N.Y.
Judiciary Law Section 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 State Finance Law § 11 (Gifts, devises and bequests)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 Public Authorities Law § 1680-C (Creation of the court facilities capital review board)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 Public Authorities Law § 1680-C (Creation of the court facilities capital review board)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 Executive Law § 102 (Filing and publication of codes, rules and regulations)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 § 521 (Fees and travel expenses of jurors)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 § 500 (Declaration of policy)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 § 39 (Unified court budget)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 Civil Practice Law & Rules Law § 4317 (When reference to determine may be used)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, 2025 (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 Civil Practice Law & Rules Law § 4317 (When reference to determine may be used)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 civil cases in the supreme court, 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 actions and proceedings and the service and filing of papers therein in the civil court of the city of New York. 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; representatives of the organized bar including but not limited to city, state, county and women’s bar associations; attorneys who regularly appear in actions specified in subparagraph (C) of paragraph two of subdivision (b) of Civil Practice Law & Rules Law § 2111 (Filing of papers in the trial courts by facsimile transmission and by electronic means)section twenty-one hundred eleven of the civil practice law and rules; 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 the civil court of the city of New York; 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 the civil court of the city of New York; 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, as first authorized by paragraph one of subdivision (c) of section six of chapter four hundred sixteen of the laws of two thousand nine, as amended by chapter one hundred eighty-four of the laws of two thousand twelve, is continued. 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 County Law § 722 (Plan for representation)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 County Law § 722 (Plan for representation)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 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, as first authorized by paragraph one of subdivision (d) of section six of chapter four hundred sixteen of the laws of two thousand nine, as amended by chapter one hundred eighty-four of the laws of two thousand twelve, is continued. 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 Civil Rights Law § 28 (Medical attention for persons under arrest)section twenty-eight of the civil rights law and § 4-A (Certain powers of the courts regarding civil arrests)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 Civil Practice Law & Rules Law § 3215 (Default judgment)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.
Source:
Section 212 — Functions of the chief administrator of the courts, https://www.nysenate.gov/legislation/laws/JUD/212 (updated Nov. 22, 2024; accessed Dec. 21, 2024).
