§ 26 — Temporary assignments of justices or judges to other courts

New York § 26

• Jurisdiction: New York
• Law CNS: Constitution
• Art. VI: Judiciary

Text

§ 26. a. A justice of the supreme court may perform the duties of\noffice or hold court in any county and may be temporarily assigned to\nthe supreme court in any judicial district or to the court of claims. A\njustice of the supreme court in the city of New York may be temporarily\nassigned to the family court in the city of New York or to the\nsurrogate's court in any county within the city of New York when\nrequired to dispose of the business of such court.\n b. A judge of the court of claims may perform the duties of office or\nhold court in any county and may be temporarily assigned to the supreme\ncourt in any judicial district.\n c. A judge of the county court may perform the duties of office or\nhold court in any county and may be temporarily assigned to the supreme\ncourt in the judicial department of his or her residence or to the\ncounty court or the family court in any county or to the surrogate's\ncourt in any county outside the city of New York or to a court for the\ncity of New York established pursuant to section fifteen of this\narticle.\n d. A judge of the surrogate's court in any county within the city of\nNew York may perform the duties of office or hold court in any county\nand may be temporarily assigned to the supreme court in the judicial\ndepartment of his or her residence.\n e. A judge of the surrogate's court in any county outside the city of\nNew York may perform the duties of office or hold court in any county\nand may be temporarily assigned to the supreme court in the judicial\ndepartment of his or her residence or to the county court or the family\ncourt in any county or to a court for the city of New York established\npursuant to section fifteen of this article.\n f. A judge of the family court may perform the duties of office or\nhold court in any county and may be temporarily assigned to the supreme\ncourt in the judicial department of his or her residence or to the\ncounty court or the family court in any county or to the surrogate's\ncourt in any county outside of the city of New York or to a court for\nthe city of New York established pursuant to section fifteen of this\narticle.\n g. A judge of a court for the city of New York established pursuant to\nsection fifteen of this article may perform the duties of office or hold\ncourt in any county and may be temporarily assigned to the supreme court\nin the judicial department of his or her residence or to the county\ncourt or the family court in any county or to the other court for the\ncity of New York established pursuant to section fifteen of this\narticle.\n h. A judge of the district court in any county may perform the duties\nof office or hold court in any county and may be temporarily assigned to\nthe county court in the judicial department of his or her residence or\nto a court for the city of New York established pursuant to section\nfifteen of this article or to the district court in any county.\n i. Temporary assignments of all the foregoing judges or justices\nlisted in this section, and of judges of the city courts pursuant to\nparagraph two of subdivision j of this section, shall be made by the\nchief administrator of the courts in accordance with standards and\nadministrative policies established pursuant to section twenty-eight of\nthis article.\n j. (1) The legislature may provide for temporary assignments within\nthe county of residence or any adjoining county, of judges of town,\nvillage or city courts outside the city of New York.\n (2) In addition to any temporary assignments to which a judge of a\ncity court may be subject pursuant to paragraph one of this subdivision,\nsuch judge also may be temporarily assigned by the chief administrator\nof the courts to the county court, the family court or the district\ncourt within his or her county of residence or any adjoining county\nprovided he or she is not permitted to practice law.\n k. While temporarily assigned pursuant to the provisions of this\nsection, any judge or justice shall have the powers, duties and\njurisdiction of a judge or justice of the court to which assigned. After\nthe expiration of any temporary assignment, as provided in this section,\nthe judge or justice assigned shall have all the powers, duties and\njurisdiction of a judge or justice of the court to which he or she was\nassigned with respect to matters pending before him or her during the\nterm of such temporary assignment.\n