N.Y. Judiciary Law § 211: Administrative functions of the chief judge of the court of appeals

§ 211. 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.