N.Y. Judiciary Law § 212: Functions of the chief administrator of the courts

§ 212. Functions of the chief administrator of the courts. 1. The

chief administrator of the courts, 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 shall

have such powers and duties as may be delegated to him by the chief

judge and, in addition, the following functions, powers and duties which

shall be exercised as the chief judge may provide and in accordance with

such standards and administrative policies as may be promulgated

pursuant to section twenty-eight of article six of the constitution:

(a) Prepare the itemized estimates of the annual financial needs of

the unified court system, in accordance with section one of article

seven of the constitution. Such itemized estimates, approved by the

court of appeals and certified by the chief judge, shall be transmitted

to the governor not later than the first day of December in each year

for inclusion in the budget without revision. The chief administrator

shall forthwith transmit copies of such itemized estimates to the

chairmen of the senate finance and judiciary committees and the assembly

ways and means and judiciary committees.

(b) Establish an administrative office for the courts and appoint and

remove such deputies, assistants, counsel and employees as he may deem

necessary and fix their salaries within the appropriation made available

therefor.

(c) Establish the hours, terms and parts of court, assign judges and

justices to them, and make necessary rules therefor.

(d) Designate deputy chief administrators and administrative judges

for any or all of the courts of the unified court system, except the

appellate divisions and the court of appeals.

(e) Act as "chief executive officer" and exercise the functions,

powers and duties of a "public employer" under the provisions of article

fourteen of the civil service law.

(f) Make recommendations to the legislature and the governor for laws

and programs to improve the administration of justice and the operation

of the unified court system; and, with respect to any bill proposing law

which is likely to have a substantial and direct effect upon the unified

court system, prepare a judicial impact statement upon written request

of the chairman of the standing committee of the senate or assembly to

which the bill has been referred or upon his own initiative. The

statement shall be submitted as soon as practicable to the chairman of

the appropriate committee and contain, to the extent feasible and

relevant, the chief administrator's projections of the impact of the

proposed law on the functioning of the courts and related agencies of

the unified court system, including: (i) administration; (ii) caseload;

(iii) personnel; (iv) procedure; (v) revenues; (vi) expenses; (vii)

physical facilities; and (viii) such additional considerations as may be

requested by the committee chairman, or included by the chief

administrator.

(g) Receive and consider proposed amendments to the civil practice law

and rules and the criminal procedure law, and conduct studies and

recommend changes therein.

(h) Hold hearings and conduct investigations. The chief administrator

may issue a subpoena requiring a person to attend before him and be

examined under oath with reference to any aspect of the unified court

system, and require the production of books or papers with reference

thereto.

(i) Adopt, amend and rescind all rules and orders necessary to execute

the functions of his office.

(j) Collect, compile and publish statistics and other data with

respect to the unified court system and submit annually, on or before

the fifteenth day of March, to the legislature and the governor a report

of his activities and the state of the unified court system during the

preceding year.

(k) Require all personnel of the unified court system, county clerks

and law enforcement officers to furnish any information and statistical

data as will enable him to execute the functions of his office.

(l) Request and receive from any court or agency of the state or any

political subdivision thereof such assistance, information and data as

will enable him to execute the functions of his office.

(m) Undertake research, studies and analyses of the administration and

operation of the unified court system including, but not limited to, the

organization, budget, jurisdiction, procedure, and administrative,

clerical, fiscal and personnel practices thereof.

(n) Accept as agent of the state any grant or gift for the purpose of

executing the functions of his or her office; provided, however, where a

grant or gift is of money, the chief administrator shall dispose of same

as provided in section eleven of the state finance law.

(o) Contract for goods and services on behalf of the unified court

system.

(p) Promote cooperation and coordination between the unified court

system and other agencies of the state or its political subdivisions.

(q) Create advisory committees to assist him in the execution of the

functions of his office.

(r) Establish educational programs, seminars and institutes for the

judicial and nonjudicial personnel of the unified court system.

(s) Delegate to any deputy, assistant, court or administrative judge,

administrative functions, powers and duties possessed by him.

(t) Do all other things necessary and convenient to carry out his

functions, powers and duties.

(u) Review and approve plans, specifications, designs and cost

estimates for the design, acquisition, construction, reconstruction,

rehabilitation, improvement, furnishing or equipping of court facilities

pursuant to a capital plan approved in accordance with section sixteen

hundred eighty-c of the public authorities law; provided, however, that

in the event that such plans, specifications, designs or cost estimates

effect a substantial change in an approved capital plan, such plans,

specifications, designs or cost estimates must be approved by the court

facilities capital review board in accordance with section sixteen

hundred eighty-c of the public authorities law.

(v) Insure that appropriate public notice is given of the provisions

of section 215.22 of the penal law.

(w) Adopt, after consultation with the office of indigent legal

services, the appropriate local magistrates association, institutional

providers of criminal defense services and other members of the criminal

defense bar, local government officials, including the district

attorney, and with the approval of the administrative board of the

courts, a plan for the establishment, in accordance with paragraph (c)

of this subdivision, of off-hours arraignment parts in select local

criminal courts of a county to be held in such courts on a rotating

basis for the conduct of arraignments and other preliminary proceedings

incidental thereto, and for arrest warrant returns in criminal cases,

where the use of such parts will facilitate the availability of public

defenders or assigned counsel for defendants in need of legal

representation at such proceedings. To the extent practicable, and

notwithstanding that any such plan shall designate off-hours arraignment

parts in fewer than all of the local criminal courts of a county, each

plan authorized by this paragraph shall provide for the periodic

assignment of all of the judges and justices of all of the local

criminal courts in the affected county to the off-hours arraignment

parts designated therein. The chief administrator shall give appropriate

public notice of each off-hours arraignment part established hereunder

and each judicial assignment made thereto.

(x) Not permit the unified court system to sell any data regarding

judicial proceedings related to residential tenancy, rent or eviction to

any third party. Such prohibition includes data collected, stored or

utilized by any third-party vendors who have contracts with the unified

court system.

(y) Collect, compile, and publish statistics and other demographic

data provided in accordance with subparagraph (i) of this paragraph and

submit annually, on or before the fifteenth day of March, to the

legislature and the governor a report of his or her findings.

(i) The chief administrator shall annually request that each judge and

justice of the state-paid courts of the unified court system disclose to

the office of court administration information as to his or her

race/ethnicity, sex, sexual orientation, gender identity, veteran

status, and disability status. Compliance with this request by a judge

or justice shall be entirely voluntary; and any information disclosed to

the office of court administration may only be released publicly in the

form of aggregated statistical data that does not identify a justice or

judge.

(ii) The report required by this paragraph shall include separate

charts showing the race/ethnicity, sex, sexual orientation, gender

identity, disability status and veteran status of:

(A) all responding judges and justices of the unified court system,

including sub-charts for all elected judges and justices and all

appointed judges and justices by appointing authority;

(B) all responding judges of the court of appeals;

(C) all responding justices of the appellate division, including

sub-charts for appellate division justices in each appellate department;

(D) all responding justices of the supreme court, including sub-charts

for supreme court justices elected in each judicial district;

(E) all responding judges of the court of claims;

(F) all responding justices of the surrogate's court;

(G) all responding judges of the county courts;

(H) all responding judges of the district courts, including sub-charts

for each district court;

(I) all responding judges of the family court, including sub-charts

for family court judges appointed in New York city and family court

judges elected outside New York city;

(J) all responding judges of the New York city civil court;

(K) all responding judges of the New York city criminal court;

(L) all responding judges of the city courts, including sub-charts for

city court judges who are appointed and city court judges who are

elected; and

(M) all responding judges of the New York city housing court.

(iv) The report required by this paragraph shall use the following

ethnic and racial categories: American Indian or Alaska Native, Asian,

Black or African-American, Hispanic or Latino, Native Hawaiian or other

Pacific Islander, White, some other race, and more than one race, as

those categories are defined by the United States Census Bureau for

reporting purposes.

(v) The demographic data reported, disclosed, or released pursuant to

this subdivision shall also indicate the percentage of respondents who

declined to respond.

2. The chief administrator shall also:

(a) Designate the justices of the appellate terms of the supreme court

and the places where such appellate terms shall be held, in accordance

with the provisions of section eight of article six of the constitution.

(b) Promulgate rules of conduct for judges and justices of the unified

court system with the approval of the court of appeals, in accordance

with the provisions of section twenty of article six of the

constitution.

(c) Temporarily assign judges and justices of the unified court

system, in accordance with the provisions of section twenty-six of

article six of the constitution.

(d) Adopt rules and orders regulating practice in the courts as

authorized by statute with the advice and consent of the administrative

board of the courts, in accordance with the provisions of section thirty

of article six of the constitution.

(e) Prepare forms and compile data on family offenses, proceedings or

actions in all courts, including but not limited to the following

information:

(i) the offense alleged;

(ii) the relationship of the alleged offender to the petitioner or

complainant;

(iii) the court where the action or proceeding was instituted;

(iv) the disposition; and

(v) in the case of dismissal, the reasons therefor.

In executing this requirement, the chief administrator may adopt rules

requiring appropriate law enforcement or criminal justice agencies to

identify actions and proceedings involving family offenses and, with

respect to such actions and proceedings, to report, in such form and

manner as the chief administrator shall prescribe, the information

specified herein.

The chief administrator of the courts shall adopt rules to facilitate

record sharing and other communication among the supreme, criminal and

family courts, subject to applicable provisions of the domestic

relations law, criminal procedure law and the family court act

pertaining to the confidentiality, expungement and sealing of records,

where such courts exercise concurrent jurisdiction over family offense

proceedings or proceedings involving orders of protection.

(f) Have the power to prescribe forms pursuant to section 10.40 of the

criminal procedure law.

(g) Designate by rule one supreme court library within each judicial

district to serve as the repository of materials transmitted by state

agencies pursuant to paragraph c of subdivision four of section one

hundred two of the executive law.

(h) (i) Formulate, establish and maintain a plan or plans to encourage

and reward unusual and meritorious suggestions and accomplishments by

state employees and suggestions of retired state employees promoting

efficiency and economy in the performance of any function of the unified

court system.

(ii) Make and render merit awards to or for the benefit of state

employees and retired state employees nominated to receive them in

accordance with such plan or plans. The chief administrator may

determine the nature and extent of such merit awards, which may include

but shall not be limited to certificates, medals or other appropriate

insignia, or cash awards in such amounts as may be fixed by the chief

administrator.

(iii) Adopt and promulgate rules and regulations governing the

operation of any plan or plans established hereunder, the eligibility

and qualifications of state employees and retired state employees

participating therein, the character and quality of suggestions and

accomplishments submitted for consideration, the method of their

submission and the procedure for their review, nominations for merit

awards, and the kind, character and value of such awards, and such other

rules and regulations as may be deemed necessary or appropriate for the

proper administration of any plan or plans established hereunder.

(i) Review the practices and procedures of the unified court system

regarding fair treatment standards for crime victims and implement

recommendations for change, in accordance with the provisions of article

twenty-three of the executive law.

(j) Notwithstanding any provision of law, rule or regulation to the

contrary, establish a system for the posting of bail and the payment of

fines, mandatory surcharges, court fees, and other monies payable to a

court, county clerk in his or her capacity as clerk of court, or the

office of court administration, or to a sheriff upon enforcing a court

order or delivering a court mandate pursuant to article eighty of the

civil practice law and rules, by means of a credit card or similar

device. Notwithstanding any provision of law to the contrary, the chief

administrator may require a party making a payment in such manner also

to pay a reasonable administrative fee. In establishing such system, the

chief administrator shall seek the assistance of the state comptroller

who shall assist in developing such system so as to ensure that such

funds shall be returned to any jurisdiction which, by law, may be

entitled to them. The chief administrator shall periodically accord the

head of each police department or police force and of any state

department, agency, board, commission or public authority having police

officers who fix pre-arraignment bail pursuant to section 150.30 of the

criminal procedure law an opportunity to have the system established

pursuant to this paragraph apply to the posting of pre-arraignment bail

with police officers under his or her jurisdiction.

(k) Upon application, certify former judges or justices of the unified

court system and former housing judges of the civil court of the city of

New York who served for at least two years in such position to solemnize

marriages.

(l) Establish a panel which shall issue advisory opinions to judges

and justices of the unified court system upon the request of any one

judge or justice, concerning one or more issues related to ethical

conduct or proper execution of judicial duties or possible conflicts

between private interests and official duties.

(i) The panel shall have no executive, administrative or appointive

duties except as provided otherwise in this paragraph or in rules and

regulations adopted to implement this paragraph. The panel shall consist

of such number of members who possess such qualifications and serve for

such terms as the rules and regulations shall provide. Each member shall

serve without compensation but shall be reimbursed for expenses actually

and necessarily incurred in the performance of his or her official

duties for the panel. Notwithstanding any inconsistent provisions of

this or any other law, general, special or local, no officer or employee

of the state or any public corporation, as defined in article two-A of

the general construction law, shall be deemed to have forfeited or shall

forfeit his office or employment or any benefits provided under the

retirement and social security law or under any public retirement system

maintained by the state or any of its subdivisions by reason of his or

her being a member of the panel.

(ii) The panel shall issue a written advisory opinion to the judge or

justice making the request based upon the particular facts and

circumstances of the case, which shall be detailed in the request and in

any additional material supplied by the judge or justice at the instance

of the panel. If the individual facts and circumstances provided are

insufficient in detail to enable the panel to render an advisory

opinion, the panel shall request supplementary information from the

judge or justice to enable it to render such opinion. If such

supplementary information is still insufficient or is not provided, the

panel shall so state and shall not render an advisory opinion based upon

what it considers to be insufficient detail.

(iii) Notwithstanding any other provisions of law, requests for

advisory opinions, advisory opinions issued by the panel to an

individual judge or justice of the unified court system, and the facts

and circumstances upon which they are based, shall be and remain

confidential between the panel and the individual judge or justice

making the request; provided, however, that the panel shall publish its

advisory opinion and the facts and circumstances upon which it is based

with appropriate deletions of names of persons, places and things which

might tend to identify either the judge or justice making the request or

any other judge or justice of the unified court system; and

deliberations of the panel shall be and remain totally confidential.

(iv) Actions of any judge or justice of the uniform court system taken

in accordance with findings or recommendations contained in an advisory

opinion issued by the panel shall be presumed proper for the purposes of

any subsequent investigation by the state commission on judicial

conduct.

(m) Expend funds made available in a political subdivision pursuant to

section five hundred twenty-one of this chapter for the purposes of

improving, furnishing or equipping jury assembly rooms, jury

deliberation rooms, offices for commissioners of jurors, and such other

court facilities in such political subdivision as are required to

effectuate the policies of the state declared in section five hundred of

this chapter; except that, in any state fiscal year, no expenditure may

be made hereunder for any purpose where funds have been made available

by appropriation in such fiscal year to pay the cost thereof. Nor shall

this paragraph, and any expenditures made hereunder, relieve any

political subdivision of its obligation under section thirty-nine of

this chapter to provide goods, services and facilities suitable and

sufficient for the transaction of business by courts and court-related

agencies.

* (n) Have the power to authorize a court under subdivision (b) of

section forty-three hundred seventeen of the civil practice law and

rules to order a reference to determine an application for an order of

protection (including a temporary order of protection) that, in

accordance with law, is made ex parte or where all parties besides the

applicant default in appearance; provided, however, this paragraph shall

only apply to applications brought in family court during the hours that

the court is in session, and after five o'clock p.m. Training about

domestic violence shall be required for all persons who are designated

to serve as references as provided in this paragraph.

* NB Repealed September 1, 2027

(o) Notwithstanding the provisions of paragraph (n) of this

subdivision, have the power to authorize family courts in the seventh

and eighth judicial districts to establish a judicial hearing officer

pilot program (hereinafter referred to as "pilot program") and, under

subdivision (b) of section forty-three hundred seventeen of the civil

practice law and rules, order a reference to determine an application

for an order of protection or temporary order of protection, that, in

accordance with law, is made ex parte or where all parties beside the

applicant default in appearance; provided, however, that the chief

administrator shall not exercise this power without prior consultation

with the presiding justice of the fourth judicial department. Training

about domestic violence shall be required for all judicial hearing

officers in the pilot program.

On or before the first day of April in each year, the chief

administrator of the courts shall submit a report concerning the

judicial hearing officer pilot program to the governor, the temporary

president of the senate, the speaker of the assembly, and the chief

judge of the state. Such report shall include the number of applications

for an order of protection determined by judicial hearing officers in

the pilot program, the disposition of such applications, and such other

data, information, and analysis as are necessary to evaluate the

efficacy of the pilot program in the administration of justice in

response to domestic violence.

(p) Adopt rules authorizing payment of compensation and travel

expenses for judges and justices temporarily assigned to town and

village courts pursuant to subdivision two of section one hundred six of

the uniform justice court act.

(q) Adopt rules to require transmission, to the criminal justice

information services division of the federal bureau of investigation or

to the division of criminal justice services, of the name and other

identifying information of each person who has a guardian appointed for

him or her pursuant to any provision of state law, based on a

determination that as a result of marked subnormal intelligence, mental

illness, incapacity, condition or disease, he or she lacks the mental

capacity to contract or manage his or her own affairs. Any such records

transmitted directly to the federal bureau of investigation must also be

transmitted to the division of criminal justice services, and any

records received by the division of criminal justice services pursuant

to this paragraph may be checked against the statewide license and

record database.

(r) Ensure that cases eligible for judicial diversion pursuant to

article two hundred sixteen of the criminal procedure law shall be

assigned to court parts in the manner provided by the chief

administrator and that, to the extent practicable, such cases are

presided over by judges who, by virtue of the structure, caseload and

resources of the parts and the judges' training, are in the best

position to provide effective supervision over such cases, such as the

drug treatment courts. In compliance with these provisions, the chief

administrator shall give due weight to the need for diverted defendants

to make regular court appearances, and be closely supervised by the

court, for the duration of drug treatment and the pendency of the

criminal charge.

(s) Establish rules for special proceedings authorized by subsection

(d) of section 9--518 of the uniform commercial code. Such rules may

authorize the court in which such a special proceeding is pending to

order a referee to hear and determine such special proceeding.

(t) Make available translation services to all family and supreme

courts to assist in the translation of orders of protection and

temporary orders of protection, as provided in this paragraph, where the

person protected by and/or the person subject to the order of protection

has limited English proficiency or has a limited ability to read

English:

(i) Translation services shall be made available to all family and

supreme courts in the ten languages most frequently used in the courts

of each judicial department in accordance with the schedule in

subparagraph (ii) of this paragraph, and any additional languages that

the chief administrator of the courts deems appropriate;

(ii) (A) In three languages from among the ten most frequently used in

the courts of each judicial department, by January first, two thousand

eighteen;

(B) In three additional languages from among the ten most frequently

used in the courts of each judicial department, by June thirtieth, two

thousand nineteen; and

(C) In four additional languages from among the ten most frequently

used in the courts of each judicial department, by December

thirty-first, two thousand twenty; and

(iii) Upon issuance of an order of protection or temporary order of

protection, the court shall inquire of any person who is protected by it

or subject to it, who has made an appearance, whether translation

services are needed. The court shall advise the party or parties of the

availability of such translation services;

(iv) The authority provided by this paragraph shall be in addition to,

and shall not be deemed to diminish or reduce any rights of the parties

under existing law.

(t-1) Issue reports concerning the availability of translation

services where orders of protection and temporary orders of protection

are issued; special pilot programs. (i) The chief administrator of the

courts shall submit to the legislature, the governor, and the chief

judge of the state the following reports:

(A) Not later than April first, two thousand nineteen, a report on the

availability and use of translation services in the courts for orders of

protection and temporary orders of protection, including but not limited

to the languages for which written and oral translation is provided; the

number of parties that received translated documents, broken down by

language and judicial department; the number of parties receiving

interpretation, broken down by language and judicial department; the

number of people who requested a translated document and did not receive

it; and the number of cases in which a court interpreter was used to

communicate with either party and an order of protection or temporary

order of protection was issued but in which a translated document was

not provided to either party. Such report shall contain recommendations

for further legislation relating to the availability of such translation

services as the chief administrator of the courts shall deem

appropriate; and

(B) Not later than April first, two thousand eighteen, a report

evaluating the technical and operational issues involved in subjecting

the following orders of protection and temporary orders of protection to

the same requirements, relative to translation and interpretation of

such orders, as are applicable to orders of protection and temporary

orders of protection issued under section one hundred sixty-nine of the

family court act: (I) orders of protection and temporary orders of

protection issued under section 530.12 or 530.13 of the criminal

procedure law; and (II) orders of protection and temporary orders of

protection issued by a town or village justice court.

(ii) The office of court administration shall establish and oversee

two pilot programs, as follows:

(A) In one town or village court within each judicial district, to

develop best practices for the use of written translation and

interpretation services for orders of protection and temporary orders of

protection in the justice courts. Following consultation with the state

magistrates association, the conference of mayors, the association of

towns, the unified court system's advisory committee on language access,

and such other parties as may be interested, the chief administrator

shall include an analysis and evaluation of this pilot program, together

with a plan for its expansion throughout the justice court system, in

the report required pursuant to clause (B) of subparagraph (i) of this

paragraph.

(B) In one county in the city of New York and two counties outside

such city, to develop best practices for the use of written translation

and interpretation services for orders of protection and temporary

orders of protection issued in the state-paid criminal courts of such

counties. Following consultation with the state district attorneys

association, representatives of the criminal defense bar,

representatives of domestic violence prevention legal services

providers, the unified court system's advisory committee on language

access, and such other parties as may be interested, the chief

administrator shall include an analysis and evaluation of this pilot

program, together with a plan for its expansion throughout the state, in

the report required pursuant to clause (B) of subparagraph (i) of this

paragraph.

(u) (i) (A) Not later than February first in each calendar year, the

chief administrator of the courts shall submit to the legislature, the

governor and the chief judge of the state a report evaluating the

state's experience with programs in the use of electronic means for the

commencement of actions and proceedings and the service of papers

therein as authorized by law and containing such recommendations for

further legislation as he or she shall deem appropriate. In the

preparation of such report, the chief administrator shall consult with

each county clerk in whose county a program has been implemented in the

supreme and/or county court, each district attorney in whose county a

program has been implemented in criminal cases in the courts of such

county, the advisory committees established pursuant to subparagraphs

(ii) through (vi) of this paragraph, the organized bar including but not

limited to city, state, county and women's bar associations; the office

of indigent legal services; institutional legal service providers;

not-for-profit legal service providers; public defenders; attorneys

assigned pursuant to article eighteen-B of the county law; unaffiliated

attorneys who regularly appear in proceedings that are or have been

affected by any programs that have been implemented or who may be

affected by the proposed recommendations for further legislation;

representatives of victims' rights organizations; and any other persons

in whose county a program has been implemented in any of the courts

therein as deemed to be appropriate by the chief administrator, and

afford them an opportunity to submit comments with respect to such

implementation for inclusion in the report and address any such

comments.

Public comments shall also be sought via a prominent posting on the

website of the office of court administration. All comments received

from any source shall be posted for public review on the same website.

(B) The report submitted hereunder in the two thousand seventeen

calendar year shall include:

(I) the evaluation specified in subparagraph (vi) of this paragraph,

including the entities or individuals consulted, input received, all

issues encountered or otherwise brought to the attention of the chief

administrator or his or her agents, all solutions devised to address the

issues, presentment of all outstanding issues, including but not limited

to any issues relating to the use of electronic means for filing by

unrepresented litigants, any recommendations of the advisory committee

to the chief administrator, along with recommendations for legislation

in relation to the use of electronic means for the origination of

juvenile delinquency proceedings under article three of the family court

act and abuse or neglect proceedings pursuant to article ten of the

family court act in family court and the filing and service of papers in

such pending proceedings.

(II) the evaluation specified in subparagraph (v) of this paragraph,

including the entities or individuals consulted, the input received, all

issues encountered or otherwise brought to the attention of the chief

administrator or his or her agents, all solutions devised to address the

issues, presentment of all outstanding issues, including but not limited

to any issues relating to the use of electronic means for filing by

unrepresented litigants, recommendations of the advisory committee to

the chief administrator, along with recommendations for legislation in

relation to the use of electronic means for the commencement of criminal

actions and the filing and service of papers in pending criminal actions

and proceedings.

(III) the evaluation specified in subparagraph (ii) of this paragraph,

including the entities or individuals consulted, input received, all

issues encountered or otherwise brought to the attention of the chief

administrator or his or her agents, all solutions devised to address the

issues, presentment of all outstanding issues, including but not limited

to any issues relating to the use of electronic means for filing by

unrepresented litigants, any recommendations of the advisory committee

to the chief administrator, along with recommendations for legislation

in relation to the use of electronic means for the commencement of

actions and proceedings and the service and filing of papers therein in

the supreme court.

(IV) the evaluation specified in subparagraph (iii) of this paragraph,

including the entities or individuals consulted, input received, all

issues encountered or otherwise brought to the attention of the chief

administrator or his or her agents, all solutions devised to address the

issues, presentment of all outstanding issues, including but not limited

to any issues relating to the use of electronic means for filing by

unrepresented litigants, any recommendations of the advisory committee

to the chief administrator, along with recommendations for legislation

in relation to the use of electronic means for the commencement of

actions and proceedings and the service and filing of papers therein in

the surrogate's court.

(V) the evaluation specified in subparagraph (iv) of this paragraph,

including the entities or individuals consulted, input received, all

issues encountered or otherwise brought to the attention of the chief

administrator or his or her agents, all solutions devised to address the

issues, presentment of all outstanding issues, including but not limited

to any issues relating to the use of electronic means for filing by

unrepresented litigants, any recommendations of the advisory committee

to the chief administrator, along with recommendations for legislation

in relation to the use of electronic means for the commencement of

actions and proceedings and the service and filing of papers therein in

the civil court of the city of New York.

In the report, the chief administrator also shall address issues that

bear upon the need for the courts, district attorneys and others to

retain papers filed with courts or served upon parties in criminal

proceedings where electronic means can or have been used and make

recommendations for such changes in laws requiring retention of such

papers as the chief administrator may deem appropriate.

(ii) The chief administrator shall maintain an advisory committee to

consult with him or her in the implementation of laws affecting the

program in the use of electronic means for the commencement of civil

actions and proceedings and the service and filing of papers therein in

the supreme court. This committee shall consist of such number of

members as the chief administrator shall designate, among which there

shall be representatives of the organized bar including but not limited

to city, state, county and women's bar associations; institutional legal

service providers; not-for-profit legal service providers; attorneys

assigned pursuant to article eighteen-B of the county law; unaffiliated

attorneys who regularly appear in proceedings that are or have been

affected by the programs that have been implemented or who may be

affected by any recommendations for further legislation concerning the

use of electronic means for the commencement of actions and proceedings

and the service and filing of papers therein in the supreme court; and

any other persons in whose county a program has been implemented in any

of the courts therein as deemed to be appropriate by the chief

administrator. No fewer than half of the members of this advisory

committee shall be upon the recommendation of the New York state

association of county clerks. Such committee shall help the chief

administrator to evaluate the impact of such electronic filing program

on litigants including unrepresented parties, practitioners and the

courts and to obtain input from those who are or would be affected by

such electronic filing program, including unrepresented parties, city,

state, county and women's bar associations; institutional legal service

providers; not-for-profit legal service providers; attorneys assigned

pursuant to article eighteen-B of the county law; unaffiliated attorneys

who regularly appear in proceedings that are or have been affected by

the programs that have been implemented or who may be affected by any

recommendations for further legislation concerning the use of the

electronic filing program in the supreme court; and any other persons in

whose county a program has been implemented in any of the courts therein

as deemed to be appropriate by the chief administrator.

(iii) The chief administrator shall maintain an advisory committee to

consult with him or her in the implementation of laws affecting the

program in the use of electronic means for the commencement of actions

and proceedings and the service and filing of papers therein in the

surrogate's court. This committee shall consist of such number of

members as the chief administrator shall designate among which there

shall be chief clerks of surrogate's courts; representatives of the

organized bar including but not limited to city, state, county and

women's bar associations; institutional providers of legal services;

not-for-profit legal service providers; attorneys assigned pursuant to

article eighteen-B of the county law; unaffiliated attorneys who

regularly appear in proceedings that are or have been affected by the

programs that have been implemented or who may be affected by any

recommendations for further legislation concerning the use of electronic

means for the commencement of actions and proceedings and the service

and filing of papers therein in the surrogate's court; and any other

persons in whose county a program has been implemented in any of the

courts therein as deemed to be appropriate by the chief administrator.

Such committee shall help the chief administrator to evaluate the impact

of such electronic filing program on litigants including unrepresented

parties, practitioners and the courts and to obtain input from those who

are or would be affected by such electronic filing program, including

unrepresented parties, city, state, county and women's bar associations;

institutional legal service providers; not-for-profit legal service

providers; attorneys assigned pursuant to article eighteen-B of the

county law; unaffiliated attorneys who regularly appear in proceedings

that are or have been affected by the programs that have been

implemented or who may be affected by any recommendations for further

legislation concerning the use of the electronic filing program in the

surrogate's court; and any other persons in whose county a program has

been implemented in any of the courts therein as deemed to be

appropriate by the chief administrator.

(iv) The chief administrator shall maintain an advisory committee to

consult with him or her in the implementation of laws affecting the

program in the use of electronic means for the commencement of civil

actions and proceedings and the service and filing of papers therein in

the civil court of the city of New York, the district courts, the city

courts outside New York city, and the town and village justice courts.

This committee shall consist of such number of members as the chief

administrator shall designate, among which there shall be the chief

clerk of the civil court of the city of New York; one or more chief

clerks of the district courts, the city courts outside New York city,

and the town and village justice courts; the president of the state

magistrates' association or his or her designee; representatives of the

organized bar including but not limited to city, state, county and

women's bar associations; and unaffiliated attorneys who regularly

appear in proceedings that are or have been affected by the programs

that have been implemented or who may be affected by any recommendations

for further legislation concerning the use of electronic means for the

commencement of actions and proceedings and the service and filing of

papers therein in any of the courts specified in this subparagraph; and

any other persons as deemed appropriate by the chief administrator. Such

committee shall help the chief administrator to evaluate the impact of

such electronic filing program on litigants including unrepresented

parties, practitioners and the courts and to obtain input from those who

are or would be affected by such electronic filing program, including

unrepresented parties, city, state, county and women's bar associations;

institutional legal service providers; not-for-profit legal service

providers; attorneys assigned pursuant to article eighteen-B of the

county law; unaffiliated attorneys who regularly appear in proceedings

that are or have been affected by the programs that have been

implemented or who may be affected by any recommendations for further

legislation concerning the use of the electronic filing program in any

of the courts specified in this subparagraph; and any other persons in

whose county a program has been implemented in any of the courts therein

as deemed to be appropriate by the chief administrator.

(v) The chief administrator shall maintain an advisory committee to

consult with him or her in the implementation of laws affecting the

program in the use of electronic means for the commencement of criminal

actions and the filing and service of papers in pending criminal actions

and proceedings. The committee shall consist of such number of members

as will enable the chief administrator to obtain input from those who

are or would be affected by such electronic filing program, and such

members shall include county clerks; chief clerks of supreme, county and

other courts; district attorneys; representatives of the office of

indigent legal services; not-for-profit legal service providers; public

defenders; statewide and local specialty bar associations whose

membership devotes a significant portion of their practice to assigned

criminal cases pursuant to subparagraph (i) of paragraph (a) of

subdivision three of section seven hundred twenty-two of the county law;

institutional providers of criminal defense services and other members

of the criminal defense bar; representatives of victims' rights

organizations; unaffiliated attorneys who regularly appear in

proceedings that are or would be affected by such electronic filing

program and other interested members of the criminal justice community.

Such committee shall help the chief administrator to evaluate the impact

of such electronic filing program on litigants including unrepresented

parties, practitioners and the courts and to obtain input from those who

are or would be affected by such electronic filing program, including

unrepresented parties, district attorneys, not-for-profit legal service

providers, public defenders, statewide and local specialty bar

associations whose membership devotes a significant portion of their

practice to assigned criminal cases pursuant to subparagraph (i) of

paragraph (a) of subdivision three of section seven hundred twenty-two

of the county law; institutional providers of criminal defense services

and other members of the criminal defense bar, representatives of

victims' rights organizations, unaffiliated attorneys who regularly

appear in proceedings that are or would be affected by such electronic

filing program and other interested members of the criminal justice

community.

(vi) The chief administrator shall maintain an advisory committee to

consult with him or her in the implementation of laws affecting the

program in the use of electronic means for the origination of

proceedings in family court and the filing and service of papers in such

pending proceedings. The committee shall consist of such number of

members as will enable the chief administrator to obtain input from

those who are or would be affected by such electronic filing program,

and such members shall include chief clerks of family courts;

representatives of authorized presentment and child protective agencies;

other appropriate county and city government officials; institutional

providers of legal services for children and/or parents; not-for-profit

legal service providers; public defenders; representatives of the office

of indigent legal services; attorneys assigned pursuant to article

eighteen-B of the county law; and other members of the family court bar;

representatives of victims' rights organizations; unaffiliated attorneys

who regularly appear in proceedings that are or would be affected by

such electronic filing program; and other interested members of the

family practice community. Such committee shall help the chief

administrator to evaluate the impact of such electronic filing program

on litigants including unrepresented parties, practitioners and the

courts and to obtain input from those who are or would be affected by

such electronic filing program, including unrepresented parties,

representatives of authorized presentment and child protective agencies,

other appropriate county and city government officials, institutional

providers of legal services for children and/or parents, not-for-profit

legal service providers, public defenders, attorneys assigned pursuant

to article eighteen-B of the county law and other members of the family

court bar, representatives of victims' rights organizations,

unaffiliated attorneys who regularly appear in proceedings that are or

would be affected by such electronic filing program, and other

interested members of the criminal justice community.

(u-1) Compile and publish data on misdemeanor offenses in all courts,

disaggregated by county, including the following information:

(i) the aggregate number of misdemeanors charged, by indictment or the

filing of a misdemeanor complaint or information;

(ii) the offense charged;

(iii) the race, ethnicity, age, and sex of the individual charged;

(iv) whether the individual was issued a summons or appearance ticket,

was subject to custodial arrest, and/or was held prior to arraignment as

a result of the alleged misdemeanor;

(v) the precinct or location where the alleged misdemeanor occurred;

(vi) the disposition, including, as the case may be, dismissal,

acquittal, adjournment in contemplation of dismissal, plea, conviction,

or other disposition;

(vii) in the case of dismissal, the reasons therefor; and

(viii) the sentence imposed, if any, including fines, fees, and

surcharges.

(v) Have the power to establish pilot programs for the filing of

petitions for temporary orders of protection by electronic means and for

the issuance of such orders by audio-visual means pursuant to

subdivision (b) of section one hundred fifty-three-c of the family court

act. The chief administrator shall maintain an up-to-date and

publicly-available listing of the sites, if any, at which such

applications for ex parte temporary orders of protection may be filed,

and at which electronic appearances in support of such applications may

be sought, in accordance with such section one hundred fifty-three-c of

the family court act. In developing such pilot program, the chief

administrator shall strive for a program that is regionally diverse, and

takes into consideration, among other things, the availability of public

transportation, population density and the availability of facilities

for conducting such program.

(v-1) Compile and publish data on violations, to the greatest extent

practicable, in all courts, disaggregated by county, including the

following information:

(i) the aggregate number of violations charged by the filing of an

information;

(ii) the violation charged;

(iii) the race, ethnicity, age, and sex of the individual charged;

(iv) whether the individual was issued a summons or appearance ticket,

was subject to custodial arrest, and/or was held prior to arraignment as

a result of the alleged violation;

(v) the precinct or location where the alleged violation occurred;

(vi) the disposition, including, as the case may be, dismissal,

acquittal, conviction, or other disposition;

(vii) in the case of dismissal, the reasons therefor; and

(viii) the sentence imposed, if any, including fines, fees, and

surcharges.

* (w) To the extent practicable, establish such number of human

trafficking courts as may be necessary to fulfill the purposes of

subdivision five of section 170.15 and subdivision four of section

180.20 of the criminal procedure law.

* NB There are 2 par (w)'s

* (w) Adopt rules and regulations standardizing use of court-appointed

special advocate (CASA) programs in this state and governing the

structure, administration and operation of such programs.

* NB There are 2 par (w)'s

(w-1) The chief administrator shall include the information required

by paragraphs (u-1) and (v-1) of this subdivision in the annual report

submitted to the legislature and the governor pursuant to paragraph (j)

of subdivision one of this section. The chief administrator shall also

make the information required by paragraphs (u-1) and (v-1) of this

subdivision available to the public by posting it on the website of the

office of court administration and shall update such information on a

monthly basis. The information shall be posted in alphanumeric form that

can be digitally transmitted or processed and not in portable document

format or scanned copies of original documents.

(x) Take such actions and adopt such measures as may be necessary to

ensure that no written or electronic report of a criminal history record

search conducted by the office of court administration, other than a

search conducted solely for the internal recordkeeping or case

management purposes of the judiciary or for a bona fide research

purpose, contains information relating to an undisposed case. For

purposes of this paragraph, "undisposed case" shall mean a criminal

action or proceeding, or an arrest incident, appearing in the criminal

history records of the office of court administration for which no

conviction, imposition of sentence, order of removal or other final

disposition, other than the issuance of an apparently unexecuted

warrant, has been recorded and with respect to which no entry has been

made in such records for a period of at least five years preceding the

issuance of such report. Nothing contained in this paragraph shall be

deemed to permit or require the release, disclosure or other

dissemination by the office of court administration of criminal history

record information that has been sealed in accordance with law.

(x-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall

be construed as granting authority to the chief administrator, a

criminal justice or law enforcement agency, a governmental entity, or

any agent or representative of the foregoing, to use, disseminate, or

publish any individual's name, date of birth, NYSID, social security

number, docket number, or other unique identifier in violation of the

criminal procedure law, the general business law, or any other law.

(y) Take such actions and adopt such measures as may be necessary to

ensure that no written or electronic report of a criminal history record

search conducted by the office of court administration, other than a

search conducted solely for the internal recordkeeping or case

management purposes of the judiciary or for a bona fide research

purpose, contains information about any action or proceeding terminated

prior to November first, nineteen ninety-one in favor of the accused, as

defined by section 160.50 of the criminal procedure law, or sealed in

the manner provided by section 160.55 of the criminal procedure law.

(y-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall

be construed as granting authority to the chief administrator, a

criminal justice or law enforcement agency, a governmental entity, a

party, a judge, a prosecutor, or any agent or representative of the

foregoing to introduce, use, disseminate, publish or consider any

records in any judicial or administrative proceeding expunged or sealed

under applicable provisions of the criminal procedure law, the family

court act, or any other law.

(z) take such actions and adopt such measures as may be necessary to

ensure that a certificate of disposition or a written or electronic

report of a criminal history search conducted for the public by the

office of court administration contains only records of convictions, if

any, and information about pending cases. This limitation shall not

apply to searches conducted for the internal recordkeeping or case

management purposes of the judiciary, or produced to the court, the

people, and defense counsel in a criminal proceeding, or for a bona fide

research purpose, or, where appropriate, to the defendant or defendant's

designated agent.

(z-1) In executing the requirements of paragraphs (u-1) and (v-1) of

this section, the chief administrator may adopt rules consistent with

the requirements of paragraphs (x-1) and (y-1) of this subdivision to

secure the information specified herein from the office of the state

comptroller in such form and manner as the chief administrator shall

prescribe. Further, to facilitate this provision, the chief

administrator shall adopt rules to facilitate record sharing, retention

and other necessary communication among the criminal courts and law

enforcement agencies, subject to applicable provisions of the criminal

procedure law, the family court act, and any other law pertaining to the

confidentiality, expungement and sealing of records.

* (aa) (i) In order to maintain access to the court and open judicial

proceedings for all persons in their individual capacity and to prevent

interference with the needs of judicial administration, consistent with

section twenty-eight of the civil rights law and section four-a of this

chapter, shall promulgate rules to ensure the following:

(A) any representative of a law enforcement agency who, while acting

in an official capacity, enters a New York state courthouse intending to

observe an individual or take an individual into custody shall identify

himself or herself to uniformed court personnel and state his or her

specific law enforcement purpose and the proposed enforcement action to

be taken; any such representative who has a warrant or order concerning

such intended arrest shall provide a copy of such warrant or order to

such court personnel;

(B) any such warrant or order concerning such intended enforcement

action shall be promptly reviewed by a judge or court attorney;

(C) information about any such proposed enforcement action shall be

transmitted to and reviewed by appropriate court system personnel,

including the judge presiding over any case involving the subject of

that enforcement action;

(D) except in extraordinary circumstances, no arrest may be made by a

representative of a law enforcement agency in a courtroom absent leave

of the court;

(E) no civil arrest shall be executed inside a New York state

courthouse except pursuant to a judicial warrant or judicial order

authorizing the arrest;

(F) an unusual occurrence report shall be filed by court system

personnel for every enforcement action taken inside the courthouse,

including the observation of court proceedings by a representative of a

law enforcement agency acting in such person's official capacity; and

(G) copies of all judicial warrants and judicial orders authorizing an

arrest and provided to court personnel pursuant to this paragraph and

the rules promulgated thereunder shall be maintained by the chief

administrator in a central record repository, appropriately indexed or

filed alphabetically by name.

(ii) The chief administrator shall publish on the unified court system

website and provide to the governor, the speaker of the assembly and the

temporary president of the senate an annual report compiling statistics,

aggregated by county, setting forth the date each such judicial warrant

or judicial order was signed, the judge and court which issued such

judicial warrant or judicial order and the location of such court as

shown by such document, the date such judicial warrant or judicial order

was presented to counsel for the unified court system, a description of

the type of judicial warrant or judicial order and, to the extent known

to court personnel, whether or not an arrest occurred with respect to

such warrant and the date and specific location of such arrest.

* NB There are 2 par (aa)'s

* (aa) Not later than January first, two thousand twenty-two, make

available Spanish translations of the additional notices in consumer

credit transaction actions and proceedings required by section 306-d and

subdivision (j) of rule 3212 of the civil practice law and rules, and

make available form affidavits required for a motion for default

judgment in a consumer credit transaction action or proceeding required

by subdivision (f) of section 3215 of the civil practice law and rules.

* NB There are 2 par (aa)'s

(bb) To the extent practicable, establish such number of veterans

treatment courts as may be necessary to fulfill the purposes of

subdivision five of section 170.15, subdivision four of section 180.20,

section 230.11 and section 230.21 of the criminal procedure law.

(cc) Make available form affidavits required for a motion for default

judgment in an action arising from medical debt as required by

subdivision (f) of section thirty-two hundred fifteen of the civil

practice law and rules.

(dd) Promulgate a standardized form and process for individuals to

notify the office of court administration of convictions subject to

sealing under section 160.57 of the criminal procedure law, but for

which the office has not sealed or taken the requisite action for

related records.

(ee) Promulgate a standardized form and process for individuals

authorized to request sealed records pursuant to subparagraph (xiii) of

paragraph (d) of subdivision one of section 160.57 of the criminal

procedure law.

* (ff) Adopt rules necessary and appropriate to effectuate part six of

article three of the estates, powers and trusts law regarding electronic

wills.

* NB Effective December 12, 2027