-nine-g of this article shall be subject to a reprimand, a fine,
suspension or removal by the commission.
2. Within ten days after the commission has acquired knowledge that a
staff member, employee or agent of the commission has or may have
breached the provisions of section four hundred ninety-nine-g of this
article, written charges against such staff member, employee or agent
shall be prepared and signed by the chairman of the commission and filed
with the commission. Within five days after receipt of charges, the
commission shall determine, by a vote of the majority of all the members
of the commission, whether probable cause for such charges exists. If
such determination is affirmative, within five days thereafter a written
statement specifying the charges in detail and outlining his or her
rights under this section shall be forwarded to the accused staff
member, employee or agent by certified mail. The commission may suspend
the staff member, employee or agent, with or without pay, pending the
final determination of the charges. Within ten days after receipt of the
statement of charges, the staff member, employee or agent shall notify
the commission in writing whether he or she desires a hearing on the
charges. The failure of the staff member, employee or agent to notify
the commission of his or her desire to have a hearing within such period
of time shall be deemed a waiver of the right to a hearing. If the
hearing has been waived, the commission shall proceed, within ten days
after such waiver, by a vote of a majority of all the members of such
commission, to determine the charges and fix the penalty or punishment,
if any, to be imposed as hereinafter provided.
3. Upon receipt of a request for a hearing, the commission shall
schedule a hearing, to be held at the commission offices, within twenty
days after receipt of the request therefor, and shall immediately notify
in writing the staff member, employee or agent of the time and place
thereof.
4. The commission shall have the power to establish necessary rules
and procedures for the conduct of hearings under this section. Such
rules shall not require compliance with technical rules of evidence. All
such hearings shall be held before a hearing panel composed of three
members of the commission selected by the commission. Each hearing shall
be conducted by the chairperson of the panel who shall be selected by
the panel. The staff member, employee or agent shall have a reasonable
opportunity to defend himself and to testify on his or her own behalf.
He or she shall also have the right to be represented by counsel, to
subpoena witnesses and to cross-examine witnesses. All testimony taken
shall be under oath which the chairperson of the panel is hereby
authorized to administer. A record of the proceedings shall be made and
a copy of the transcript of the hearing shall, upon written request, be
furnished without charge to the staff member, employee or agent
involved.
5. Within five days after the conclusion of a hearing, the panel shall
forward a report of the hearing, including its findings and
recommendations, including its recommendations as to penalty or
punishment, if one is warranted, to the commission and to the accused
staff member, employee or agent. Within ten days after receipt of such
report the commission shall determine whether it shall implement the
recommendations of the panel. If the commission shall determine to
implement such recommendations, which shall include the penalty or
punishment, if any, of a reprimand, a fine, suspension for a fixed time
without pay or dismissal, it shall do so within five days after such
determination. If the charges against the staff member, employee or
agent are dismissed, he or she shall be restored to his or her position
with full pay for any period of suspension without pay and the charges
shall be expunged from his or her record.
6. The accused staff member, employee or agent may seek review of the
recommendation by the commission by way of a special proceeding pursuant
to article seventy-eight of the civil practice law and rules.
Resignation not to divest commission and the appellate
division of jurisdiction. The jurisdiction of the appellate division and
the commission pursuant to this article shall continue notwithstanding
that a prosecutor resigns from office after a recommendation by the
commission that the prosecutor be removed from office has been
transmitted to the governor, or in any case in which the commission's
recommendation that a prosecutor should be removed from office shall be
transmitted to the governor within one hundred twenty days after receipt
by the chief administrator of the courts of the resignation of such
prosecutor. Any determination by the governor that a prosecutor who has
resigned should be removed from office shall render such prosecutor
ineligible to hold any other prosecutorial office.
Effect. The powers, duties, and functions of the state
commission on prosecutorial conduct shall not supersede the powers and
duties of the governor as outlined in section thirteen of article
thirteen of the New York state constitution.
ARTICLE 16 Selection of Jurors
Declaration of policy. It is the policy of this state that all
litigants in the courts of this state entitled to trial by jury shall
have the right to grand and petit juries selected at random from a fair
cross-section of the community in the county or other governmental
subdivision wherein the court convenes; and that all eligible citizens
shall have the opportunity to serve on grand and petit juries in the
courts of this state, and shall have an obligation to serve when
summoned for that purpose, unless excused.
Application of article. Except as otherwise provided, the
provisions of this article shall apply to grand and petit jurors in all
courts of the unified court system in which a jury may be drawn, whether
such courts are of record or not of record.
Commissioner of jurors. (a) The office of commissioner of
jurors is hereby established for each county in the state except
counties within cities having a population of one million or more. In
counties within such cities the county clerk shall exercise the duties
and have the powers of the commissioner of jurors. The commissioner
shall perform such services for all of the courts within the county, as
may be prescribed by law or rules of the appellate division for the
department embracing the county.
(b) In those counties in which, on the effective date of this article,
a commissioner of jurors is in office, the commissioner shall continue
in office until the expiration of his term.
(c) The commissioner shall be an officer of all courts located in the
county in which he acts and shall have authority to administer oaths or
affirmations as to any matter relating to his duties under this article
or the rules of the appropriate appellate division adopted pursuant
thereto.
(d) The commissioner shall take any steps necessary to enforce the
laws and rules relating to the drawing, selection, summoning and
impanelling of jurors.
(e) The commissioner may designate from among the members of his
staff, by a certificate filed in the office of the county clerk and the
office of the commissioner, one or more deputies or assistants to
perform any of his duties as required by law. Whenever reference is made
to the commissioner in this article or the rules adopted pursuant
thereto, such reference shall be deemed to apply also to deputies or
assistants duly designated by him, except where the contrary intent is
plainly apparent from the context.
County jury board. (a) There shall be established for each
county a jury board composed as follows:
1. In counties outside cities having a population of one million or
more, except in the counties of Albany, Westchester, Suffolk and Nassau,
the county jury board shall consist of one justice of the supreme court
residing in the county, or if there is no justice residing therein, a
justice residing in the judicial district embracing the county to be
designated by the appropriate appellate division, who shall act as
chairman; the judge of the county court, or if there be more than one,
then the senior county judge; and a member of the county legislature to
be designated by the county legislature, provided that no such member of
the county legislature shall be designated if he engages in the practice
of law.
2. In the county of Albany, the county jury board shall consist of the
county judge, the surrogate and a member of the county legislature, all
to be designated in the manner provided in subdivision one of this
section. In the county of Westchester, the county jury board shall
consist of the administrative judge of the ninth judicial district if he
be a resident of Westchester County, and if not, the senior resident
justice of the supreme court; the senior county judge; and the county
executive. In the counties of Nassau and Suffolk, the county jury board
shall consist of the justices of the supreme court residing in the
county, the surrogate and the judges of the county court.
3. In counties within cities having a population of one million or
more, the county jury board shall consist of the presiding justice of
the appellate division of the judicial department embracing the county,
or his designee from among the justices of the supreme court; two
justices of the supreme court residing in the county to be designated by
the appellate division of such department; and the county clerk of the
county.
(b) The county jury board shall meet at least annually and at such
additional times as may be necessary to carry out the purposes of this
article. The commissioner of jurors shall act as secretary to the
county jury board.
Appointment and removal of commissioner of jurors. (a) Except
in counties within cities having a population of one million or more,
the county jury board, or a majority thereof, shall appoint a
commissioner of jurors for a term of four years and shall fill any
vacancy occurring in such office in the same manner as an original
appointment. The county jury board may, in its discretion, appoint the
county clerk or other county officer or employee to serve as
commissioner of jurors. A county clerk's term of office as commissioner
shall be coterminus with his term of office as county clerk.
(b) The commissioner shall be removable for cause by the appellate
division of the supreme court in the judicial department embracing the
county, upon written charges and opportunity to be heard after due
notice thereof. If such commissioner is the county clerk, the appellate
division may remove him from the office of commissioner in the same
manner.
Oath of office. Before entering upon the duties of his office a
commissioner appointed under this article, and each deputy, assistant or
employee, shall take the oath of office prescribed by law and file the
same with the office of court administration and in the office of the
county clerk without charge.
Source of names. The commissioner of jurors shall cause the
names of prospective jurors to be selected at random from the voter
registration lists, and from such other available lists of the residents
of the county as the chief administrator of the courts shall specify,
such as lists of utility subscribers, licensed operators of motor
vehicles, registered owners of motor vehicles, state and local
taxpayers, persons applying for or receiving family assistance, medical
assistance or safety net assistance, persons receiving state
unemployment benefits and persons who have volunteered to serve as
jurors by filing with the commissioner their names and places of
residence.
Random selection. The commissioner of jurors shall select the
names of prospective jurors, or cause them to be selected, at random
from the sources provided in section five hundred six. The selection may
be accomplished by mechanical means or by any other method designed to
implement the purposes of this article.
Number to be selected. The commissioner of jurors shall draw at
random for each term and each separate part of a term of court at which
issues are triable by jury, such number of petit jurors and such number
of grand jurors as he believes necessary, unless otherwise specified by
order of the appellate division or by written order of the judge
appointed to hold the part or term of court. Jurors shall be drawn in
such manner, and serve for such period of time, as the appropriate
appellate division shall prescribe by rule.
Qualification of jurors. (a) The commissioner of jurors shall
determine the qualifications of a prospective juror on the basis of
information provided on the juror's qualification questionnaire. The
commissioner of jurors may also consider other information including
information obtained from public agencies concerning previous criminal
convictions. The commissioner may require the fingerprinting of all
persons drawn for grand jury service. A record of the persons who are
found not qualified or who are excused, and the reasons therefor, shall
be maintained by the commissioner of jurors. The county jury board shall
have the power to review any determination of the commissioner as to
qualifications and excuses. Such questionnaires and records shall be
considered confidential and shall not be disclosed except to the county
jury board or as permitted by the appellate division.
(b) The commissioner may mail to each prospective juror the juror
qualification questionnaire. The person to whom the questionnaire is
mailed shall complete and sign it and return it to the commissioner
within ten days of mailing. If the questionnaire has not been returned
or properly completed, or if the commissioner otherwise determines that
a personal interview is required, the commissioner may summon the
prospective juror to appear before him or her for the purpose of filling
out the questionnaire or being examined as to his or her competence,
qualifications, eligibility and liability to serve as a juror. Such
person shall not be entitled to any fee or mileage when responding for
such purpose. The summons may be served personally or by leaving it at
the person's residence or place of business with a person of suitable
age and discretion, or by mail. If served personally or by substitution
the summons shall require the person summoned to attend not less than
five days after service. If served by mail the summons shall require the
person summoned to attend not less than eight days after mailing.
Qualifications. In order to qualify as a juror a person must:
1. Be a citizen of the United States, and a resident of the county.
2. Be not less than eighteen years of age.
3. Not have been convicted of a felony.
4. Be able to understand and communicate in the English language.
Form of questionnaire. The questionnaire to be filled out by
prospective jurors shall be in such form as the chief administrator of
the courts may prescribe.
Commissioner of jurors to summon jurors. The commissioner of
jurors shall summon each juror drawn for jury service by serving upon
him a summons and specifying the place where and the time when he is
required to attend. The summons may be served by mail, or the
commissioner may direct the sheriff to serve the summons personally or
by leaving it at the juror's residence or place of business with a
person of suitable age and discretion.
Excuses and postponements. (a) (1) Except as otherwise provided
in paragraph two of this subdivision, the commissioner of jurors may, in
such commissioner's discretion, on the application of a prospective
juror who has been summoned to attend, excuse such prospective juror
from a part or the whole of the time of jury service or may postpone the
time of jury service to a later day during the same or any subsequent
term of the court, provided that if the prospective juror is a
breastfeeding mother and submits with her application a note from a
physician or nurse practitioner indicating that the prospective juror is
breastfeeding, the commissioner shall excuse the prospective juror or
postpone the time of jury service. The application shall be presented to
the commissioner at such time and in such manner as such commissioner
shall require, except that an application for postponement of the
initial date for jury service may be made by telephone.
(2) An application for postponement of jury service shall be granted
hereunder provided: (i) such service has not already been postponed or
excused, (ii) the application is made at such time and in such manner as
the commissioner of jurors requires, and (iii) the postponement is to a
date certain when the court is in session not more than six months after
the date on which such service otherwise is to commence and such date is
selected by the prospective juror, provided that if the prospective
juror is a breastfeeding mother, the postponement date may be a date
certain up to two years after the date on which such service otherwise
is to commence.
(b) A person whose application has been denied by the commissioner, or
who has not applied to the commissioner for an excuse or postponement,
may apply to the trial court, or to the court having supervision of the
grand jury, as the case may be, which may, in its discretion, excuse
such person from a part or the whole of the time of jury service, or may
postpone the time of jury service to a later day during the same or any
subsequent term of the court. If the applicant cannot personally attend,
he or she shall send the summons and application by a person capable of
making the necessary proof in relation to the application.
(c) In determining whether an application for excusal should be
granted, the commissioner or the court shall consider whether the
applicant has a mental or physical condition that causes him or her to
be incapable of performing jury service or there is any other fact
indicates that attendance for jury service in accordance with the
summons would cause undue hardship or extreme inconvenience to the
applicant, a person under his or her care or supervision, or the public.
Except as provided in paragraph two of subdivision (a) of this section,
in determining whether an application for postponement should be
granted, the commissioner or the court shall be guided by standards
promulgated by the chief administrator of the courts.
Discharge by the court. The court shall discharge a person from
serving as a trial or a grand juror whenever it satisfactorily appears
that he or she is not qualified.
Right of juror to be absent from employment. Any person who is
summoned to serve as a juror under the provisions of this article and
who notifies their employer to that effect prior to the commencement of
a term of service shall not, on account of absence from employment by
reason of such jury service, be subject to discharge or penalty. An
employer may, however, withhold wages of any such employee serving as a
juror during the period of such service; provided that an employer who
employs more than ten employees shall not withhold the first seventy-two
dollars of such juror's daily wages during the first three days of jury
service. Withholding of wages in accordance with this section shall not
be deemed a penalty. Violation of this section shall constitute a
criminal contempt of court punishable pursuant to section seven hundred
fifty of this chapter.
Right of sequestered jurors to be provided with food
conforming to religious tenets. 1. Every juror shall have the right to
be provided upon request meals consisting of food or food products
prepared in accordance with the religious requirements of the person
when meals would be otherwise provided during any period in which the
jury has been sequestered by the court.
2. Upon the swearing in of every jury, the court shall inform the jury
of the provisions of subdivision one of this section and shall request
each juror electing the benefits thereof to so signify and shall direct
an appropriate public officer or employee to accordingly make suitable
arrangements for the provision of conforming food or food products for
meals provided during any period in which the jury is sequestered.
Trial jurors to serve in other parts, terms or courts. Trial
jurors drawn for service pursuant to the provisions of this article may
serve as trial jurors in any term or part of the same court when it sits
in terms or parts, or in any other court in the same county or in the
case of an order issued pursuant to paragraph (b) of subdivision two of
section 230.20 of the criminal procedure law providing for an enlarged
jury pool, in any court in the same judicial district. When serving in
such other term, part or court their service shall have the same force
and effect as if they had been drawn as trial jurors for service in such
other term, part or court.
Fees and travel expenses of jurors. (a) Except as provided in
subdivision (b) of this section, trial and grand jurors in each court of
the unified court system shall be entitled to an allowance equal to the
sum of seventy-two dollars per day for each and every day of physical
attendance wherein the court convenes, except that no person who is
employed shall be entitled to receive such allowance if, pursuant to
section five hundred nineteen of this article, their employer is
prohibited from withholding the first seventy-two dollars of wages of
such person during such period and such person's daily wages equal or
exceed seventy-two dollars. If such person's daily wages are less than
seventy-two dollars, such person shall be entitled to receive an
allowance hereunder equal to the difference between seventy-two dollars
and the amount of their daily wages. Such fees and those expenses
actually and necessarily incurred in providing food and lodging for
jurors shall be a state charge payable out of funds appropriated to the
office of court administration for that purpose.
(b) No employee shall be entitled to receive the per diem allowance
authorized by subdivision (a) of this section for any regularly
scheduled workday on which jury service is rendered if, on such day, his
or her wages are not withheld on account of such service.
(c) Notwithstanding any other provision of this section, a trial or
grand juror may waive entitlement to the allowance authorized by
subdivision (a) of this section. In such event the amount of such
allowance shall be available to the chief administrator of the courts
solely for the purposes specified in paragraph (m) of subdivision two of
section two hundred twelve of this chapter, except that any such amounts
not expended in such fashion as of the close of the fiscal year in which
they became available shall be transferred by the comptroller to the
supplemental jury facilities fund established pursuant to section
ninety-four-c of the state finance law.
Fees of trial jury. In any action or special proceeding in a
court of the unified court system that requires a juror's physical
attendance for more than thirty days, the court, by an order entered
into the minutes, shall notify the commissioner of jurors of such
service. The commissioner of jurors, upon receipt of such order and upon
verification of such service by the clerk of the court shall, upon
conclusion of such service, authorize as an additional allowance, the
sum of six dollars per day for each and every day of physical attendance
in excess of thirty days, wherein the court convenes. Such fees shall be
a state charge payable out of funds appropriated to the office of court
administration for the purpose.
Appellate divisions to make rules. The appellate divisions of
the supreme court in each judicial department shall adopt rules
consistent with this article and with such standards and policies as the
administrative board may establish in order to effectuate the policy and
provisions of this article.
Sheriff's jurors. The county clerk of each county in a city
having a population of one million or more shall select annually from
the persons qualified to act as trial jurors, the names of such number
of persons as he deems necessary to constitute the sheriff's jurors for
that year.
The county clerk shall draw and summon panels of sheriff's jurors,
upon request of the sheriff.
Disqualification of former jurors. (a) A person who has served
on a grand or petit jury in any court of the unified court system or in
a federal court shall not be competent to serve again as a trial or
grand juror in any court of the unified court system for six years
subsequent to the last day of such service, provided, however, that any
person who serves on a grand or petit jury for more than ten days shall
not be competent to serve again as a trial or grand juror for eight
years subsequent to the last day of such service.
(b) Nothing contained in this section shall invalidate a verdict
returned by trial jury or an indictment returned by a grand jury when
such trial or grand jury includes one or more trial or grand jurors not
competent by virtue of such previous service.
(c) Notwithstanding the provisions of subdivision (a) of this section,
if the commissioner of jurors, after consultation with and concurrence
of the district administrative judge or judges, or in the counties
within the city of New York the deputy chief administrative judge, shall
determine that:
(i) compliance with the requirements of subdivision (a) of this
section would be impracticable, the commissioner may reduce the period
of incompetency for persons whose service consists of fewer than three
days to a period of not less than two years; or
(ii) the period of incompetency for all jurors pursuant to subdivision
(a) of this section may be extended without interfering with the
commissioner's ability to comply with the provisions of section five
hundred eight of this article, the commissioner may increase the period
of incompetency.
(d) Notwithstanding the provisions of this section, the period during
which a person shall not be competent to serve as a trial or grand juror
pursuant to this section shall be one-half the period specified in
subdivision (a) or (c) of this section, as appropriate, where such
person so requests on a form to be provided by the commissioner of
jurors. Such a request may be submitted at any time during the period of
incompetency.
Trial and grand jurors; duration of service. (a) Except as
provided in subdivision (d) of this section, service of trial jurors in
courts of the unified court system shall not be more than five court
days actual attendance or for such shorter period as the commissioner of
jurors shall determine, except that such service shall continue until
the conclusion of any trial in which a juror may be engaged.
(b) Service of grand jurors in courts of the unified court system
shall be for the duration of the term for which they have been drawn,
unless sooner discharged; except that if the term of a grand jury has
been extended by written order of the court having supervision of such
grand jury, service shall continue until such grand jury has been
discharged.
(c) For the purposes of this section, actual attendance shall include
a juror's actual physical attendance wherein the court convenes or
service by means of a telephone standby system whereby a juror shall
remain available to report for jury service upon notification by means
of telephone or other electronic communication.
(d) If the commissioner of jurors, after consultation with and
concurrence of the district administrative judge or judges, or in the
counties within the city of New York the deputy chief administrative
judge, shall determine that sufficient numbers of potential jurors
cannot be provided to any term or part of court the commissioner may
extend such period of jury service for such additional period as may be
necessary.
Presentation of claims by jurors and disposition of unclaimed
fees. All jurors who have served in a court of the unified court system
pursuant to a duly issued summons as provided for in this article and
are entitled to an allowance therefor must present their claims to the
proper official designated by law for the payment of juror's fees on or
before the thirty-first of December of the year next succeeding or
following the year in which such services were rendered and performed.
Failure to comply with this section shall be a forfeiture of the payment
for such claims or services. All summonses or notices issued pursuant to
this article requiring jurors to attend at a term of court or at a
session of the grand jury shall have imprinted thereon the foregoing
provision relating to forfeiture of fees. All moneys or jurors' fees
forfeited by the provisions of this section shall be transferred to the
state comptroller and applied to the fund from which they were paid on
or before the first day of April, in each year.
Procedure for noncompliance. 1. The commissioner of jurors may
bring a proceeding for noncompliance against any person who fails to
respond to a juror qualification questionnaire pursuant to section five
hundred nine of this article; or who fails to attend after having been
summoned pursuant to section five hundred sixteen of this article. Such
person shall be subject to a civil penalty not to exceed two hundred
fifty dollars for failing to respond or attend in violation of the
provisions of this article. Imposition of such penalty shall be in
accordance with the provisions of this section and all penalties paid
shall be the property of the state.
2. No penalty hereunder may be imposed upon any person unless it is
established that he or she received the juror's qualification
questionnaire or summons and unless such person is served, either
personally or by first-class mail, with a notice of noncompliance. The
notice of noncompliance shall be in a form prescribed by the chief
administrator of the courts and shall:
(a) Describe the particular instance of noncompliance for which a
penalty is sought to be imposed;
(b) Require the person served, at a time and in a manner to be
specified in such notice, to respond to the notice by admitting his or
her noncompliance or requesting a hearing thereon;
(c) Advise the person served that failure to respond to such notice
shall be deemed an admission of noncompliance and a default judgment may
be entered against such person for a penalty hereunder.
3. (a) Whenever a person served with a notice of noncompliance fails
to respond to such notice or admits his or her noncompliance, the court
or judicial hearing officer shall have the authority to impose a penalty
in an amount not to exceed two hundred fifty dollars and shall issue an
order fixing a date certain for jury service by the respondent.
(b) (i) Whenever a person served with a notice of noncompliance
requests a hearing thereon, such hearing shall be scheduled and the
person so notified not sooner than thirty days in advance of the hearing
date.
(ii) Each hearing shall be before the court or the judicial hearing
officer assigned for that purpose and shall be conducted in accordance
with procedures established by the chief administrator of the courts
therefore; provided, however, that rules of evidence shall not apply
except those relating to privileged communications. A judicial hearing
officer so assigned may issue a subpoena to require the attendance at a
hearing of persons to give testimony or to produce books, papers or
other things relevant to the hearing.
(iii) Whenever a judicial hearing officer presides over a hearing
hereunder he shall cause a record to be made thereof in the manner
prescribed by the chief administrator.
(iv) The court or the judicial hearing officer shall determine
whether, by a preponderance of the evidence presented, the charge
specified in the notice of noncompliance has been sustained. Such charge
may not be sustained upon a finding of undue hardship or extreme
inconvenience as set forth in subdivision (c) of section five hundred
seventeen of this chapter or for any other excuse based on a good and
sufficient cause. If the charge is sustained the court or the judicial
hearing officer shall have the authority to impose a penalty in an
amount not to exceed two hundred fifty dollars and shall issue an order
fixing a date certain for jury service by the respondent. If the charges
are not sustained, the court or the hearing officer shall issue an order
fixing a date certain for jury service by the respondent unless an
affidavit is filed.
4. Failure to comply with the terms of the order shall subject the
respondent to such criminal and civil penalties as may otherwise be
provided by law.
5. (a) In the event an order imposes a penalty, the court or the
judicial hearing officer shall have the authority to determine the
amount of and to enter a civil judgment thereon. Such judgment shall be
enforceable as a money judgment in any court of competent jurisdiction.
(b) (i) Notwithstanding the provisions of paragraph (a) of this
subdivision, when a default judgment is sought hereunder, an affidavit
shall be submitted that additional notice has been given, at least
twenty days before the entry of such judgment, to the person who has
failed to respond by mailing a copy of the notice of noncompliance by
first-class mail to such person at his or her place of residence in an
envelope bearing the legend "personal and confidential" and not
indicating on the outside of the envelope that the communication is from
a court, the commissioner of jurors or any other public officer or
official. In the event such mailing is returned as undeliverable by the
post office before the entry of the default judgment, a copy of the
notice of noncompliance shall then be mailed in the same manner to the
person who has failed to respond at his or her place of employment if
known.
(ii) The additional notice shall be mailed not less than twenty days
after service of the notice of noncompliance pursuant to subdivision two
of this section. An affidavit of mailing pursuant to this paragraph
shall be executed by the person mailing the notice and shall be filed
with the judgment. Where there has been compliance with the requirements
of this paragraph, failure of the person to whom the additional notice
is addressed to receive such additional notice shall not preclude the
entry of a default judgement.
6. The commissioner of jurors shall have the authority to receive
penalties imposed pursuant to this section. Such penalties shall be paid
to the state commissioner of taxation and finance on a monthly basis no
later than ten days after the last day of each month.
Collection of demographic data. The commissioner of jurors
shall collect demographic data for jurors who present for jury service,
including each juror's race and/or ethnicity, age and sex, and the chief
administrator of the courts shall submit the data in an annual report to
the governor, the speaker of the assembly, the temporary president of
the senate and the chief judge of the court of appeals.
ARTICLE 19 Contempts
Power of courts to punish for criminal contempts.
A. A court of record has power to punish for a criminal contempt, a
person guilty of any of the following acts, and no others:
1. Disorderly, contemptuous, or insolent behavior, committed during
its sitting, in its immediate view and presence, and directly tending to
interrupt its proceedings, or to impair the respect due to its
authority.
2. Breach of the peace, noise, or other disturbance, directly tending
to interrupt its proceedings.
3. Wilful disobedience to its lawful mandate.
4. Resistance wilfully offered to its lawful mandate.
5. Contumacious and unlawful refusal to be sworn as a witness; or,
after being sworn, to answer any legal and proper interrogatory.
6. Publication of a false, or grossly inaccurate report of its
proceedings. But a court can not punish as a contempt, the publication
of a true, full, and fair report of a trial, argument, decision, or
other proceeding therein.
7. Wilful failure to obey any mandate, process or notice issued
pursuant to articles sixteen, seventeen, eighteen, eighteen-a or
eighteen-b of the judiciary law, or to rules adopted pursuant thereto,
or to any other statute relating thereto, or refusal to be sworn as
provided therein, or subjection of an employee to discharge or penalty
on account of his absence from employment by reason of jury or
subpoenaed witness service in violation of this chapter or section
215.11 of the penal law. Applications to punish the accused for a
contempt specified in this subdivision may be made by notice of motion
or by order to show cause, and shall be made returnable at the term of
the supreme court at which contested motions are heard, or of the county
court if the supreme court is not in session.
B. In addition to the power to punish for a criminal contempt as set
forth in subdivision A, the supreme court has power under this section
to punish for a criminal contempt any person who unlawfully practices or
assumes to practice law; and a proceeding under this subdivision may be
instituted on the court's own motion or on the motion of any officer
charged with the duty of investigating or prosecuting unlawful practice
of law, or by any bar association incorporated under the laws of this
state.
C. A court not of record has only such power to punish for a criminal
contempt as is specifically granted to it by statute and no other.
Punishment for criminal contempts. 1. Except as provided in
subdivisions (2), (3) and (4), punishment for a contempt, specified in
section seven hundred fifty, may be by fine, not exceeding one thousand
dollars, or by imprisonment, not exceeding thirty days, in the jail of
the county where the court is sitting, or both, in the discretion of the
court. Where the punishment for contempt is based on a violation of an
order of protection issued under section 530.12 or 530.13 of the
criminal procedure law, imprisonment may be for a term not exceeding
three months. Where a person is committed to jail, for the nonpayment of
a fine, imposed under this section, he must be discharged at the
expiration of thirty days; but where he is also committed for a definite
time, the thirty days must be computed from the expiration of the
definite time.
Such a contempt, committed in the immediate view and presence of the
court, may be punished summarily; when not so committed, the party
charged must be notified of the accusation, and have a reasonable time
to make a defense.
2. (a) Where an employee organization, as defined in section two
hundred one of the civil service law, wilfully disobeys a lawful mandate
of a court of record, or wilfully offers resistance to such lawful
mandate, in a case involving or growing out of a strike in violation of
subdivision one of section two hundred ten of the civil service law, the
punishment for each day that such contempt persists may be by a fine
fixed in the discretion of the court. In the case of a government exempt
from certain provisions of article fourteen of the civil service law,
pursuant to section two hundred twelve of such law, the court may, as an
additional punishment for such contempt, order forfeiture of the rights
granted pursuant to the provisions of paragraph (b) of subdivision one,
and subdivision three of section two hundred eight of such law, for such
specified period of time, as the court shall determine or, in the
discretion of the court, for an indefinite period of time subject to
restoration upon application, with notice to all interested parties,
supported by proof of good faith compliance with the requirements of
subdivision one of section two hundred ten of the civil service law
since the date of such violation, such proof to include, for example,
the successful negotiation, without a violation of subdivision one of
section two hundred ten of the civil service law, of a contract covering
the employees in the unit affected by such violation; provided, however,
that where a fine imposed pursuant to this subdivision remains wholly or
partly unpaid, after the exhaustion of the cash and securities of the
employee organization, such forfeiture shall be suspended to the extent
necessary for the unpaid portion of such fine to be accumulated by the
public employer and transmitted to the court. In fixing the amount of
the fine and/or duration of the forfeiture, the court shall consider all
the facts and circumstances directly related to the contempt, including,
but not limited to: (i) the extent of the wilful defiance of or a
resistance to the court's mandate (ii) the impact of the strike on the
public health, safety, and welfare of the community and (iii) the
ability of the employee organization to pay the fine imposed; and the
court may consider (i) the refusal of the employee organization or the
appropriate public employer, as defined in section two hundred one of
the civil service law, or the representatives thereof, to submit to the
mediation and fact-finding procedures provided in section two hundred
nine of the civil service law and (ii) whether, if so alleged by the
employee organization, the appropriate public employer or its
representatives engaged in such acts of extreme provocation as to
detract from the responsibility of the employee organization for the
strike. In determining the ability of the employee organization to pay
the fine imposed, the court shall consider both the income and the
assets of such employee organization.
(b) In the event membership dues and sums equivalent to dues are
collected by the public employer as provided respectively in paragraph
(b) of subdivision one and subdivision three of section two hundred
eight of the civil service law, the books and records of such public
employer shall be prima facie evidence of the amount so collected.
(c) (i) An employee organization appealing an adjudication and fine
for criminal contempt imposed pursuant to subdivision two of this
section, shall not be required to pay such fine until such appeal is
finally determined.
(ii) The court to which such an appeal is taken shall, on motion of
any party thereto, grant a preference in the hearing thereof.
3. (a) Where a union or hospital wilfully disobeys a lawful mandate of
a court of record, or wilfully offers resistance to such lawful mandate,
in a case involving or growing out of a violation of section seven
hundred thirteen of the labor law, the punishment for each day that such
contempt persists may be by a fine fixed in the discretion of the court.
In fixing the amount of such fine, the court shall consider all the
facts and circumstances directly related to the contempt, including, but
not limited to: (i) the extent of the wilful defiance of, or resistance
to, the court's mandate (ii) the impact of the strike or lockout on the
public health, safety and welfare of the community and (iii) the ability
of the union or hospital to pay the fine imposed; and the court may
consider (i) the refusal of the union or hospital, or the
representatives thereof, to submit to or comply with, the fact-finding
and arbitration procedures provided in section seven hundred sixteen of
the labor law. In determining the ability of the union or hospital to
pay the fine imposed, the court shall consider both the income and the
assets of such union or hospital.
(b) A union or hospital appealing an adjudication and fine for
criminal contempt imposed pursuant to this subdivision, shall not be
required to pay such fine until such appeal is finally determined. The
court to which such an appeal is taken shall, on motion of any party
thereto, grant a preference in the hearing thereof.
(c) As used in this subdivision, "union" shall mean any labor
organization or company union as defined in section seven hundred one of
the labor law, and "hospital" shall mean any non-profit-making hospital
or residential care center as defined in that section.
4. Where any person wilfully disobeys a lawful mandate of the supreme
court issued pursuant to subdivision twelve of section sixty-three of
the executive law, the punishment for each day that such contempt
persists may be by a fine fixed in the discretion of the court, but not
to exceed five thousand dollars per day. In fixing the amount of the
fine, the court shall consider all the facts and circumstances directly
related to the contempt, including, but not limited to: (i) the extent
of the wilful defiance of or resistance to the court's mandate, (ii) the
amount of gain obtained by the wilful disobedience of the mandate, and
(iii) the effect upon the public of the wilful disobedience.
5. Where any member of the news media as defined in subdivision two of
section two hundred eighteen of this chapter, willfully disobeys a
lawful mandate of a court issued pursuant to such section, the
punishment for each day that such contempt persists may be by a fine
fixed in the discretion of the court, but not to exceed five thousand
dollars per day or imprisonment, not exceeding thirty days, in the jail
of the county where the court is sitting or both, in the discretion of
the court. In fixing the amount of the fine, the court shall consider
all the facts and circumstances directly related to the contempt,
including, but not limited to: (i) the extent of the willful defiance of
or resistance to the court's mandate, (ii) the amount of gain obtained
by the willful disobedience of the mandate, and (iii) the effect upon
the public and the parties to the proceeding of the willful
disobedience.
Requisites of commitment for criminal contempt; review of
certain mandates. Where a person is committed for contempt, as
prescribed in section seven hundred fifty-one, the particular
circumstances of his offense must be set forth in the mandate of
commitment. Such mandate, punishing a person summarily for a contempt
committed in the immediate view and presence of the court, is reviewable
by a proceeding under article seventy-eight of the civil practice law
and rules.
Power of courts to punish for civil contempts.
A. A court of record has power to punish, by fine and imprisonment, or
either, a neglect or violation of duty, or other misconduct, by which a
right or remedy of a party to a civil action or special proceeding,
pending in the court may be defeated, impaired, impeded, or prejudiced,
in any of the following cases:
1. An attorney, counsellor, clerk, sheriff, coroner, or other person,
in any manner duly selected or appointed to perform a judicial or
ministerial service, for a misbehavior in his office or trust, or for a
wilful neglect or violation of duty therein; or for disobedience to a
lawful mandate of the court, or of a judge thereof, or of an officer
authorized to perform the duties of such a judge.
2. A party to the action or special proceeding, for putting in
fictitious bail or a fictitious surety, or for any deceit or abuse of a
mandate or proceeding of the court.
3. A party to the action or special proceeding, an attorney,
counsellor, or other person, for the non-payment of a sum of money,
ordered or adjudged by the court to be paid, in a case where by law
execution can not be awarded for the collection of such sum except as
otherwise specifically provided by the civil practice law and rules; or
for any other disobedience to a lawful mandate of the court.
4. A person, for assuming to be an attorney or counsellor, or other
officer of the court, and acting as such without authority; for rescuing
any property or person in the custody of an officer, by virtue of a
mandate of the court; for unlawfully detaining, or fraudulently and
wilfully preventing, or disabling from attending or testifying, a
witness, or a party to the action or special proceeding, while going to,
remaining at, or returning from, the sitting where it is noticed for
trial or hearing; and for any other unlawful interference with the
proceedings therein.
5. A person subpoenaed as a witness, for refusing or neglecting to
obey the subpoena, or to attend, or to be sworn, or to answer as a
witness.
6. A person duly notified to attend as a juror, at a term of the
court, for improperly conversing with a party to an action or special
proceeding, to be tried at that term, or with any other person, in
relation to the merits of that action or special proceeding; or for
receiving a communication from any person, in relation to the merits of
such an action or special proceeding, without immediately disclosing the
same to the court; or a person who attends and acts or attempts to act
as a juror in the place and stead of a person who has been duly notified
to attend.
7. An inferior magistrate, or a judge or other officer of an inferior
court, for proceeding, contrary to law, in a cause or matter, which has
been removed from his jurisdiction to the court inflicting the
punishment; or for disobedience to a lawful order or other mandate of
the latter court.
8. In any other case, where an attachment or any other proceeding to
punish for a contempt, has been usually adopted and practiced in a court
of record, to enforce a civil remedy of a party to an action or special
proceeding in that court, or to protect the right of a party.
B. A court not of record has such power to punish for a civil contempt
as is specifically granted to it by statute.
Contempts in cases involving or growing out of labor
disputes. 1. Notwithstanding any inconsistent provision of law, where
the alleged contempt is punishable under section seven hundred fifty
and/or section seven hundred fifty-three and arises out of any failure
or refusal to obey any mandate of a court contained in or incidental to
an injunction order granted by such court in any case involving or
growing out of a labor dispute, no punishment, prescribed by either of
such sections, shall be meted out except after a trial by jury to which
the defendant shall be entitled as a matter of right; provided, however,
that this section shall not apply to any alleged contempt of such an
injunction order committed in the presence of the court.
2. As used in this section and in subdivision three of section 215.50
of the penal law:
(a) A case shall be held to involve or to grow out of a labor dispute
when the case involves persons who are engaged in the same industry,
trade, craft or occupation; or who are employees of one employer; or who
are members of the same or an affiliated organization of employers or
employees; whether such dispute is between one or more employers or
associations of employers and one or more employees or associations of
employees; between one or more employers or associations of employers
and one or more employers or associations of employers; or between one
or more employees or associations of employees and one or more employees
or associations of employees; or when the case involves any conflicting
or competing interests in a "labor dispute" (as hereinafter defined) of
"persons participating or interested" therein (as hereinafter defined).
(b) The term "labor dispute" includes any controversy concerning terms
or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining, changing
or seeking to arrange terms or conditions of employment, or concerning
employment relations, or any other controversy arising out of the
respective interests of employer and employee, regardless of whether or
not the disputants stand in the relation of employer and employee.
(c) A person or association shall be held to be a person participating
or interested in a labor dispute if relief is sought against him or it
and if he or it is engaged in the industry, trade, craft or occupation
in which such dispute occurs, or is a member, officer or agent of any
association of employers or employees engaged in such industry, trade,
craft or occupation.
Special proceeding to punish for contempt punishable civilly.
Sections seven hundred and fifty, seven hundred and fifty-one, and seven
hundred and fifty-two, do not extend to a special proceeding to punish a
person in a case specified in section seven hundred and fifty-three. In
a case specified in section seven hundred and fifty-three, or in any
other case where it is specially prescribed by law, that a court of
record, or a judge thereof, or a referee appointed by the court, has
power to punish, by fine and imprisonment, or either, or generally as a
contempt, a neglect or violation of duty, or other misconduct; and a
right or remedy of a party to a civil action or special proceeding
pending in the court, or before the judge or the referee, may be
defeated, impaired, impeded, or prejudiced thereby, the offense must be
punished as prescribed in the following sections of this article.
When punishment may be summary. Where the offense is committed
in the immediate view and presence of the court, or of the judge or
referee, upon a trial or hearing, it may be punished summarily. For that
purpose, an order must be made by the court, judge, or referee, stating
the facts which constitute the offense and which bring the case within
the provisions of this section, and plainly and specifically prescribing
the punishment to be inflicted therefor. Such order is reviewable by a
proceeding under article seventy-eight of the civil practice law and
rules.
Application to punish for contempt; procedure. An application
to punish for a contempt punishable civilly may be commenced by notice
of motion returnable before the court or judge authorized to punish for
the offense, or by an order of such court or judge requiring the accused
to show cause before it, or him, at a time and place therein specified,
why the accused should not be punished for the alleged offense. The
application shall be noticed, heard and determined in accordance with
the procedure for a motion on notice in an action in such court,
provided, however, that, except as provided in section fifty-two hundred
fifty of the civil practice law and rules or unless otherwise ordered by
the court, the moving papers shall be served no less than ten and no
more than thirty days before the time at which the application is
noticed to be heard. The application shall contain on its face a notice
that the purpose of the hearing is to punish the accused for a contempt
of court, and that such punishment may consist of fine or imprisonment,
or both, according to law together with the following legend printed or
type written in a size equal to at least eight point bold type:
WARNING:
YOUR FAILURE TO APPEAR
IN COURT MAY RESULT IN
YOUR IMMEDIATE ARREST
AND IMPRISONMENT FOR
CONTEMPT OF COURT.
Application to punish for contempt committed before referee.
Where the offense is committed upon the trial of an issue referred to a
referee appointed by the court, or consists of a witness's
non-attendance, or refusal to be sworn or testify, before him, the
application prescribed in this section may be made returnable before him
or before the court. The application shall contain on its face a notice
that the purpose of the hearing is to punish the accused for a contempt
of court, and that such punishment may consist of fine or imprisonment,
or both, according to law.
Notice to delinquent officer to show cause. Where it is
prescribed by law, or by the rules of civil practice, that a notice may
be served in behalf of a party, upon a sheriff or other person,
requiring him to return a mandate, delivered to him, or to show cause,
at a term of a court, why he should not be punished, or why an
attachment should not be issued against him, for a contempt of the
court; the party, in whose behalf the notice is served, may, at the time
specified therein, file with the clerk, proof, by affidavit or other
written evidence, of the delivery of the mandate to the accused; of the
default or other act, upon the occurrence of which, he was entitled to
serve the notice; of the service of the notice; and of the failure to
comply therewith. Thereupon the proceedings are the same, as where an
order to show cause is made, and it, and a copy of the affidavits upon
which it is granted, are served upon the accused.
When application may be made. An application may be made,
either before or after the final judgment in the action, or the final
order in the special proceeding.
Notice to accused; service. An application to punish for
contempt in a civil contempt proceeding shall be served upon the
accused, unless service upon the attorney for the accused be ordered by
the court or judge.
When habeas corpus may issue. If the accused is in the custody
of a sheriff, or other officer, by virtue of an execution against his
person, or by virtue of a mandate for any other contempt or misconduct,
or a commitment on a criminal charge the court, upon proof of the facts,
may issue a writ of habeas corpus, directed to the officer, requiring
him to bring the accused before it, to answer for the offense charged.
The officer to whom the writ is directed, or upon whom it is served,
must bring him before the court, and detain him at the place where the
court is sitting, until the further order of the court.
Final order directing punishment; exception. Upon the return of
an application to punish for contempt, or upon a hearing held upon a
warrant of commitment issued pursuant to section seven hundred
seventy-two or seven hundred seventy-three of this article, the court
shall inform the offender that he or she has the right to the assistance
of counsel, and when it appears that the offender is financially unable
to obtain counsel, the court may in its discretion assign counsel to
represent him or her. If it is determined that the accused has committed
the offense charged; and that it was calculated to, or actually did,
defeat, impair, impede, or prejudice the rights or remedies of a party
to an action or special proceeding, brought in the court, or before the
judge or referee; the court, judge, or referee must make a final order
directing that he or she be punished by fine or imprisonment, or both,
as the nature of the case requires. A warrant of commitment must issue
accordingly, except as hereinafter provided. Where an application is
made under this article and in pursuance of section two hundred
forty-five of the domestic relations law or any other section of law for
a final order directing punishment for failure to pay alimony,
maintenance or counsel fees pursuant to an order of the court or judge
in an action for divorce or separation and the defaulting spouse appears
and satisfies the court or a judge before whom the application may be
pending that he or she has no means or property or income to comply with
the terms of the order at the time, the court or judge may in its or his
discretion deny the application to punish the defaulting spouse, without
prejudice to the applicant's rights and without prejudice to a renewal
of the application upon notice and after proof that the financial
condition of the defaulting spouse is changed.
Where an application is made to punish an offender for an offense
committed with respect to an enforcement procedure under the civil
practice law and rules, if the offender appear and comply and satisfy
the court or a judge before whom the application shall be pending that
he has at the time no means or property or income which could be levied
upon pursuant to an execution issued in such an enforcement procedure,
the court or judge shall deny the application to punish the offender
without prejudice to the applicant's rights and without prejudice to a
renewal of the application upon notice and after proof that the
financial condition of the offender has changed.
Punishment upon return of habeas corpus. Where the accused is
brought up by virtue of a writ of habeas corpus, he must, after the
final order is made, be remanded to the custody of the sheriff, or other
officer, to whom the writ was directed. If the final order directs that
he be punished by imprisonment, or committed until the payment of a sum
of money, he must be so imprisoned or committed, upon his discharge from
custody under the mandate, by virtue of which he is held by the sheriff,
or other officer.
Punishment upon return of application. Upon the return of an
application to punish for contempt, the questions which arise must be
determined, as upon any other motion; and, if the determination is to
the effect specified in section seven hundred and seventy, the order
thereupon must be to the same effect as the final order therein
prescribed.
Except as hereinafter provided, the offender may be committed upon a
certified copy of the order so made, without further process. Where the
commitment is ordered to punish an offense committed with respect to an
enforcement procedure under the civil practice law and rules or pursuant
to section two hundred forty-five of the domestic relations law, and the
defendant has not appeared upon the return of the application, the final
order directing punishment and commitment of the offender shall include
a provision granting him leave to purge himself of the contempt within
ten days after personal service of the order by performance of the act
or duty the omission of which constitutes the misconduct for which he is
to be punished, and the act or duty to be performed shall be specified
in the order. Upon a certified copy of the order, together with proof by
affidavit that more than ten days have elapsed since personal service
thereof upon the offender, and that the act or duty specified has not
been performed, the court may issue without notice a warrant directed to
the sheriff or other enforcement officer of any jurisdiction in which
the offender may be found. The warrant shall command such officer to
arrest the offender forthwith and bring him before the court, or a judge
thereof, to be committed or for such further disposition as the court in
its discretion shall direct.
Amount of fine. If an actual loss or injury has been caused to
a party to an action or special proceeding, by reason of the misconduct
proved against the offender, and the case is not one where it is
specially prescribed by law, that an action may be maintained to recover
damages for the loss or injury, a fine, sufficient to indemnify the
aggrieved party, must be imposed upon the offender, and collected, and
paid over to the aggrieved party, under the direction of the court. The
payment and acceptance of such a fine constitute a bar to an action by
the aggrieved party, to recover damages for the loss or injury.
Where it is not shown that such an actual loss or injury has been
caused, a fine may be imposed, not exceeding the amount of the
complainant's costs and expenses, and two hundred and fifty dollars in
addition thereto, and must be collected and paid, in like manner. A
corporation may be fined as prescribed in this section.
If a fine is imposed to punish an offense committed with respect to an
enforcement procedure under the civil practice law and rules or pursuant
to section two hundred forty-five of the domestic relations law, and it
has not been shown that such an actual loss or injury has been caused
and the defendant has not appeared upon the return of the application,
the order imposing fine, if any, shall include a provision granting the
offender leave to purge himself of the contempt within ten days after
personal service of the order by appearing and satisfying the court that
he is unable to pay the fine or, in the discretion of the court, by
giving an undertaking in a sum to be fixed by the court conditioned upon
payment of the fine plus costs and expenses and his appearance and
performance of the act or duty, the omission of which constitutes the
misconduct for which he is to be punished. The order may also include a
provision committing the offender to prison until the fine plus costs
and expenses are paid, or until he is discharged according to law. Upon
a certified copy of the order imposing fine, together with proof by
affidavit that more than ten days have elapsed since personal service
thereof upon the offender, and that the fine plus costs and expenses has
not been paid, the court may issue without notice a warrant directed to
the sheriff or other enforcement officer of any jurisdiction in which
the offender may be found. The warrant shall command such officer to
arrest the offender forthwith and bring him before the court, or a judge
thereof, to be committed or for such other disposition as the court in
its discretion shall direct.
Length of imprisonment and periodic review of proceedings. 1.
Where the misconduct proved consists of an omission to perform an act or
duty, which is yet in the power of the offender to perform, he shall be
imprisoned only until he has performed it, and paid the fine imposed,
but if he shall perform the act or duty required to be performed, he
shall not be imprisoned for the fine imposed more than three months if
the fine is less than five hundred dollars, or more than six months if
the fine is five hundred dollars or more. In such case, the order, and
the warrant of commitment, if one is issued, must specify the act or
duty to be performed, and the sum to be paid. In every other case, where
special provision is not otherwise made by law, the offender may be
imprisoned for a reasonable time, not exceeding six months, and until
the fine, if any, is paid; and the order, and the warrant of commitment,
if any, must specify the amount of the fine, and the duration of the
imprisonment. If the term of imprisonment is not specified in the order,
the offender shall be imprisoned for the fine imposed three months if
the fine is less than five hundred dollars, and six months if the fine
imposed is five hundred dollars or more. If the offender is required to
serve a specified term of imprisonment, and in addition to pay a fine,
he shall not be imprisoned for the nonpayment of such fine for more than
three months if such fine is less than five hundred dollars or more than
six months if the fine imposed is five hundred dollars or more in
addition to the specified time of imprisonment.
2. In all instances where any offender shall have been imprisoned
pursuant to article nineteen of the judiciary law and where the term of
such imprisonment is specified to be an indeterminate period of time or
for a term of more than three months, such offender, if not then
discharged by law from imprisonment, shall within ninety days after the
commencement of such imprisonment be brought, by the sheriff, or other
officer, as a matter of course personally before the court imposing such
imprisonment and a review of the proceedings shall then be held to
determine whether such offender shall be discharged from imprisonment.
At periodic intervals of not more than ninety days following such
review, the offender, if not then discharged by law from imprisonment,
shall be brought, by the sheriff, or other officer, as a matter of
course personally before the court imposing such imprisonment and
further reviews of the proceedings shall then be held to determine
whether such offender shall be discharged from imprisonment. Where such
imprisonment shall have arisen out of or during the course of any action
or proceeding, the clerk of the court before which such review of the
proceedings shall be held, or the judge or justice of such court in case
there be no clerk, shall give reasonable notice in writing of the date,
time and place of each such review to each party or his attorney who
shall have appeared of record in such action or proceeding, at their
last known address.
When court may release offender. Where an offender, imprisoned
as prescribed in this article, is unable to endure the imprisonment, or
to pay the sum, or perform the act or duty, required to be paid or
performed, in order to entitle him to be released, the court, judge, or
referee may, in its or his discretion, and upon such terms as justice
requires, make an order, directing him to be discharged from the
imprisonment.
Where the commitment was made to punish a contempt of court committed
with respect to an enforcement procedure under the civil practice law
and rules, and the offender has purged himself of contempt as provided
in section seven hundred seventy-two or seven hundred seventy-three of
this article, the court out of which the execution was issued shall make
an order directing him to be discharged from the imprisonment.
Offender liable to indictment. A person, punished as prescribed
in this article, may, notwithstanding, be indicted for the same
misconduct, if it is an indictable offense; but the court, before which
he is convicted, must, in forming its sentence, take into consideration
the previous punishment.
Proceedings when accused does not appear. Where a person has
given an undertaking for his appearance, as prescribed in this article
and fails to appear, on the return day of the application, the court may
either issue a warrant of commitment, or make an order, directing the
undertaking to be prosecuted; or both.
Prosecution of undertaking by person aggrieved. The order
directing the undertaking to be prosecuted, may, in the discretion of
the court, direct the prosecution thereof, by and in the name of any
party aggrieved by the misconduct of the accused. In such a case, the
plaintiff may recover damages, to the extent of the loss or injury
sustained by him, by reason of the misconduct, together with the costs
and expenses of prosecuting the special proceeding in which the warrant
was issued; not exceeding the sum specified in the undertaking.
Prosecution of undertaking by attorney-general or district
attorney. If no party is aggrieved by the misconduct of the accused, the
order must, and, in any case where the court thinks proper so to direct,
it may, direct the prosecution of the undertaking, by the
attorney-general, or by the district attorney of the county in which it
was given, in the name of the people. In an action, brought pursuant to
the order, the people are entitled to recover the entire sum, specified
in the undertaking. Out of the money collected, the court, which
directed the prosecution, must direct that the person, at whose instance
the warrant was issued, be paid such a sum as it thinks proper, to
satisfy the costs and expenses incurred by him, and to compensate him
for any loss or injury sustained by him, by reason of the misconduct.
The residue of the money must be paid into the treasury of the state.
Sheriff liable for taking insufficient sureties. After the
return of an execution, issued upon a judgment, rendered in an action
upon the undertaking, an action, to recover the amount of the judgment,
may be maintained against the sheriff, where it appears that, at the
time when the undertaking was given, the sureties were insufficient, and
the sheriff had reasonable grounds to doubt their sufficiency. Such an
action may be maintained by the plaintiff, in whose favor the judgment
was recovered. If the people were plaintiffs, the action must be
prosecuted by the attorney-general or the district attorney; and any
money collected therein must be disposed of, as prescribed in the last
section.
Punishment of misconduct at trial term. Where a misconduct,
which is punishable by fine or imprisonment, as prescribed in this
article, occurs at a trial term, or with respect to a mandate returnable
at such term, and was not punished at the term at which it occurred, the
supreme court may inquire into and punish the misconduct, as if it had
occurred at a special term of the supreme court, held in the same
county, or with respect to a mandate returnable at such a special term.
ARTICLE 20 Collection of Fines
Clerk to make schedule of fines imposed. Where a fine has been
imposed by a court of record, upon a grand or trial juror, or upon any
officer or other person, without being accompanied with an order for the
immediate commitment of the person so fined, until the fine is paid, the
clerk of the court, immediately after the close of the term at which the
fine was imposed, must prepare a schedule, containing, in separate
columns, the following matters:
1. The name of each person fined.
2. His place of residence, where it appears, from the papers on file
or before the court, to be within the county.
3. The amount of the fine imposed upon him.
4. The cause for which the fine was imposed.
The clerk must subjoin to the schedule a certificate, to the effect,
that it contains a true abstract of the orders imposing fines, and must
annex it to the warrant specified in the next section.
Issue and contents of warrant. The clerk must immediately issue
a warrant, under the seal of the court, directed to the sheriff of the
county, and commanding him to collect from each of the persons named in
the schedule annexed to the warrant, the sum therein set opposite that
person's name; and to pay over the sum collected to the treasurer of the
county. The clerk must include in the said annexed schedule the name of
each person who has been fined, prior to the issuing thereof, and whose
fine remains then wholly or partly unpaid, and not remitted by the
court. The warrant is the process of the court, by which the fines were
imposed. If a delinquent resides in another county, a separate warrant,
for the collection of the fine imposed upon him, with an appropriate
schedule annexed thereto, must be issued, in like manner, to the sheriff
of the county where he resides.
Execution of warrant. The sheriff to whom a warrant is issued,
must collect each fine out of the personal property of the person fined,
as prescribed by law or the rules of civil practice for the collection,
by levy upon and sale of personal property, of an execution issued out
of a court of record; and he is entitled to like fees thereupon. If
sufficient personal property of a delinquent can not be found to pay the
fine and the fees, the sheriff must arrest the delinquent, and detain
him in custody until he pays the same, as upon an execution against the
person, issued in an action, out of the supreme court; and he is
entitled to like fees thereupon.
Return of warrant. The sheriff must return the warrant, with
his proceeding thereupon, at the term of the court; or, where the fine
was imposed, in any county except New York, by the supreme court, or the
county court at the term of the county court; held next after the
expiration of sixty days from the receipt thereof. If he fails to do so,
the district attorney must take the same proceedings to compel a return,
as may be taken by a judgment creditor, where a sheriff omits to return
an execution, issued out of the supreme court.
Proceedings if fine not collected. Where it appears, by the
return, that a fine remains uncollected, and it does not appear that the
sheriff has the delinquent in custody, the district attorney must, if he
has good reason to believe that the sheriff might, with due diligence,
have collected the fine, or arrested and detained the delinquent,
commence an action against the sheriff, in the name of the people.
Otherwise he must direct the clerk to issue a new warrant, or to include
the fine in the schedule, annexed to the next warrant, to be issued by
him. A new warrant may, from time to time, be issued, or the fine may be
included in the schedule annexed to a subsequent warrant, until it is
collected.
Liability of sheriff for omission of duty. An action may be
maintained, in behalf of the people, against a sheriff, to whom a
warrant is directed and delivered, as prescribed in this article, to
recover damages for any omission of duty with respect to the same, in a
case where a judgment creditor might maintain an action against a
sheriff, to whom an execution issued out of the supreme court is
directed and delivered. In such an action, the people are entitled to
recover the same damages, which a judgment creditor would be entitled to
recover, if the order imposing the fine was a judgment of the supreme
court.
Application of article. This article does not apply to a case,
where special provision for the collection of a fine is otherwise made
by law.
ARTICLE 20-A Remission of Fines and Forfeitures
Remitting fines and penalties and discharging recognizances.
Upon the application of a person, who has been fined by a court, or of a
person whose recognizance has become forfeited, or of his surety or of a
person who has posted cash bail, or bail by credit card or similar
device which has been forfeited, the county court of the county in which
the term of the court was held, where the fine was imposed, or the
recognizance taken, may, except as otherwise prescribed in section seven
hundred and ninety-nine; upon good cause shown, and upon such terms as
it deems just, make an order, remitting the fine, wholly or partly, or
the forfeiture of the recognizance, or part of the penalty thereof; or
it may discharge the recognizance. If a fine so remitted has been paid,
the county treasurer, or other officer, in whose hands the money
remains, must pay the same, or the part remitted, according to the
order.
Restrictions upon power to remit. Section seven hundred and
ninety-eight does not authorize a county court to remit any part of a
fine exceeding two hundred and fifty dollars imposed by the supreme
court upon conviction for a criminal offense; or a fine to any amount
imposed by a court upon an officer or other person, for an actual
contempt of court, or for disobedience to its process, or other mandate;
or to remit or discharge a recognizance taken in its county for the
appearance of a person in another county. In the latter case, the power
of remitting or discharging the recognizance is vested in the county
court of the county, in which the person is bound to appear.
Notice of application for remission and discharge and costs
on remission. An application for an order, as prescribed in section
seven hundred and ninety-eight, cannot be heard, until such notice
thereof as the court deems reasonable, has been given to the
district-attorney of the county, and until he has had an opportunity to
examine the matter, and prepare to resist the application. And upon
granting such an order, the court must always impose, as a condition
thereof, the payment of the costs and expenses, if any, incurred in an
action or special proceeding for the collection of the fine, or the
penalty of the recognizance.
ARTICLE 21 Court Libraries
Chief judge's library. The consultation library of the court of
appeals is continued. This library shall be under the exclusive
supervision of that court and the chief judge may add thereto from any
funds available.
Court of appeals judges' law libraries. The law libraries of
the judges of the court of appeals are continued. Each judge has sole
custody and control of the library assigned to him or to her and on
expiration of the judge's term of office he or she shall deliver it to
his or her successor. The judge may add to it from any funds available.
Appellate division libraries. The libraries heretofore
established for the appellate divisions of the supreme court are
continued. They are under exclusive supervision of the respective
appellate divisions. The justices of the court shall be trustees thereof
who shall continue to be vested with all the powers with regard thereto
now possessed by those justices.
Court law libraries. Each county of the state shall have a
court law library which shall be governed as provided by section eight
hundred fourteen of this article. Such libraries shall be open to the
public, however, the chief administrator of the courts may issue
guidelines for the use and operation of such libraries. All supreme
court and county court libraries established as of the effective date of
this section are continued as court law libraries, including the
following as they have been named:
JOSEPH F. BARNARD MEMORIAL LIBRARY AT POUGHKEEPSIE;
DAVID L. FOLLETT MEMORIAL LIBRARY AT NORWICH;
HAMILTON ODELL LIBRARY AT MONTICELLO;
EMORY A. CHASE MEMORIAL LIBRARY AT CATSKILL;
FRANCIS BERGAN LAW LIBRARY AT ALBANY;
LOUIS H. FOLMER LAW LIBRARY AT CORTLAND;
JOSEPH F. EGAN MEMORIAL SUPREME COURT LAW LIBRARY AT SCHENECTADY;
ERNEST N. WARREN LAW LIBRARY AT ITHACA;
F. WALTER BLISS SUPREME COURT LIBRARY AT SCHOHARIE;
JOSEPH P. MOLINARI SUPREME COURT LIBRARY AT COOPERSTOWN;
COURT OF APPEALS LIBRARY AT SYRACUSE;
CHARLES B. SWARTWOOD LAW LIBRARY AT ELMIRA and
F. WARREN TRAVERS SUPREME COURT LIBRARY AT TROY.
Care and management of court law libraries. 1. Each court law
library shall be under the care and management of the chief
administrator of the courts. Each shall have a board of trustees, which
shall consist of four members, all of whom shall be residents of the
county in which the library is located, and who shall be appointed by
the chief administrator in accordance with this section. The chair of
the board shall be a justice of the supreme court or, if no justice
resides in the county, a judge of the county court, family court or of
the surrogate's court of the county. Of the remaining members of the
board, one shall be an attorney who has been admitted to the practice of
law in this state; one shall be a member of the board of supervisors or
other legislative body of the county in which the library is located, or
in the case of a county wholly contained within a city, of the
legislative body of such city, and one member shall be appointed upon
the recommendation of the president of the county bar association. In
addition to the four members of each board of trustees provided for
hereinabove, the chief administrator of the courts may, in his
discretion, appoint such other members as he deems appropriate. The
members of the board shall serve without pay for a term of two years and
shall be eligible to be reappointed to successive terms of office.
Membership on a board of trustees shall terminate whenever a member
ceases to be a resident of the county, or ceases to hold public office
if the holding of such public office was required at the time of such
member's appointment to the board. A vacancy shall be filled for the
unexpired term in the same manner as an original appointment.
2. Each board of trustees shall provide the chief administrator with
such assistance as he or she shall require in maintaining and operating
the court law library.
3. In the event of any change in the designation of a court law
library for the purpose of receiving materials transmitted pursuant to
paragraph c of subdivision four of section one hundred two of the
executive law, the chief administrator shall cause the previously
designated library within such judicial district to transfer all such
materials in its possession to the newly designated library.
4. The provisions of this section shall not apply to the supreme court
library in borough of Brooklyn nor to the supreme court library at
Buffalo until April first, nineteen hundred ninety-four. Such libraries
are continued as court law libraries under the provisions of this
article effective April first, nineteen hundred ninety-four.
Supreme court library at Richmond. The law library for the
county officials of the county of Richmond, as now constituted and all
of the books therein, shall be the law library of the supreme court of
the state of New York in the thirteenth judicial district and shall be
in the care and custody and under the control of the justices of the
supreme court of the state of New York in the thirteenth judicial
district or a majority of them, not designated as justices of the
appellate division, who shall be the trustees thereof. The trustees
shall have power to receive by gift, devise or bequest any property
given or conveyed for the purpose of a law library and to hold and
manage and dispose of the same, and may make rules and regulations for
the management and protection of said library and prescribe penalties
for the violation thereof. They may sue for and recover such penalties
and may maintain actions for injury to said library. They may also
designate from among their number a library committee or committees, the
members of which shall have the power to administer the rules and
regulations prescribed by the said trustees. The trustees may employ and
appoint such persons as they may deem necessary for the proper care,
management and maintenance of said library and fix their salaries. The
library and the equipment shall also be available for the use of the
surrogate, family and criminal court judges, district attorney and other
county officials of the county of Richmond and the judges of the civil
court of the city of New York presiding in such county. The librarian
and the assistant librarian, shall, in addition to the duties of
librarian and assistant librarian, perform any and all duties as may be
required of or imposed upon them by said trustees. The trustees may also
procure proper furniture for the said library, purchase books therefor
and defray all the expenses incidental to its care and management. They
shall yearly ascertain the amount necessary for the aforesaid purposes
and certify it to the board of estimate who shall provide for raising
and paying the same.
ARTICLE 21-A Community Dispute Resolution Centers Program
Definitions. For the purposes of this article:
1. "Center" means a community dispute center which provides
conciliation, mediation, arbitration or other forms and techniques of
dispute resolution.
2. "Mediator" means an impartial person who assists in the resolution
of a dispute.
3. "Grant recipient" means any nonprofit organization that administers
a community dispute resolution center pursuant to this article, and is
organized for the resolution of disputes or for religious, charitable or
educational purposes.
Establishment and administration of centers. 1. There is
hereby established the community dispute resolution center program, to
be administered and supervised under the direction of the chief
administrator of the courts, to provide funds pursuant to this article
for the establishment and continuance of dispute resolution centers on
the basis of need in neighborhoods, and to provide funds for the
establishment and implementation of a pilot program in accordance with
subdivision (b) of section four hundred twenty-five of the family court
act.
2. Every center shall be operated by a grant recipient.
3. All centers shall be operated pursuant to contract with the chief
administrator and shall comply with all provisions of this article. The
chief administrator shall promulgate rules and regulations to effectuate
the purposes of this article, including provisions for periodic
monitoring and evaluation of the program.
4. A center shall not be eligible for funds under this article unless:
(a) it complies with the provisions of this article and the applicable
rules and regulations of the chief administrator;
(b) it provides neutral mediators who have received at least
twenty-five hours of training in conflict resolution techniques;
(c) it provides dispute resolution without cost to indigents and at
nominal or no cost to other participants;
(d) it provides that during or at the conclusion of the dispute
resolution process there shall be a written agreement or decision
setting forth the settlement of the issues and future responsibilities
of each party and that such agreement or decision shall be available to
a court which has adjourned a pending action pursuant to section 170.55
of the criminal procedure law or, in the case of written agreements
reached pursuant to the pilot program established pursuant to
subdivision (b) of section four hundred twenty-five of the family court
act, that such agreement shall be submitted to the family court for
approval in accordance with such section;
(e) it does not make monetary awards except upon consent of the
parties and such awards do not exceed the monetary jurisdiction of the
small claims part of the justice court, except that where an action has
been adjourned in contemplation of dismissal pursuant to section 215.10
of the criminal procedure law, a monetary award not in excess of five
thousand dollars may be made; and
(f) it does not accept for dispute resolution any defendant who is
named in a filed felony complaint, superior court information, or
indictment, charging: (i) a class A felony, or (ii) a violent felony
offense as defined in section 70.02 of the penal law, or (iii) any drug
offense as defined in article two hundred twenty of the penal law, or
(iv) a felony upon the conviction of which defendant must be sentenced
as a second felony offender, a second violent felony offender, or a
persistent violent felony offender pursuant to sections 70.06, 70.04 and
70.08 of the penal law, or a felony upon the conviction of which
defendant may be sentenced as a persistent felony offender pursuant to
section 70.10 of such law.
5. Parties must be provided in advance of the dispute resolution
process with a written statement relating:
(a) their rights and obligations;
(b) the nature of the dispute;
(c) their right to call and examine witnesses;
(d) that a written decision with the reasons therefor will be
rendered; and
(e) that the dispute resolution process will be final and binding upon
the parties.
6. Except as otherwise expressly provided in this article, all
memoranda, work products, or case files of a mediator are confidential
and not subject to disclosure in any judicial or administrative
proceeding. Any communication relating to the subject matter of the
resolution made during the resolution process by any participant,
mediator, or any other person present at the dispute resolution shall be
a confidential communication.
Application procedures. 1. Funds appropriated or available
for the purposes of this article may be allocated for programs proposed
by eligible centers. Nothing in this article shall preclude existing
resolution centers from applying for funds made available under this
article provided that they are otherwise in compliance with this
article.
2. Centers shall be selected by the chief administrator from
applications submitted.
3. The chief administrator shall require that applications submitted
for funding include, but need not be limited to the following:
(a) The cost of each of the proposed centers components including the
proposed compensation of employees.
(b) A description of the proposed area of service and number of
participants who may be served.
(c) A description of available dispute resolution services and
facilities within the proposed geographical area.
(d) A description of the applicant's proposed program, including
support of civic groups, social services agencies and criminal justice
agencies to accept and make referrals; the present availability of
resources; and the applicant's administrative capacity.
(e) Such additional information as is determined to be needed pursuant
to rules of the chief administrator.
Payment procedures. 1. Upon the approval of the chief
administrator, funds appropriated or available for the purposes of this
article shall be used for the costs of operation of approved programs.
The methods of payment or reimbursement for dispute resolution costs
shall be specified by the chief administrator and may vary among
centers. All such arrangements shall conform to the eligibility criteria
of this article and the rules and regulations of the chief
administrator.
2. Except as provided in section four hundred twenty-five of the
family court act, the state share of the cost of any center approved
under this section shall include a basic grant of up to forty thousand
dollars for each county served by the center and may include an
additional amount not exceeding fifty per centum of the difference
between the approved estimated cost of the program and the basic grant.
Funding. 1. The chief administrator may accept and disburse
from any public or private agency or person, any money for the purposes
of this article.
2. The chief administrator may also receive and disburse federal funds
for purposes of this article, and perform services and acts as may be
necessary for the receipt and disbursement of such federal funds.
(a) A grant recipient may accept funds from any public or private
agency or person for the purposes of this article.
(b) The state comptroller, the chief administrator and their
authorized representatives, shall have the power to inspect, examine and
audit the fiscal affairs of the program.
(c) Centers shall, whenever reasonably possible, make use of public
facilities at free or nominal cost.
Rules and regulations. The chief administrator shall
promulgate rules and regulations to effectuate the purposes of this
article.
Reports. Each resolution center funded pursuant to this
article shall annually provide the chief administrator with statistical
data regarding the operating budget, the number of referrals, categories
or types of cases referred, number of parties serviced, number of
disputes resolved, nature of resolution, amount and type of awards, rate
of compliance, returnees to the resolution process, duration and
estimated costs of hearings and such other information the chief
administrator may require and the cost of hearings as the chief
administrator requires. The chief administrator shall thereafter report
annually to the governor and the temporary president of the senate,
speaker of the assembly, and chairpersons of the judiciary and children
and families committees regarding the operation and success of the
centers funded pursuant to this article. The chief administrator shall
include in such report all the information for each center that is
required to be in the report from each center to the chief
administrator. Such annual report shall also evaluate and make
recommendations regarding the operation and success of such center.
ARTICLE 21-B Justice Court Assistance Program
Establishment and administration of program. 1. There is
hereby established a justice court assistance program (hereinafter
referred to in this article as the "program"), to be administered and
supervised under the direction of the chief administrator of the courts,
to provide funds pursuant to this article to assist the operation of
town and village justice courts. The chief administrator shall
promulgate rules and regulations to effectuate the purposes of this
article, including provisions for periodic monitoring and evaluation of
the program. Each town or village receiving funds pursuant to this
article shall comply with all such rules and regulations and with all
provisions of this article.
2. Funds available pursuant to this article may be used for any
purpose having as its end enhancement of the justice courts' ability to
provide suitable and sufficient services to their respective
communities. These purposes may include, but shall not be limited to,
automation of court operations; improvement or expansion of court
facilities; provision of appropriate means for the recording of court
proceedings; provision of lawbooks, treatises and related materials; and
provision of appropriate training for justices and for nonjudicial court
staff. Except as may otherwise be provided by rule of the chief
administrator, funds available pursuant to this article shall not be
used to compensate justices and nonjudicial court staff, nor shall they
be used as a means of reducing funding provided by a town or village to
its justice court.
Application procedures. 1. Each town and village having a
justice court may make an individual application for funds available
pursuant to this article, or two or more such towns or villages, or
towns and villages, may make a joint application for such funds. All
applications shall be submitted to the chief administrator of the courts
for his or her approval.
2. The chief administrator shall require that applications submitted
for funding provide such information as he or she deems necessary,
including at least the following:
(a) The amount of funding sought.
(b) A detailed description of the purpose or purposes to which the
funding will be applied.
(c) A detailed description of the court or courts making the
application, including information as to staffing, caseload, budget and
facilities as well as general information about the community or
communities served, where such general information would be pertinent to
the purpose to which the funding will be applied.
3. In determining whether to approve an application, the chief
administrator shall consider:
(a) Whether the applicant has complied with all rules and regulations
governing the program and all pertinent provisions of this article;
(b) The likely impact of approving such application upon the court or
courts to be affected thereby, upon the communities served, and upon the
judiciary generally;
(c) The availability of other sources of funding to pay some or all of
the costs for which the application seeks funding under the program;
(d) The number and content of all other applications for funding then
available under the program;
(e) The extent of funding already received under the program by the
applicant (or joint applicants) pursuant to past applications; and
(f) The magnitude of the funding appropriated for the purposes of this
article.
4. Notwithstanding any other provision of law, the chief administrator
shall not approve any application for funding in excess of thirty
thousand dollars unless such application is a joint application and the
aggregate funding sought thereunder does not exceed an amount equaling
the product of the number of joint applicants making such application
and thirty thousand dollars.
Payment procedures; audits. 1. Upon approval of an
application, the chief administrator, within available appropriations,
may authorize disbursement of funds in any amount up to the amount
sought by the application. Such disbursement may be by advance payment
to the applicant (or joint applicants, as appropriate) before it incurs
the cost for which its application sought funding, by reimbursement to
the applicant after it incurs and pays such costs in the first instance,
or by some combination thereof, as the chief administrator determines is
appropriate under the circumstances.
2. The state comptroller, the chief administrator and their authorized
representatives shall have the power to inspect, examine and audit the
fiscal affairs of the applicant (or applicants) to an approved
application granted pursuant to this article to the extent necessary to
determine whether funding received under the program has been used in
accordance with the purpose or purposes for which it was sought in the
application, and whether there has been compliance with all rules and
regulations governing the program and the provisions of this article.
Reports. The chief administrator of the courts shall report
annually to the governor and the legislature regarding the operation and
success of the program established by this article.
ARTICLE 21-C Court-appointed Special Advocates Program
Appointment. A person employed by, or volunteering for, a
court-appointed special advocate (CASA) program shall not be eligible
for appointment by a family court to assist such court unless such
program is in compliance with the rules and regulations of the chief
administrator of the courts adopted pursuant to paragraph (w) of
subdivision two of section two hundred twelve of this chapter, and such
program has been approved by the chief administrator. Such person or
volunteer so appointed shall only exercise the functions and duties
specifically authorized by the court.
Confidentiality. Each CASA program shall safeguard the
confidentiality of all information and material in accordance with
applicable state and federal laws, rules and regulations and, to this
end, shall ensure that all of its board members, officers, employees and
volunteers are trained in, and comply with, such laws, rules and
regulations.
ARTICLE 22 Judicial Hearing Officers
Designation of judicial hearing officers. 1. Subject to the
provisions of subdivision three of this section and to rules of the
chief administrator of the courts, any person who has served as a judge
or justice of a court of record of the unified court system or of a city
court which is not a court of record, but who no longer holds judicial
office, may, upon his application, be designated by the chief
administrator as a judicial hearing officer upon a determination by the
chief administrator (a) that the former judge has the mental and
physical capacity to perform the duties of such office and (b) that the
services of that former judge are necessary to expedite the business of
the courts.
2. The term of service of a judicial hearing officer shall be fixed by
the chief administrator.
3. No person who has been removed from a judicial position pursuant to
section twenty-two of article six of the constitution may be designated
as a judicial hearing officer.
4. Each person, upon designation as a judicial hearing officer as
provided herein, shall file with the chief administrator a sworn
statement that such person will faithfully and fairly do such acts and
make such determinations and reports as may be required by the
designation as a judicial hearing officer.
Assignments. 1. The chief administrator of the courts shall
establish panels of judicial hearing officers for such courts or
geographical areas as the chief administrator deems appropriate.
2. Assignments to a pending matter or to a part of court shall be made
from each such panel as required by the judicial or administrative needs
of the courts and in conformance with law and such rules as the chief
administrator may promulgate.
Compensation. 1. For the performance of an assignment
hereunder, each judicial hearing officer shall receive his actual and
necessary expenses thereby incurred plus compensation in an amount to be
established by the chief administrator of the courts. Such expenses and
compensation shall be state charges payable out of funds appropriated to
the administrative office for the courts for such purpose. A judicial
hearing officer shall receive no other compensation for the performance
of services in such capacity.
2. Notwithstanding any other provision of law, where a person is a
"retired person", as such term is defined in article seven of the
retirement and social security law, service as a judicial hearing
officer shall be subject to the provisions of that article.
Powers of judicial hearing officers. Each judicial hearing
officer shall have such powers as may be provided by law.
Chief administrator to make rules. The chief administrator of
the courts shall promulgate rules in order to effectuate the provisions
of this article.
ARTICLE 22-A Judicial Wellness or Assistance Committees
Judicial wellness or assistance committees. 1. Confidential
information privileged. The confidential relations and communications
between a member or authorized agent of a judicial wellness or
assistance committee sponsored by a state or local bar association and
any person, firm or corporation communicating with such committee, its
members or authorized agents, shall be deemed to be privileged on the
same basis as those provided by law between attorney and client. Such
privilege may be waived only by the person, firm or corporation which
has furnished information to the committee. This privilege shall not
extend to information received by a judge or lawyer serving as a member
of a judicial wellness or assistance committee that a judge is
committing or is likely to commit a substantial violation of the rules
governing judicial conduct.
2. Immunity from liability. Any person, firm or corporation in good
faith providing information to, or in any other way participating in the
affairs of, any of the committees referred to in subdivision one of this
section shall be immune from civil liability that might otherwise result
by reason of such conduct. For the purpose of any proceeding, the good
faith of any such person, firm or corporation shall be presumed.
ARTICLE 22-B Hope Card Act
Hope cards. 1. As used in this section, "hope card" shall mean
either:
(a) a digital image of the final order of protection as issued in
court, delivered via text message, email or other electronic
communication; or
(b) a durable, wallet-sized physical card that contains a summary of
information about a final order of protection.
2. The office of court administration shall develop a program to issue
a hope card to any party protected by a final order of protection. The
program shall allow protected parties to request a hope card at the time
a final order of protection has been issued while in court, and the
ability to apply at a later date. A hope card shall be provided at no
cost to a protected party. For the purposes of determining whether
reasonable cause for an arrest exists under paragraph (b) of subdivision
four of section 140.10 of the criminal procedure law, a hope card shall
have the same effect as a copy of an underlying order of protection in
indicating the prior issuance of such an order.
3. The wallet-sized, physical hope card shall contain a summary of the
order of protection, including:
(a) the name and date of birth of the primary protected party and any
other protected parties;
(b) the name and date of birth of the individual restrained;
(c) the issuing court and judge;
(d) the docket or dockets, case or cases or indictment number or
indictment numbers for the relevant case or cases, and the final order
number; and
(e) the date of issuance and expiration of the final order.
4. Any protected party may elect to receive a hope card:
(a) in digital form, delivered via text message, email or other
electronic communication;
(b) in physical form, printed on a durable, wallet-sized card; or
(c) both.
5. Applications for hope cards shall be made accessible in an online
portal developed and maintained by the office of court administration,
as well as a paper form to be made available at any court with
jurisdiction to issue an order of protection.
ARTICLE 22-C New York State Judicial Security Act
New York state judicial security act. 1. Definitions. As used
in this article:
(a) "Eligible individual" shall mean an actively employed or former:
(i) judge or justice of the unified court system or judge of the
housing part of the civil court of the city of New York; or
(ii) a federal judge, which shall include a federal judge or a senior,
recalled, or retired federal judge sitting or maintaining chambers in
New York, where such federal judge means:
(A) a justice of the United States or a judge of the United States, as
those terms are defined in section 451 of title 28, United States Code;
(B) a bankruptcy judge appointed under section 152 of title 28, United
States Code;
(C) a United States magistrate judge appointed under section 631 of
title 28, United States Code;
(D) a judge confirmed by the United States Senate and empowered by
statute in any commonwealth, territory, or possession to perform the
duties of a federal judge;
(E) a judge of the United States Court of Federal Claims appointed
under section 171 of title 28, United States Code;
(F) a judge of the United States Court of Appeals for Veterans Claims
appointed under section 7253 of title 38, United States Code;
(G) a judge of the United States Court of Appeals for the Armed Forces
appointed under section 942 of title 10, United States Code;
(H) a judge of the United States Tax Court appointed under section
7443 of the Internal Revenue Code of 1986; or
(I) a special trial judge of the United States Tax Court appointed
under section 7443A of the Internal Revenue Code of 1986.
(b) "Immediate family" shall mean, for each eligible individual, the
spouse, former spouse, parent, child, and sibling.
(c) "Personal information" shall include the following for an eligible
individual and, if such individual so indicates as provided in
subparagraph (ii) of paragraph (a) of subdivision two of this section,
for the members of their immediate family: (i) home address, including
primary residence and secondary residences; (ii) unlisted telephone
number; (iii) personal cell phone number; (iv) personal email address;
(v) social security number; (vi) driver's license number; (vii) license
plate number; (viii) marital status and identity of any present and
former spouse; (ix) identity of children under the age of eighteen; (x)
name and address of a school or day care facility attended by an
immediate family member; (xi) bank account number; (xii) credit or debit
card number; and (xiii) personal identification number (PIN).
(d) "Cease making public the personal information" of an identified
person shall mean deleting, redacting or otherwise removing any existing
posting on the internet and any display or publication in any medium
accessible to the public containing such personal information and
ceasing the sharing, trading, or transferring of such personal
information with others, as is specified in the written request of the
eligible individual on whose behalf the notification is made.
(e) "Excluded entity" means a commercial entity engaged in the
following activity:
(i) reporting, news-gathering, speaking, or other activity intended to
inform the public on matters of public interest or public concern;
(ii) using personal information internally, providing access to
businesses under common ownership or affiliated by corporate control, or
selling or providing data for transaction or service requested by or
concerning the individual whose personal information is being
transferred;
(iii) providing publicly available information via real-time or near
real-time alert services for health or safety purposes;
(iv) any activity where the commercial entity is a consumer reporting
agency subject to the Fair Credit Reporting Act (15 U.S.C. 1681, et
seq.);
(v) any activity where the commercial entity is a financial
institution subject to the Gramm-Leach-Bliley Act (Public Law 106-102)
and regulations implementing that Act;
(vi) providing 411 directory assistance or directory information
services, including name, address, and telephone number, on behalf of or
as a function of a telecommunications carrier;
(vii) any activity where the commercial entity is subject to the
privacy regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320-d
note); and
(viii) the collection and sale or licensing of personal information
incidental to conducting the activities described in this paragraph.
(f) "Public agency" shall mean an agency of the state of New York and
any of its political subdivisions.
2. Written request. (a) An eligible individual or their representative
may submit a written request to their employer or former employer. To be
enforceable, a written request shall be signed by an eligible
individual, or their representative, and specify:
(i) those items of personal information that the eligible individual
wishes to be kept from being made public;
(ii) the identity of members of the eligible individual's immediate
family and whether, for purposes of the written request, their personal
information should be deemed to include that of such immediate family
members; and
(iii) each person, business, association, and public or private agency
that the eligible individual wishes to bar from making public the
personal information of such eligible individual.
(b) The employer may develop procedures to review and process written
requests.
(c) (i) If a written request has been properly submitted and is
complete, the employer for an active or former judge or justice of the
unified court system or active or former judge of the housing part of
the civil court of the city of New York, as appropriate, shall, within
five business days of receipt of such written request from an eligible
individual, notify each person, business, association, and public or
private agency identified in the written request that (A) within
seventy-two hours of receipt of such notification, that such person,
business, association, and public or private agency must cease making
public the personal information of the eligible individual identified in
such request, and (B) they must make reasonable efforts to ensure that
the personal information of the eligible individual is not made
available on any website or subsidiary website controlled by that
person, business, or association. For purposes of this subparagraph,
notification shall be by certified mail, return receipt requested,
either at the recipient's last known residence (if recipient is a
person) or at the recipient's principal office (which shall be the
location at which the office of the chief executive officer of the
recipient is generally located).
(ii) If a written request has been properly submitted and is complete,
the employer of an active or former federal judge of a federal court
established in New York may notify each person, business, association,
and public or private agency identified in the written request that (A)
within seventy-two hours of receipt of such notification, they must
cease making public the personal information of the eligible individual
identified in such request, and (B) they must make reasonable efforts to
ensure that the personal information of the eligible individual is not
made available on any website or subsidiary website controlled by that
person, business, or association. For purposes of this subparagraph,
notification may be by certified mail, return receipt requested, either
at the recipient's last known residence (if the recipient is a person)
or at the recipient's principal office (which shall be the location at
which the office of the chief executive officer of the recipient is
generally located).
(iii) Notwithstanding any provision of this paragraph to the contrary,
subparagraphs (i) and (ii) of this paragraph shall not apply to:
(A) display of the personal information of an eligible individual if
such information is relevant to and displayed as part of a news story,
commentary, editorial, or other speech on a matter of public concern;
(B) personal information that the eligible individual voluntarily
publishes after the effective date of this section;
(C) personal information received from a public agency or from an
agency of the federal government; and
(D) permissible uses of personal information pursuant to the Driver's
Privacy Protection Act (18 U.S.C. § 2721 et seq.), except that no
eligible individual making a written request under this article shall be
deemed to have given express consent to share personal information for
the purposes of 18 U.S.C. § 2721(b), unless the written request contains
an express declaration to the contrary.
3. Recipient of notification not to make an eligible individual's
personal information public. After a person, business, association, or
public or private agency has received a notification pursuant to
paragraph (c) of subdivision two of this section, they shall have
seventy-two hours to cease making public the personal information of the
eligible individual identified in such notification.
4. (a) An eligible individual may seek an injunction or declaratory
relief in a court of competent jurisdiction against a person, business,
association, or public or private agency that, after receiving a
notification pursuant to paragraph (c) of subdivision two of this
section, fails to timely comply with the requirements of such
notification. If the court grants such injunctive or declaratory relief,
the affected person, business, association, or agency shall be required
to pay the eligible individual's costs and reasonable attorney's fees.
(b) Upon a violation of any order granting injunctive or declarative
relief obtained pursuant to this subdivision, the court issuing such
order may: (i) where the violator is a public agency, impose a fine not
exceeding one thousand dollars and require the payment of court costs
and reasonable attorney's fees; or (ii) where the violator is a person,
business, association, or private agency, award damages to the affected
eligible individual in an amount up to a maximum of three times the
actual damages, but not less than four thousand dollars, and require the
payment of court costs and reasonable attorney's fees.
5. Notwithstanding any other provision of law, where the department of
motor vehicles receives a notification pursuant to paragraph (c) of
subdivision two of this section, such department shall comply therewith
except that, where the notification requires the department to cease
making a person's address public, the department may make their business
address public.
ARTICLE 23 Laws Repealed; When to Take Effect
Laws repealed. Of the laws enumerated in the schedule hereto
annexed, that portion specified in the last column is hereby repealed.
When to take effect. This chapter shall take effect
immediately.