§ 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, 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 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 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 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 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
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.

* NB Effective November 16, 2024

* (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.

* NB Effective November 16, 2024