§ 212 — Functions of the chief administrator of the courts

New York § 212

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

Text

§ 212. Functions of the chief administrator of the courts. 1. The\nchief administrator of the courts, on behalf of the chief judge, shall\nsupervise the administration and operation of the unified court system.\nIn the exercise of such responsibility, the chief administrator shall\nhave such powers and duties as may be delegated to him by the chief\njudge and, in addition, the following functions, powers and duties which\nshall be exercised as the chief judge may provide and in accordance with\nsuch standards and administrative policies as may be promulgated\npursuant to section twenty-eight of article six of the constitution:\n (a) Prepare the itemized estimates of the annual financial needs of\nthe unified court system, in accordance with section one of article\nseven of the constitution. Such itemized estimates, approved by the\ncourt of appeals and certified by the chief judge, shall be transmitted\nto the governor not later than the first day of December in each year\nfor inclusion in the budget without revision. The chief administrator\nshall forthwith transmit copies of such itemized estimates to the\nchairmen of the senate finance and judiciary committees and the assembly\nways and means and judiciary committees.\n (b) Establish an administrative office for the courts and appoint and\nremove such deputies, assistants, counsel and employees as he may deem\nnecessary and fix their salaries within the appropriation made available\ntherefor.\n (c) Establish the hours, terms and parts of court, assign judges and\njustices to them, and make necessary rules therefor.\n (d) Designate deputy chief administrators and administrative judges\nfor any or all of the courts of the unified court system, except the\nappellate divisions and the court of appeals.\n (e) Act as "chief executive officer" and exercise the functions,\npowers and duties of a "public employer" under the provisions of article\nfourteen of the civil service law.\n (f) Make recommendations to the legislature and the governor for laws\nand programs to improve the administration of justice and the operation\nof the unified court system; and, with respect to any bill proposing law\nwhich is likely to have a substantial and direct effect upon the unified\ncourt system, prepare a judicial impact statement upon written request\nof the chairman of the standing committee of the senate or assembly to\nwhich the bill has been referred or upon his own initiative. The\nstatement shall be submitted as soon as practicable to the chairman of\nthe appropriate committee and contain, to the extent feasible and\nrelevant, the chief administrator's projections of the impact of the\nproposed law on the functioning of the courts and related agencies of\nthe unified court system, including: (i) administration; (ii) caseload;\n(iii) personnel; (iv) procedure; (v) revenues; (vi) expenses; (vii)\nphysical facilities; and (viii) such additional considerations as may be\nrequested by the committee chairman, or included by the chief\nadministrator.\n (g) Receive and consider proposed amendments to the civil practice law\nand rules and the criminal procedure law, and conduct studies and\nrecommend changes therein.\n (h) Hold hearings and conduct investigations. The chief administrator\nmay issue a subpoena requiring a person to attend before him and be\nexamined under oath with reference to any aspect of the unified court\nsystem, and require the production of books or papers with reference\nthereto.\n (i) Adopt, amend and rescind all rules and orders necessary to execute\nthe functions of his office.\n (j) Collect, compile and publish statistics and other data with\nrespect to the unified court system and submit annually, on or before\nthe fifteenth day of March, to the legislature and the governor a report\nof his activities and the state of the unified court system during the\npreceding year.\n (k) Require all personnel of the unified court system, county clerks\nand law enforcement officers to furnish any information and statistical\ndata as will enable him to execute the functions of his office.\n (l) Request and receive from any court or agency of the state or any\npolitical subdivision thereof such assistance, information and data as\nwill enable him to execute the functions of his office.\n (m) Undertake research, studies and analyses of the administration and\noperation of the unified court system including, but not limited to, the\norganization, budget, jurisdiction, procedure, and administrative,\nclerical, fiscal and personnel practices thereof.\n (n) Accept as agent of the state any grant or gift for the purpose of\nexecuting the functions of his or her office; provided, however, where a\ngrant or gift is of money, the chief administrator shall dispose of same\nas provided in section eleven of the state finance law.\n (o) Contract for goods and services on behalf of the unified court\nsystem.\n (p) Promote cooperation and coordination between the unified court\nsystem and other agencies of the state or its political subdivisions.\n (q) Create advisory committees to assist him in the execution of the\nfunctions of his office.\n (r) Establish educational programs, seminars and institutes for the\njudicial and nonjudicial personnel of the unified court system.\n (s) Delegate to any deputy, assistant, court or administrative judge,\nadministrative functions, powers and duties possessed by him.\n (t) Do all other things necessary and convenient to carry out his\nfunctions, powers and duties.\n (u) Review and approve plans, specifications, designs and cost\nestimates for the design, acquisition, construction, reconstruction,\nrehabilitation, improvement, furnishing or equipping of court facilities\npursuant to a capital plan approved in accordance with section sixteen\nhundred eighty-c of the public authorities law; provided, however, that\nin the event that such plans, specifications, designs or cost estimates\neffect a substantial change in an approved capital plan, such plans,\nspecifications, designs or cost estimates must be approved by the court\nfacilities capital review board in accordance with section sixteen\nhundred eighty-c of the public authorities law.\n (v) Insure that appropriate public notice is given of the provisions\nof section 215.22 of the penal law.\n (w) Adopt, after consultation with the office of indigent legal\nservices, the appropriate local magistrates association, institutional\nproviders of criminal defense services and other members of the criminal\ndefense bar, local government officials, including the district\nattorney, and with the approval of the administrative board of the\ncourts, a plan for the establishment, in accordance with paragraph (c)\nof this subdivision, of off-hours arraignment parts in select local\ncriminal courts of a county to be held in such courts on a rotating\nbasis for the conduct of arraignments and other preliminary proceedings\nincidental thereto, and for arrest warrant returns in criminal cases,\nwhere the use of such parts will facilitate the availability of public\ndefenders or assigned counsel for defendants in need of legal\nrepresentation at such proceedings. To the extent practicable, and\nnotwithstanding that any such plan shall designate off-hours arraignment\nparts in fewer than all of the local criminal courts of a county, each\nplan authorized by this paragraph shall provide for the periodic\nassignment of all of the judges and justices of all of the local\ncriminal courts in the affected county to the off-hours arraignment\nparts designated therein. The chief administrator shall give appropriate\npublic notice of each off-hours arraignment part established hereunder\nand each judicial assignment made thereto.\n (x) Not permit the unified court system to sell any data regarding\njudicial proceedings related to residential tenancy, rent or eviction to\nany third party. Such prohibition includes data collected, stored or\nutilized by any third-party vendors who have contracts with the unified\ncourt system.\n (y) Collect, compile, and publish statistics and other demographic\ndata provided in accordance with subparagraph (i) of this paragraph and\nsubmit annually, on or before the fifteenth day of March, to the\nlegislature and the governor a report of his or her findings.\n (i) The chief administrator shall annually request that each judge and\njustice of the state-paid courts of the unified court system disclose to\nthe office of court administration information as to his or her\nrace/ethnicity, sex, sexual orientation, gender identity, veteran\nstatus, and disability status. Compliance with this request by a judge\nor justice shall be entirely voluntary; and any information disclosed to\nthe office of court administration may only be released publicly in the\nform of aggregated statistical data that does not identify a justice or\njudge.\n (ii) The report required by this paragraph shall include separate\ncharts showing the race/ethnicity, sex, sexual orientation, gender\nidentity, disability status and veteran status of:\n (A) all responding judges and justices of the unified court system,\nincluding sub-charts for all elected judges and justices and all\nappointed judges and justices by appointing authority;\n (B) all responding judges of the court of appeals;\n (C) all responding justices of the appellate division, including\nsub-charts for appellate division justices in each appellate department;\n (D) all responding justices of the supreme court, including sub-charts\nfor supreme court justices elected in each judicial district;\n (E) all responding judges of the court of claims;\n (F) all responding justices of the surrogate's court;\n (G) all responding judges of the county courts;\n (H) all responding judges of the district courts, including sub-charts\nfor each district court;\n (I) all responding judges of the family court, including sub-charts\nfor family court judges appointed in New York city and family court\njudges elected outside New York city;\n (J) all responding judges of the New York city civil court;\n (K) all responding judges of the New York city criminal court;\n (L) all responding judges of the city courts, including sub-charts for\ncity court judges who are appointed and city court judges who are\nelected; and\n (M) all responding judges of the New York city housing court.\n (iv) The report required by this paragraph shall use the following\nethnic and racial categories: American Indian or Alaska Native, Asian,\nBlack or African-American, Hispanic or Latino, Native Hawaiian or other\nPacific Islander, White, some other race, and more than one race, as\nthose categories are defined by the United States Census Bureau for\nreporting purposes.\n (v) The demographic data reported, disclosed, or released pursuant to\nthis subdivision shall also indicate the percentage of respondents who\ndeclined to respond.\n 2. The chief administrator shall also:\n (a) Designate the justices of the appellate terms of the supreme court\nand the places where such appellate terms shall be held, in accordance\nwith the provisions of section eight of article six of the constitution.\n (b) Promulgate rules of conduct for judges and justices of the unified\ncourt system with the approval of the court of appeals, in accordance\nwith the provisions of section twenty of article six of the\nconstitution.\n (c) Temporarily assign judges and justices of the unified court\nsystem, in accordance with the provisions of section twenty-six of\narticle six of the constitution.\n (d) Adopt rules and orders regulating practice in the courts as\nauthorized by statute with the advice and consent of the administrative\nboard of the courts, in accordance with the provisions of section thirty\nof article six of the constitution.\n (e) Prepare forms and compile data on family offenses, proceedings or\nactions in all courts, including but not limited to the following\ninformation:\n (i) the offense alleged;\n (ii) the relationship of the alleged offender to the petitioner or\ncomplainant;\n (iii) the court where the action or proceeding was instituted;\n (iv) the disposition; and\n (v) in the case of dismissal, the reasons therefor.\n In executing this requirement, the chief administrator may adopt rules\nrequiring appropriate law enforcement or criminal justice agencies to\nidentify actions and proceedings involving family offenses and, with\nrespect to such actions and proceedings, to report, in such form and\nmanner as the chief administrator shall prescribe, the information\nspecified herein.\n The chief administrator of the courts shall adopt rules to facilitate\nrecord sharing and other communication among the supreme, criminal and\nfamily courts, subject to applicable provisions of the domestic\nrelations law, criminal procedure law and the family court act\npertaining to the confidentiality, expungement and sealing of records,\nwhere such courts exercise concurrent jurisdiction over family offense\nproceedings or proceedings involving orders of protection.\n (f) Have the power to prescribe forms pursuant to section 10.40 of the\ncriminal procedure law.\n (g) Designate by rule one supreme court library within each judicial\ndistrict to serve as the repository of materials transmitted by state\nagencies pursuant to paragraph c of subdivision four of section one\nhundred two of the executive law.\n (h) (i) Formulate, establish and maintain a plan or plans to encourage\nand reward unusual and meritorious suggestions and accomplishments by\nstate employees and suggestions of retired state employees promoting\nefficiency and economy in the performance of any function of the unified\ncourt system.\n (ii) Make and render merit awards to or for the benefit of state\nemployees and retired state employees nominated to receive them in\naccordance with such plan or plans. The chief administrator may\ndetermine the nature and extent of such merit awards, which may include\nbut shall not be limited to certificates, medals or other appropriate\ninsignia, or cash awards in such amounts as may be fixed by the chief\nadministrator.\n (iii) Adopt and promulgate rules and regulations governing the\noperation of any plan or plans established hereunder, the eligibility\nand qualifications of state employees and retired state employees\nparticipating therein, the character and quality of suggestions and\naccomplishments submitted for consideration, the method of their\nsubmission and the procedure for their review, nominations for merit\nawards, and the kind, character and value of such awards, and such other\nrules and regulations as may be deemed necessary or appropriate for the\nproper administration of any plan or plans established hereunder.\n (i) Review the practices and procedures of the unified court system\nregarding fair treatment standards for crime victims and implement\nrecommendations for change, in accordance with the provisions of article\ntwenty-three of the executive law.\n (j) Notwithstanding any provision of law, rule or regulation to the\ncontrary, establish a system for the posting of bail and the payment of\nfines, mandatory surcharges, court fees, and other monies payable to a\ncourt, county clerk in his or her capacity as clerk of court, or the\noffice of court administration, or to a sheriff upon enforcing a court\norder or delivering a court mandate pursuant to article eighty of the\ncivil practice law and rules, by means of a credit card or similar\ndevice. Notwithstanding any provision of law to the contrary, the chief\nadministrator may require a party making a payment in such manner also\nto pay a reasonable administrative fee. In establishing such system, the\nchief administrator shall seek the assistance of the state comptroller\nwho shall assist in developing such system so as to ensure that such\nfunds shall be returned to any jurisdiction which, by law, may be\nentitled to them. The chief administrator shall periodically accord the\nhead of each police department or police force and of any state\ndepartment, agency, board, commission or public authority having police\nofficers who fix pre-arraignment bail pursuant to section 150.30 of the\ncriminal procedure law an opportunity to have the system established\npursuant to this paragraph apply to the posting of pre-arraignment bail\nwith police officers under his or her jurisdiction.\n (k) Upon application, certify former judges or justices of the unified\ncourt system and former housing judges of the civil court of the city of\nNew York who served for at least two years in such position to solemnize\nmarriages.\n (l) Establish a panel which shall issue advisory opinions to judges\nand justices of the unified court system upon the request of any one\njudge or justice, concerning one or more issues related to ethical\nconduct or proper execution of judicial duties or possible conflicts\nbetween private interests and official duties.\n (i) The panel shall have no executive, administrative or appointive\nduties except as provided otherwise in this paragraph or in rules and\nregulations adopted to implement this paragraph. The panel shall consist\nof such number of members who possess such qualifications and serve for\nsuch terms as the rules and regulations shall provide. Each member shall\nserve without compensation but shall be reimbursed for expenses actually\nand necessarily incurred in the performance of his or her official\nduties for the panel. Notwithstanding any inconsistent provisions of\nthis or any other law, general, special or local, no officer or employee\nof the state or any public corporation, as defined in article two-A of\nthe general construction law, shall be deemed to have forfeited or shall\nforfeit his office or employment or any benefits provided under the\nretirement and social security law or under any public retirement system\nmaintained by the state or any of its subdivisions by reason of his or\nher being a member of the panel.\n (ii) The panel shall issue a written advisory opinion to the judge or\njustice making the request based upon the particular facts and\ncircumstances of the case, which shall be detailed in the request and in\nany additional material supplied by the judge or justice at the instance\nof the panel. If the individual facts and circumstances provided are\ninsufficient in detail to enable the panel to render an advisory\nopinion, the panel shall request supplementary information from the\njudge or justice to enable it to render such opinion. If such\nsupplementary information is still insufficient or is not provided, the\npanel shall so state and shall not render an advisory opinion based upon\nwhat it considers to be insufficient detail.\n (iii) Notwithstanding any other provisions of law, requests for\nadvisory opinions, advisory opinions issued by the panel to an\nindividual judge or justice of the unified court system, and the facts\nand circumstances upon which they are based, shall be and remain\nconfidential between the panel and the individual judge or justice\nmaking the request; provided, however, that the panel shall publish its\nadvisory opinion and the facts and circumstances upon which it is based\nwith appropriate deletions of names of persons, places and things which\nmight tend to identify either the judge or justice making the request or\nany other judge or justice of the unified court system; and\ndeliberations of the panel shall be and remain totally confidential.\n (iv) Actions of any judge or justice of the uniform court system taken\nin accordance with findings or recommendations contained in an advisory\nopinion issued by the panel shall be presumed proper for the purposes of\nany subsequent investigation by the state commission on judicial\nconduct.\n (m) Expend funds made available in a political subdivision pursuant to\nsection five hundred twenty-one of this chapter for the purposes of\nimproving, furnishing or equipping jury assembly rooms, jury\ndeliberation rooms, offices for commissioners of jurors, and such other\ncourt facilities in such political subdivision as are required to\neffectuate the policies of the state declared in section five hundred of\nthis chapter; except that, in any state fiscal year, no expenditure may\nbe made hereunder for any purpose where funds have been made available\nby appropriation in such fiscal year to pay the cost thereof. Nor shall\nthis paragraph, and any expenditures made hereunder, relieve any\npolitical subdivision of its obligation under section thirty-nine of\nthis chapter to provide goods, services and facilities suitable and\nsufficient for the transaction of business by courts and court-related\nagencies.\n * (n) Have the power to authorize a court under subdivision (b) of\nsection forty-three hundred seventeen of the civil practice law and\nrules to order a reference to determine an application for an order of\nprotection (including a temporary order of protection) that, in\naccordance with law, is made ex parte or where all parties besides the\napplicant default in appearance; provided, however, this paragraph shall\nonly apply to applications brought in family court during the hours that\nthe court is in session, and after five o'clock p.m. Training about\ndomestic violence shall be required for all persons who are designated\nto serve as references as provided in this paragraph.\n * NB Repealed September 1, 2027\n (o) Notwithstanding the provisions of paragraph (n) of this\nsubdivision, have the power to authorize family courts in the seventh\nand eighth judicial districts to establish a judicial hearing officer\npilot program (hereinafter referred to as "pilot program") and, under\nsubdivision (b) of section forty-three hundred seventeen of the civil\npractice law and rules, order a reference to determine an application\nfor an order of protection or temporary order of protection, that, in\naccordance with law, is made ex parte or where all parties beside the\napplicant default in appearance; provided, however, that the chief\nadministrator shall not exercise this power without prior consultation\nwith the presiding justice of the fourth judicial department. Training\nabout domestic violence shall be required for all judicial hearing\nofficers in the pilot program.\n On or before the first day of April in each year, the chief\nadministrator of the courts shall submit a report concerning the\njudicial hearing officer pilot program to the governor, the temporary\npresident of the senate, the speaker of the assembly, and the chief\njudge of the state. Such report shall include the number of applications\nfor an order of protection determined by judicial hearing officers in\nthe pilot program, the disposition of such applications, and such other\ndata, information, and analysis as are necessary to evaluate the\nefficacy of the pilot program in the administration of justice in\nresponse to domestic violence.\n (p) Adopt rules authorizing payment of compensation and travel\nexpenses for judges and justices temporarily assigned to town and\nvillage courts pursuant to subdivision two of section one hundred six of\nthe uniform justice court act.\n (q) Adopt rules to require transmission, to the criminal justice\ninformation services division of the federal bureau of investigation or\nto the division of criminal justice services, of the name and other\nidentifying information of each person who has a guardian appointed for\nhim or her pursuant to any provision of state law, based on a\ndetermination that as a result of marked subnormal intelligence, mental\nillness, incapacity, condition or disease, he or she lacks the mental\ncapacity to contract or manage his or her own affairs. Any such records\ntransmitted directly to the federal bureau of investigation must also be\ntransmitted to the division of criminal justice services, and any\nrecords received by the division of criminal justice services pursuant\nto this paragraph may be checked against the statewide license and\nrecord database.\n (r) Ensure that cases eligible for judicial diversion pursuant to\narticle two hundred sixteen of the criminal procedure law shall be\nassigned to court parts in the manner provided by the chief\nadministrator and that, to the extent practicable, such cases are\npresided over by judges who, by virtue of the structure, caseload and\nresources of the parts and the judges' training, are in the best\nposition to provide effective supervision over such cases, such as the\ndrug treatment courts. In compliance with these provisions, the chief\nadministrator shall give due weight to the need for diverted defendants\nto make regular court appearances, and be closely supervised by the\ncourt, for the duration of drug treatment and the pendency of the\ncriminal charge.\n (s) Establish rules for special proceedings authorized by subsection\n(d) of section 9--518 of the uniform commercial code. Such rules may\nauthorize the court in which such a special proceeding is pending to\norder a referee to hear and determine such special proceeding.\n (t) Make available translation services to all family and supreme\ncourts to assist in the translation of orders of protection and\ntemporary orders of protection, as provided in this paragraph, where the\nperson protected by and/or the person subject to the order of protection\nhas limited English proficiency or has a limited ability to read\nEnglish:\n (i) Translation services shall be made available to all family and\nsupreme courts in the ten languages most frequently used in the courts\nof each judicial department in accordance with the schedule in\nsubparagraph (ii) of this paragraph, and any additional languages that\nthe chief administrator of the courts deems appropriate;\n (ii) (A) In three languages from among the ten most frequently used in\nthe courts of each judicial department, by January first, two thousand\neighteen;\n (B) In three additional languages from among the ten most frequently\nused in the courts of each judicial department, by June thirtieth, two\nthousand nineteen; and\n (C) In four additional languages from among the ten most frequently\nused in the courts of each judicial department, by December\nthirty-first, two thousand twenty; and\n (iii) Upon issuance of an order of protection or temporary order of\nprotection, the court shall inquire of any person who is protected by it\nor subject to it, who has made an appearance, whether translation\nservices are needed. The court shall advise the party or parties of the\navailability of such translation services;\n (iv) The authority provided by this paragraph shall be in addition to,\nand shall not be deemed to diminish or reduce any rights of the parties\nunder existing law.\n (t-1) Issue reports concerning the availability of translation\nservices where orders of protection and temporary orders of protection\nare issued; special pilot programs. (i) The chief administrator of the\ncourts shall submit to the legislature, the governor, and the chief\njudge of the state the following reports:\n (A) Not later than April first, two thousand nineteen, a report on the\navailability and use of translation services in the courts for orders of\nprotection and temporary orders of protection, including but not limited\nto the languages for which written and oral translation is provided; the\nnumber of parties that received translated documents, broken down by\nlanguage and judicial department; the number of parties receiving\ninterpretation, broken down by language and judicial department; the\nnumber of people who requested a translated document and did not receive\nit; and the number of cases in which a court interpreter was used to\ncommunicate with either party and an order of protection or temporary\norder of protection was issued but in which a translated document was\nnot provided to either party. Such report shall contain recommendations\nfor further legislation relating to the availability of such translation\nservices as the chief administrator of the courts shall deem\nappropriate; and\n (B) Not later than April first, two thousand eighteen, a report\nevaluating the technical and operational issues involved in subjecting\nthe following orders of protection and temporary orders of protection to\nthe same requirements, relative to translation and interpretation of\nsuch orders, as are applicable to orders of protection and temporary\norders of protection issued under section one hundred sixty-nine of the\nfamily court act: (I) orders of protection and temporary orders of\nprotection issued under section 530.12 or 530.13 of the criminal\nprocedure law; and (II) orders of protection and temporary orders of\nprotection issued by a town or village justice court.\n (ii) The office of court administration shall establish and oversee\ntwo pilot programs, as follows:\n (A) In one town or village court within each judicial district, to\ndevelop best practices for the use of written translation and\ninterpretation services for orders of protection and temporary orders of\nprotection in the justice courts. Following consultation with the state\nmagistrates association, the conference of mayors, the association of\ntowns, the unified court system's advisory committee on language access,\nand such other parties as may be interested, the chief administrator\nshall include an analysis and evaluation of this pilot program, together\nwith a plan for its expansion throughout the justice court system, in\nthe report required pursuant to clause (B) of subparagraph (i) of this\nparagraph.\n (B) In one county in the city of New York and two counties outside\nsuch city, to develop best practices for the use of written translation\nand interpretation services for orders of protection and temporary\norders of protection issued in the state-paid criminal courts of such\ncounties. Following consultation with the state district attorneys\nassociation, representatives of the criminal defense bar,\nrepresentatives of domestic violence prevention legal services\nproviders, the unified court system's advisory committee on language\naccess, and such other parties as may be interested, the chief\nadministrator shall include an analysis and evaluation of this pilot\nprogram, together with a plan for its expansion throughout the state, in\nthe report required pursuant to clause (B) of subparagraph (i) of this\nparagraph.\n (u) (i) (A) Not later than February first in each calendar year, the\nchief administrator of the courts shall submit to the legislature, the\ngovernor and the chief judge of the state a report evaluating the\nstate's experience with programs in the use of electronic means for the\ncommencement of actions and proceedings and the service of papers\ntherein as authorized by law and containing such recommendations for\nfurther legislation as he or she shall deem appropriate. In the\npreparation of such report, the chief administrator shall consult with\neach county clerk in whose county a program has been implemented in the\nsupreme and/or county court, each district attorney in whose county a\nprogram has been implemented in criminal cases in the courts of such\ncounty, the advisory committees established pursuant to subparagraphs\n(ii) through (vi) of this paragraph, the organized bar including but not\nlimited to city, state, county and women's bar associations; the office\nof indigent legal services; institutional legal service providers;\nnot-for-profit legal service providers; public defenders; attorneys\nassigned pursuant to article eighteen-B of the county law; unaffiliated\nattorneys who regularly appear in proceedings that are or have been\naffected by any programs that have been implemented or who may be\naffected by the proposed recommendations for further legislation;\nrepresentatives of victims' rights organizations; and any other persons\nin whose county a program has been implemented in any of the courts\ntherein as deemed to be appropriate by the chief administrator, and\nafford them an opportunity to submit comments with respect to such\nimplementation for inclusion in the report and address any such\ncomments.\n Public comments shall also be sought via a prominent posting on the\nwebsite of the office of court administration. All comments received\nfrom any source shall be posted for public review on the same website.\n (B) The report submitted hereunder in the two thousand seventeen\ncalendar year shall include:\n (I) the evaluation specified in subparagraph (vi) of this paragraph,\nincluding the entities or individuals consulted, input received, all\nissues encountered or otherwise brought to the attention of the chief\nadministrator or his or her agents, all solutions devised to address the\nissues, presentment of all outstanding issues, including but not limited\nto any issues relating to the use of electronic means for filing by\nunrepresented litigants, any recommendations of the advisory committee\nto the chief administrator, along with recommendations for legislation\nin relation to the use of electronic means for the origination of\njuvenile delinquency proceedings under article three of the family court\nact and abuse or neglect proceedings pursuant to article ten of the\nfamily court act in family court and the filing and service of papers in\nsuch pending proceedings.\n (II) the evaluation specified in subparagraph (v) of this paragraph,\nincluding the entities or individuals consulted, the input received, all\nissues encountered or otherwise brought to the attention of the chief\nadministrator or his or her agents, all solutions devised to address the\nissues, presentment of all outstanding issues, including but not limited\nto any issues relating to the use of electronic means for filing by\nunrepresented litigants, recommendations of the advisory committee to\nthe chief administrator, along with recommendations for legislation in\nrelation to the use of electronic means for the commencement of criminal\nactions and the filing and service of papers in pending criminal actions\nand proceedings.\n (III) the evaluation specified in subparagraph (ii) of this paragraph,\nincluding the entities or individuals consulted, input received, all\nissues encountered or otherwise brought to the attention of the chief\nadministrator or his or her agents, all solutions devised to address the\nissues, presentment of all outstanding issues, including but not limited\nto any issues relating to the use of electronic means for filing by\nunrepresented litigants, any recommendations of the advisory committee\nto the chief administrator, along with recommendations for legislation\nin relation to the use of electronic means for the commencement of\nactions and proceedings and the service and filing of papers therein in\nthe supreme court.\n (IV) the evaluation specified in subparagraph (iii) of this paragraph,\nincluding the entities or individuals consulted, input received, all\nissues encountered or otherwise brought to the attention of the chief\nadministrator or his or her agents, all solutions devised to address the\nissues, presentment of all outstanding issues, including but not limited\nto any issues relating to the use of electronic means for filing by\nunrepresented litigants, any recommendations of the advisory committee\nto the chief administrator, along with recommendations for legislation\nin relation to the use of electronic means for the commencement of\nactions and proceedings and the service and filing of papers therein in\nthe surrogate's court.\n (V) the evaluation specified in subparagraph (iv) of this paragraph,\nincluding the entities or individuals consulted, input received, all\nissues encountered or otherwise brought to the attention of the chief\nadministrator or his or her agents, all solutions devised to address the\nissues, presentment of all outstanding issues, including but not limited\nto any issues relating to the use of electronic means for filing by\nunrepresented litigants, any recommendations of the advisory committee\nto the chief administrator, along with recommendations for legislation\nin relation to the use of electronic means for the commencement of\nactions and proceedings and the service and filing of papers therein in\nthe civil court of the city of New York.\n In the report, the chief administrator also shall address issues that\nbear upon the need for the courts, district attorneys and others to\nretain papers filed with courts or served upon parties in criminal\nproceedings where electronic means can or have been used and make\nrecommendations for such changes in laws requiring retention of such\npapers as the chief administrator may deem appropriate.\n (ii) The chief administrator shall maintain an advisory committee to\nconsult with him or her in the implementation of laws affecting the\nprogram in the use of electronic means for the commencement of civil\nactions and proceedings and the service and filing of papers therein in\nthe supreme court. This committee shall consist of such number of\nmembers as the chief administrator shall designate, among which there\nshall be representatives of the organized bar including but not limited\nto city, state, county and women's bar associations; institutional legal\nservice providers; not-for-profit legal service providers; attorneys\nassigned pursuant to article eighteen-B of the county law; unaffiliated\nattorneys who regularly appear in proceedings that are or have been\naffected by the programs that have been implemented or who may be\naffected by any recommendations for further legislation concerning the\nuse of electronic means for the commencement of actions and proceedings\nand the service and filing of papers therein in the supreme court; and\nany other persons in whose county a program has been implemented in any\nof the courts therein as deemed to be appropriate by the chief\nadministrator. No fewer than half of the members of this advisory\ncommittee shall be upon the recommendation of the New York state\nassociation of county clerks. Such committee shall help the chief\nadministrator to evaluate the impact of such electronic filing program\non litigants including unrepresented parties, practitioners and the\ncourts and to obtain input from those who are or would be affected by\nsuch electronic filing program, including unrepresented parties, city,\nstate, county and women's bar associations; institutional legal service\nproviders; not-for-profit legal service providers; attorneys assigned\npursuant to article eighteen-B of the county law; unaffiliated attorneys\nwho regularly appear in proceedings that are or have been affected by\nthe programs that have been implemented or who may be affected by any\nrecommendations for further legislation concerning the use of the\nelectronic filing program in the supreme court; and any other persons in\nwhose county a program has been implemented in any of the courts therein\nas deemed to be appropriate by the chief administrator.\n (iii) The chief administrator shall maintain an advisory committee to\nconsult with him or her in the implementation of laws affecting the\nprogram in the use of electronic means for the commencement of actions\nand proceedings and the service and filing of papers therein in the\nsurrogate's court. This committee shall consist of such number of\nmembers as the chief administrator shall designate among which there\nshall be chief clerks of surrogate's courts; representatives of the\norganized bar including but not limited to city, state, county and\nwomen's bar associations; institutional providers of legal services;\nnot-for-profit legal service providers; attorneys assigned pursuant to\narticle eighteen-B of the county law; unaffiliated attorneys who\nregularly appear in proceedings that are or have been affected by the\nprograms that have been implemented or who may be affected by any\nrecommendations for further legislation concerning the use of electronic\nmeans for the commencement of actions and proceedings and the service\nand filing of papers therein in the surrogate's court; and any other\npersons in whose county a program has been implemented in any of the\ncourts therein as deemed to be appropriate by the chief administrator.\nSuch committee shall help the chief administrator to evaluate the impact\nof such electronic filing program on litigants including unrepresented\nparties, practitioners and the courts and to obtain input from those who\nare or would be affected by such electronic filing program, including\nunrepresented parties, city, state, county and women's bar associations;\ninstitutional legal service providers; not-for-profit legal service\nproviders; attorneys assigned pursuant to article eighteen-B of the\ncounty law; unaffiliated attorneys who regularly appear in proceedings\nthat are or have been affected by the programs that have been\nimplemented or who may be affected by any recommendations for further\nlegislation concerning the use of the electronic filing program in the\nsurrogate's court; and any other persons in whose county a program has\nbeen implemented in any of the courts therein as deemed to be\nappropriate by the chief administrator.\n (iv) The chief administrator shall maintain an advisory committee to\nconsult with him or her in the implementation of laws affecting the\nprogram in the use of electronic means for the commencement of civil\nactions and proceedings and the service and filing of papers therein in\nthe civil court of the city of New York, the district courts, the city\ncourts outside New York city, and the town and village justice courts.\nThis committee shall consist of such number of members as the chief\nadministrator shall designate, among which there shall be the chief\nclerk of the civil court of the city of New York; one or more chief\nclerks of the district courts, the city courts outside New York city,\nand the town and village justice courts; the president of the state\nmagistrates' association or his or her designee; representatives of the\norganized bar including but not limited to city, state, county and\nwomen's bar associations; and unaffiliated attorneys who regularly\nappear in proceedings that are or have been affected by the programs\nthat have been implemented or who may be affected by any recommendations\nfor further legislation concerning the use of electronic means for the\ncommencement of actions and proceedings and the service and filing of\npapers therein in any of the courts specified in this subparagraph; and\nany other persons as deemed appropriate by the chief administrator. Such\ncommittee shall help the chief administrator to evaluate the impact of\nsuch electronic filing program on litigants including unrepresented\nparties, practitioners and the courts and to obtain input from those who\nare or would be affected by such electronic filing program, including\nunrepresented parties, city, state, county and women's bar associations;\ninstitutional legal service providers; not-for-profit legal service\nproviders; attorneys assigned pursuant to article eighteen-B of the\ncounty law; unaffiliated attorneys who regularly appear in proceedings\nthat are or have been affected by the programs that have been\nimplemented or who may be affected by any recommendations for further\nlegislation concerning the use of the electronic filing program in any\nof the courts specified in this subparagraph; and any other persons in\nwhose county a program has been implemented in any of the courts therein\nas deemed to be appropriate by the chief administrator.\n (v) The chief administrator shall maintain an advisory committee to\nconsult with him or her in the implementation of laws affecting the\nprogram in the use of electronic means for the commencement of criminal\nactions and the filing and service of papers in pending criminal actions\nand proceedings. The committee shall consist of such number of members\nas will enable the chief administrator to obtain input from those who\nare or would be affected by such electronic filing program, and such\nmembers shall include county clerks; chief clerks of supreme, county and\nother courts; district attorneys; representatives of the office of\nindigent legal services; not-for-profit legal service providers; public\ndefenders; statewide and local specialty bar associations whose\nmembership devotes a significant portion of their practice to assigned\ncriminal cases pursuant to subparagraph (i) of paragraph (a) of\nsubdivision three of section seven hundred twenty-two of the county law;\ninstitutional providers of criminal defense services and other members\nof the criminal defense bar; representatives of victims' rights\norganizations; unaffiliated attorneys who regularly appear in\nproceedings that are or would be affected by such electronic filing\nprogram and other interested members of the criminal justice community.\nSuch committee shall help the chief administrator to evaluate the impact\nof such electronic filing program on litigants including unrepresented\nparties, practitioners and the courts and to obtain input from those who\nare or would be affected by such electronic filing program, including\nunrepresented parties, district attorneys, not-for-profit legal service\nproviders, public defenders, statewide and local specialty bar\nassociations whose membership devotes a significant portion of their\npractice to assigned criminal cases pursuant to subparagraph (i) of\nparagraph (a) of subdivision three of section seven hundred twenty-two\nof the county law; institutional providers of criminal defense services\nand other members of the criminal defense bar, representatives of\nvictims' rights organizations, unaffiliated attorneys who regularly\nappear in proceedings that are or would be affected by such electronic\nfiling program and other interested members of the criminal justice\ncommunity.\n (vi) The chief administrator shall maintain an advisory committee to\nconsult with him or her in the implementation of laws affecting the\nprogram in the use of electronic means for the origination of\nproceedings in family court and the filing and service of papers in such\npending proceedings. The committee shall consist of such number of\nmembers as will enable the chief administrator to obtain input from\nthose who are or would be affected by such electronic filing program,\nand such members shall include chief clerks of family courts;\nrepresentatives of authorized presentment and child protective agencies;\nother appropriate county and city government officials; institutional\nproviders of legal services for children and/or parents; not-for-profit\nlegal service providers; public defenders; representatives of the office\nof indigent legal services; attorneys assigned pursuant to article\neighteen-B of the county law; and other members of the family court bar;\nrepresentatives of victims' rights organizations; unaffiliated attorneys\nwho regularly appear in proceedings that are or would be affected by\nsuch electronic filing program; and other interested members of the\nfamily practice community. Such committee shall help the chief\nadministrator to evaluate the impact of such electronic filing program\non litigants including unrepresented parties, practitioners and the\ncourts and to obtain input from those who are or would be affected by\nsuch electronic filing program, including unrepresented parties,\nrepresentatives of authorized presentment and child protective agencies,\nother appropriate county and city government officials, institutional\nproviders of legal services for children and/or parents, not-for-profit\nlegal service providers, public defenders, attorneys assigned pursuant\nto article eighteen-B of the county law and other members of the family\ncourt bar, representatives of victims' rights organizations,\nunaffiliated attorneys who regularly appear in proceedings that are or\nwould be affected by such electronic filing program, and other\ninterested members of the criminal justice community.\n (u-1) Compile and publish data on misdemeanor offenses in all courts,\ndisaggregated by county, including the following information:\n (i) the aggregate number of misdemeanors charged, by indictment or the\nfiling of a misdemeanor complaint or information;\n (ii) the offense charged;\n (iii) the race, ethnicity, age, and sex of the individual charged;\n (iv) whether the individual was issued a summons or appearance ticket,\nwas subject to custodial arrest, and/or was held prior to arraignment as\na result of the alleged misdemeanor;\n (v) the precinct or location where the alleged misdemeanor occurred;\n (vi) the disposition, including, as the case may be, dismissal,\nacquittal, adjournment in contemplation of dismissal, plea, conviction,\nor other disposition;\n (vii) in the case of dismissal, the reasons therefor; and\n (viii) the sentence imposed, if any, including fines, fees, and\nsurcharges.\n (v) Have the power to establish pilot programs for the filing of\npetitions for temporary orders of protection by electronic means and for\nthe issuance of such orders by audio-visual means pursuant to\nsubdivision (b) of section one hundred fifty-three-c of the family court\nact. The chief administrator shall maintain an up-to-date and\npublicly-available listing of the sites, if any, at which such\napplications for ex parte temporary orders of protection may be filed,\nand at which electronic appearances in support of such applications may\nbe sought, in accordance with such section one hundred fifty-three-c of\nthe family court act. In developing such pilot program, the chief\nadministrator shall strive for a program that is regionally diverse, and\ntakes into consideration, among other things, the availability of public\ntransportation, population density and the availability of facilities\nfor conducting such program.\n (v-1) Compile and publish data on violations, to the greatest extent\npracticable, in all courts, disaggregated by county, including the\nfollowing information:\n (i) the aggregate number of violations charged by the filing of an\ninformation;\n (ii) the violation charged;\n (iii) the race, ethnicity, age, and sex of the individual charged;\n (iv) whether the individual was issued a summons or appearance ticket,\nwas subject to custodial arrest, and/or was held prior to arraignment as\na result of the alleged violation;\n (v) the precinct or location where the alleged violation occurred;\n (vi) the disposition, including, as the case may be, dismissal,\nacquittal, conviction, or other disposition;\n (vii) in the case of dismissal, the reasons therefor; and\n (viii) the sentence imposed, if any, including fines, fees, and\nsurcharges.\n * (w) To the extent practicable, establish such number of human\ntrafficking courts as may be necessary to fulfill the purposes of\nsubdivision five of section 170.15 and subdivision four of section\n180.20 of the criminal procedure law.\n * NB There are 2 par (w)'s\n * (w) Adopt rules and regulations standardizing use of court-appointed\nspecial advocate (CASA) programs in this state and governing the\nstructure, administration and operation of such programs.\n * NB There are 2 par (w)'s\n (w-1) The chief administrator shall include the information required\nby paragraphs (u-1) and (v-1) of this subdivision in the annual report\nsubmitted to the legislature and the governor pursuant to paragraph (j)\nof subdivision one of this section. The chief administrator shall also\nmake the information required by paragraphs (u-1) and (v-1) of this\nsubdivision available to the public by posting it on the website of the\noffice of court administration and shall update such information on a\nmonthly basis. The information shall be posted in alphanumeric form that\ncan be digitally transmitted or processed and not in portable document\nformat or scanned copies of original documents.\n (x) Take such actions and adopt such measures as may be necessary to\nensure that no written or electronic report of a criminal history record\nsearch conducted by the office of court administration, other than a\nsearch conducted solely for the internal recordkeeping or case\nmanagement purposes of the judiciary or for a bona fide research\npurpose, contains information relating to an undisposed case. For\npurposes of this paragraph, "undisposed case" shall mean a criminal\naction or proceeding, or an arrest incident, appearing in the criminal\nhistory records of the office of court administration for which no\nconviction, imposition of sentence, order of removal or other final\ndisposition, other than the issuance of an apparently unexecuted\nwarrant, has been recorded and with respect to which no entry has been\nmade in such records for a period of at least five years preceding the\nissuance of such report. Nothing contained in this paragraph shall be\ndeemed to permit or require the release, disclosure or other\ndissemination by the office of court administration of criminal history\nrecord information that has been sealed in accordance with law.\n (x-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall\nbe construed as granting authority to the chief administrator, a\ncriminal justice or law enforcement agency, a governmental entity, or\nany agent or representative of the foregoing, to use, disseminate, or\npublish any individual's name, date of birth, NYSID, social security\nnumber, docket number, or other unique identifier in violation of the\ncriminal procedure law, the general business law, or any other law.\n (y) Take such actions and adopt such measures as may be necessary to\nensure that no written or electronic report of a criminal history record\nsearch conducted by the office of court administration, other than a\nsearch conducted solely for the internal recordkeeping or case\nmanagement purposes of the judiciary or for a bona fide research\npurpose, contains information about any action or proceeding terminated\nprior to November first, nineteen ninety-one in favor of the accused, as\ndefined by section 160.50 of the criminal procedure law, or sealed in\nthe manner provided by section 160.55 of the criminal procedure law.\n (y-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall\nbe construed as granting authority to the chief administrator, a\ncriminal justice or law enforcement agency, a governmental entity, a\nparty, a judge, a prosecutor, or any agent or representative of the\nforegoing to introduce, use, disseminate, publish or consider any\nrecords in any judicial or administrative proceeding expunged or sealed\nunder applicable provisions of the criminal procedure law, the family\ncourt act, or any other law.\n (z) take such actions and adopt such measures as may be necessary to\nensure that a certificate of disposition or a written or electronic\nreport of a criminal history search conducted for the public by the\noffice of court administration contains only records of convictions, if\nany, and information about pending cases. This limitation shall not\napply to searches conducted for the internal recordkeeping or case\nmanagement purposes of the judiciary, or produced to the court, the\npeople, and defense counsel in a criminal proceeding, or for a bona fide\nresearch purpose, or, where appropriate, to the defendant or defendant's\ndesignated agent.\n (z-1) In executing the requirements of paragraphs (u-1) and (v-1) of\nthis section, the chief administrator may adopt rules consistent with\nthe requirements of paragraphs (x-1) and (y-1) of this subdivision to\nsecure the information specified herein from the office of the state\ncomptroller in such form and manner as the chief administrator shall\nprescribe. Further, to facilitate this provision, the chief\nadministrator shall adopt rules to facilitate record sharing, retention\nand other necessary communication among the criminal courts and law\nenforcement agencies, subject to applicable provisions of the criminal\nprocedure law, the family court act, and any other law pertaining to the\nconfidentiality, expungement and sealing of records.\n * (aa) (i) In order to maintain access to the court and open judicial\nproceedings for all persons in their individual capacity and to prevent\ninterference with the needs of judicial administration, consistent with\nsection twenty-eight of the civil rights law and section four-a of this\nchapter, shall promulgate rules to ensure the following:\n (A) any representative of a law enforcement agency who, while acting\nin an official capacity, enters a New York state courthouse intending to\nobserve an individual or take an individual into custody shall identify\nhimself or herself to uniformed court personnel and state his or her\nspecific law enforcement purpose and the proposed enforcement action to\nbe taken; any such representative who has a warrant or order concerning\nsuch intended arrest shall provide a copy of such warrant or order to\nsuch court personnel;\n (B) any such warrant or order concerning such intended enforcement\naction shall be promptly reviewed by a judge or court attorney;\n (C) information about any such proposed enforcement action shall be\ntransmitted to and reviewed by appropriate court system personnel,\nincluding the judge presiding over any case involving the subject of\nthat enforcement action;\n (D) except in extraordinary circumstances, no arrest may be made by a\nrepresentative of a law enforcement agency in a courtroom absent leave\nof the court;\n (E) no civil arrest shall be executed inside a New York state\ncourthouse except pursuant to a judicial warrant or judicial order\nauthorizing the arrest;\n (F) an unusual occurrence report shall be filed by court system\npersonnel for every enforcement action taken inside the courthouse,\nincluding the observation of court proceedings by a representative of a\nlaw enforcement agency acting in such person's official capacity; and\n (G) copies of all judicial warrants and judicial orders authorizing an\narrest and provided to court personnel pursuant to this paragraph and\nthe rules promulgated thereunder shall be maintained by the chief\nadministrator in a central record repository, appropriately indexed or\nfiled alphabetically by name.\n (ii) The chief administrator shall publish on the unified court system\nwebsite and provide to the governor, the speaker of the assembly and the\ntemporary president of the senate an annual report compiling statistics,\naggregated by county, setting forth the date each such judicial warrant\nor judicial order was signed, the judge and court which issued such\njudicial warrant or judicial order and the location of such court as\nshown by such document, the date such judicial warrant or judicial order\nwas presented to counsel for the unified court system, a description of\nthe type of judicial warrant or judicial order and, to the extent known\nto court personnel, whether or not an arrest occurred with respect to\nsuch warrant and the date and specific location of such arrest.\n * NB There are 2 par (aa)'s\n * (aa) Not later than January first, two thousand twenty-two, make\navailable Spanish translations of the additional notices in consumer\ncredit transaction actions and proceedings required by section 306-d and\nsubdivision (j) of rule 3212 of the civil practice law and rules, and\nmake available form affidavits required for a motion for default\njudgment in a consumer credit transaction action or proceeding required\nby subdivision (f) of section 3215 of the civil practice law and rules.\n * NB There are 2 par (aa)'s\n (bb) To the extent practicable, establish such number of veterans\ntreatment courts as may be necessary to fulfill the purposes of\nsubdivision five of section 170.15, subdivision four of section 180.20,\nsection 230.11 and section 230.21 of the criminal procedure law.\n (cc) Make available form affidavits required for a motion for default\njudgment in an action arising from medical debt as required by\nsubdivision (f) of section thirty-two hundred fifteen of the civil\npractice law and rules.\n (dd) Promulgate a standardized form and process for individuals to\nnotify the office of court administration of convictions subject to\nsealing under section 160.57 of the criminal procedure law, but for\nwhich the office has not sealed or taken the requisite action for\nrelated records.\n (ee) Promulgate a standardized form and process for individuals\nauthorized to request sealed records pursuant to subparagraph (xiii) of\nparagraph (d) of subdivision one of section 160.57 of the criminal\nprocedure law.\n