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 beforethe 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 with the approval of the chairmen of the senate finance committee and the assembly ways and means committee and the respective judiciary committees of each house, any grant or gift for the purpose of executing the functions of his office; provided, however, that legislative approval as prescribed herein shall not be required for the acceptance of any grant or gift the value of which does not exceed five thousand dollars. (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. 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 administrativeboard 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 acourt, county clerk in his or her capacityas 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 itsadvisory 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, 2012 * (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.* NB Repealed July 30, 2011 (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. (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.