Corkum v. Bartlett

386 N.E.2d 1066, 46 N.Y.2d 424, 414 N.Y.S.2d 98, 1979 N.Y. LEXIS 1794
CourtNew York Court of Appeals
DecidedFebruary 6, 1979
StatusPublished
Cited by27 cases

This text of 386 N.E.2d 1066 (Corkum v. Bartlett) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corkum v. Bartlett, 386 N.E.2d 1066, 46 N.Y.2d 424, 414 N.Y.S.2d 98, 1979 N.Y. LEXIS 1794 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Per Curiam.

On October 2, 1978, the Office of Court Administration announced the scheduling of public hearings concerning a proposed classification plan and proposed title standards for [427]*427nonjudicial employees of the unified court system.1 The announcement also advised that the hearings would consider an attached "Proposed administrative policy of the Chief Judge concerning the establishment of a classification plan and an appeals procedure”. The attachment indicated that the policy had been approved by the Court of Appeals after consultation by the Chief Judge with the Administrative Board of the courts,2 and that the court had sanctioned conducting the hearings on both subjects simultaneously.

Soon after the announcement and before the first hearing was scheduled, the petitioners, as court employees and presidents of associations of employees of the unified court system, commenced this article 78 proceeding to enjoin the Chief Administrator of the courts from holding any hearings on either the proposed administrative policy or title standards, from exercising any delegated powers or duties with regard to these proposals and, finally, from establishing or implementing any revised classification plan or title standards. In essence, the petitioners contend that (1) only the Chief Judge, in consultation with the Administrative Board, and with the approval of the Court of Appeals, may promulgate classification plans and title standards and that the delegation to the Chief Administrator of unilateral authority to do so and to hold hearings thereon is violative of section 28 of article VI of the State Constitution and section 211 of the Judiciary Law; that (2) the proposed policy, which would permit such delegation, is therefore also unconstitutional and unlawful; and that (3), in any event, until the proposed policy has actually been adopted, it is improper to hold hearings on the classification plan and title standards purportedly promulgated pursuant thereto.

Special Term, holding that the adoption of a classification plan was a nondelegable responsibility of the Chief Judge, entered a judgment enjoining the Chief Administrator from holding hearings or adopting the proposed plans. Upon appeal, however, the Appellate Division unanimously concluded that the formulation of a personnel classification plan and the holding of hearings in that connection were properly delega[428]*428ble. But, noting that implementation of the proposed plan or any revision thereof was still some time off, it withheld as premature any determination of whether responsibility for actual adoption was also delegable. On these bases, it reversed the judgment, dismissed the petition and permitted the hearings to proceed.3

For the reasons which follow, we believe the dismissal must be upheld. The Chief Administrator has the power to establish a classification plan when directly delegated that authority by the Chief Judge, and he may conduct public hearings in furtherance of that purpose.

The constitutional roots of the power exercised by those charged with the administration of the State court system are to be found in section 28 of article VI of the New York Constitution, which reads:

"§ 28. a. 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. There shall be an administrative board of the courts which shall consist of the chief judge of the court of appeals as chairman and the presiding justice of the appellate division of the supreme court of each judicial department. The chief judge shall, with the advice and consent of the administrative board of the courts, appoint a chief administrator of the courts who shall serve at his pleasure.

"b. The chief administrator, 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 of the courts shall have such powers and duties as may be delegated to him by the chief judge and such additional powers and duties as may be provided by law.

"c. The chief judge, after consultation with the administrative board, shall establish standards and administrative policies for general application throughout the state, which shall be submitted by the chief judge to the court of appeals, together with the recommendations, if any, of the administrative board. Such standards and administrative policies shall be promulgated after approval by the court of appeals.”

Striking is the unqualified constitutional statement that [429]*429"the chief administrator * * * shall supervise the administration and operation of the unified court system.” True, this broad power is hemmed in by the fact that the administrator serves at the will and on behalf of the Chief Judge, but the breadth of the Chief Judge’s power as the fount of the delegation makes it a strength as well. For, with respect to supervision or management, as distinguished from policy formulation, the Constitution places no limitations on the duties the Chief Judge may delegate to the administrator. And, neither consultation with the Administrative Board nor approval by the Court of Appeals is a prerequisite to the exercise of supervisory powers by the Chief Administrator — a marked contrast with the restrictions placed on the establishment of "standards and administrative policies for general application throughout the state” (emphasis ours). Moreover, far from restricting the Chief Administrator in any way, subdivision b’s grant to him of "such additional powers and duties as may be provided by law” is merely a further source from which to add to the broad administrative authority of that office. In short, the Chief Judge’s administrative powers are complete, and the Chief Administrator may employ them fully when and while and to the extent that they have been delegated to him.

Of course, what is "administrative” is not always easy to determine. Generally, the term is an elastic one, dependent on the context in which the power came into existence and is expected to be exercised. In this case, a strong clue to the intent of the constitutional amendment’s legislative draftsmen is provided by section 211 of the Judiciary Law, which they also authored and which describes examples of what they considered to be the Chief Judge’s administrative powers.4 Pointedly, among the day-to-day operational functions which section 211 lists as administrative activities for which policy standards are to be established are "Personnel practices affecting nonjudicial personnel including: title structure, job definition, classification [etc.]” (Judiciary Law, § 211, subd 1, par [d]). The clear inference to be drawn from the statutory structure is that the Legislature considered the adoption of classification plans an administrative task, which, perforce, would be delegable by the Chief Judge. Indeed, to say the least, it would have been highly inconvenient, if not impractical, to implement any other concept of power distribution, [430]*430given the Chief Judge’s judicial obligations as a member of the Court of Appeals and his consequent probable need to rely on the Chief Administrator to deal with the mass of detail inherent in creating a personnel plan for such a large, diverse and complex organization as the unified court system with its approximately 9,500 nonjudicial employees.

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Bluebook (online)
386 N.E.2d 1066, 46 N.Y.2d 424, 414 N.Y.S.2d 98, 1979 N.Y. LEXIS 1794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corkum-v-bartlett-ny-1979.