§ 211 — Administrative functions of the chief judge of the court of appeals

New York § 211

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 7-A: Judicial Administration

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§ 211. Administrative functions of the chief judge of the court of\nappeals. 1. The chief judge, after consultation with the administrative\nboard, shall establish standards and administrative policies for general\napplication to the unified court system throughout the state, including\nbut not limited to standards and administrative policies relating to:\n (a) The dispatch of judicial business, the designation of\nadministrative judges, hours of court, assignment of terms and judges,\ntransfer of judges and causes among the courts of the unified court\nsystem, the assignment and reassignment of administrative functions\nperformed by judicial and nonjudicial personnel, the need for additional\njudicial or nonjudicial personnel, and the publication of judicial\nopinions.\n (b) The adoption, amendment, recission and implementation of rules and\norders regulating practice and procedure in the courts, subject to the\nreserved power of the legislature provided for in section thirty of\narticle six of the constitution.\n (c) The form and preparation of the itemized estimates of the annual\nfinancial needs of the unified court system.\n (d) Personnel practices affecting nonjudicial personnel including:\ntitle structure, job definition, classification, qualifications,\nappointments, promotions, transfers, leaves of absence, resignations and\nreinstatements, performance ratings, removal, sick leaves, vacations and\ntime allowances. Statewide standards and policies concerning personnel\npractices relating to nonjudicial personnel shall be consistent with the\ncivil service law, and shall be promulgated after a public hearing at\nwhich affected nonjudicial employees or their representatives shall have\nthe opportunity to submit criticisms, objections and suggestions\nrelating to the proposed standards and policies.\n (e) Administrative methods and systems of the unified court system.\n (f) The form, content, maintenance and disposition of court records.\n (g) Fiscal, accounting and auditing practices, the collection of fines\nand fees, and the custody and disposition of court funds.\n (g-1) A system of internal control for the unified court system,\npursuant to article seven-D of this chapter.\n (h) The purchase, distribution and allocation of equipment and\nsupplies.\n (i) The maintenance and management of law libraries, provision of\nrooms and accommodations for the courts of the unified court system, the\njudges, justices and the clerical and administrative personnel thereof.\n * (j) The continuing development and implementation of methods and\ntechniques designed to reduce significantly the trauma to child\nwitnesses likely to be caused by testifying in court proceedings.\n * NB Effective until September 1, 2027\n * (j) The examination of the operation of the courts and the state of\ntheir dockets and the investigation of criticisms and recommendations.\n * NB Effective September 1, 2027\n * (k) The appropriate education and training of judges and\nnon-judicial courtroom personnel concerning the social and psychological\nstages of child development to ensure that they adopt or modify, where\nappropriate, courtroom procedures, including the questioning and\ntreatment of a child witness by the parties, to protect the child from\nemotional or psychological harm.\n * NB Repealed September 1, 2027\n * (l) The examination of the operation of the courts and the state of\ntheir dockets and the investigation of criticisms and recommendations.\n * NB Repealed September 1, 2027\n 2. The chief judge shall submit such standards and administrative\npolicies to the court of appeals, together with the recommendations, if\nany, of the administrative board. Such standards and administrative\npolicies shall be promulgated by the chief judge after approval by the\ncourt of appeals.\n 3. Whenever there is a vacancy in the office of chief judge or if the\nchief judge shall be unable to exercise the duties, functions or powers\nof his office, during the period of such vacancy or inability the court\nof appeals shall designate an associate judge of that court to act in\nhis stead.\n 4. By September first, nineteen hundred eighty-eight, the chief judge,\nafter consultation with the administrative board, shall approve a form\nof annual statement of financial disclosure which form shall apply to\nall judges, justices, officers and employees of the courts of record of\nthe unified court system, who receive annual compensation at or above\nthe filing rate defined by paragraph (l) of subdivision one of section\nseventy-three-a of the public officers law or are determined to hold a\npolicy-making position pursuant to the rules and regulations promulgated\npursuant to this subdivision. Such form of annual statement of financial\ndisclosure shall be substantially similar to the form set forth in\nsubdivision three of section seventy-three-a of the public officers law.\nWithin one year after approval of such form, the chief judge shall cause\nthe chief administrator of the courts to promulgate rules or regulations\nwhich require every judge, justice, officer and employee of the courts\nof record of the unified court system, who receives annual compensation\nat or above the filing rate defined by paragraph (l) of subdivision one\nof section seventy-three-a of the public officers law or is determined\nto hold a policy-making position, to report the information required by\nthe approved form effective first with respect to a filing which shall\nbe required in nineteen hundred ninety-one (generally applicable to\ninformation for the preceding calendar year) and thereafter, effective\nfor future annual filings. Such rules and regulations shall also provide\nfor the determination, by the appointing authority, of policy-makers who\nshall be required to file the annual statement of financial disclosure\nrequired by this subdivision. Any judge, justice, officer or employee of\nthe courts of record of the unified court system who, pursuant to such\nrules or regulations, is required to file a completed annual statement\nof financial disclosure and who makes such filing in accordance with the\nrequirements contained in such rules or regulations, shall be deemed to\nhave satisfied the requirements of any other law mandating the filing of\na completed annual statement of financial disclosure for the applicable\ncalendar year which might otherwise apply to such judges, justices,\nofficers or employees, and no duplicate filing shall be required on\naccount of any other such law, notwithstanding the provisions of such\nother law.\n 5. Consistent with the provisions of section eight of this chapter,\nthe chief judge may relocate a term of court if an emergency or other\nexigent circumstance or the imminent threat thereof prevents the safe\nand practicable holding of such term at the location designated by law\ntherefor.\n