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This entry was published on 2021-04-23
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SECTION 211
Administrative functions of the chief judge of the court of appeals
Judiciary (JUD) CHAPTER 30, ARTICLE 7-A
§ 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, 2023

* (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, 2023

* (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, 2023

* (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, 2023

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.