N.Y. Comp. Codes R. & Regs. tit. 22 § 122.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 122.2 - Initial designation

(a) The Chief Administrator of the Courts, in his or her discretion, may designate as a judicial hearing officer an eligible person who files an application pursuant to section 122.1 of this Part upon determination that the applicant has the physical and mental capacity, competence, work ethic, experience and judicial temperament necessary to perform the duties of a judicial hearing officer, and is well qualified to serve on the panels in the courts to which he or she will be designated.

(b) The applicant shall undergo a comprehensive physical examination by a physician designated by the Chief Administrator, who shall issue a report to the Chief Administrator that the applicant has or has not the physical and mental capacity to perform competently the duties of a judicial hearing officer.

(c) In determining whether to designate an applicant as a judicial hearing officer, the Chief Administrator shall consult with (1) the Presiding Justice of the appropriate Appellate Division, (2) the appropriate Deputy Chief Administrator for the Courts, within or outside the City of New York, (3) the appropriate administrative judge who shall submit a written evaluation of the applicant, and (4) the appropriate judicial hearing officer selection advisory committee established pursuant to subdivision (e) of this section.

(d) The Chief Administrator also may consult with other appropriate persons and bar associations and conduct whatever investigation the Chief Administrator deems necessary to determine the qualifications of an applicant, including requiring additional medical examinations.

(e)

(1) The Chief Administrator, after consultation with the Presiding Justice of the appropriate Appellate Division, shall establish judicial hearing officer selection advisory committees for the First Judicial Department, the Second Judicial Department within the City of New York, the Ninth Judicial District of the Second Judicial Department, the Tenth Judicial District of the Second Judicial Department, the Third Judicial Department and the Fourth Judicial Department, and shall appoint the members thereto. Each committee shall consist of seven members, four nonjudicial members who are practicing attorneys and three members who are either current or former judges or justices of the Unified Court System. The Chief Administrator shall designate one member of each committee to serve as committee chair. Each member shall serve for a term of two years which, shall be renewable.

(2) Every applicant for designation to the office of judicial hearing officer shall be evaluated prior to designation by the committee established for the principal jurisdiction in which the applicant applies to serve, which shall interview the applicant and may require the applicant to submit any appropriate materials. In the event no principal jurisdiction is apparent, the Chief Administrator shall select the committee that shall evaluate the applicant. Where the bulk of the applicant's judicial service was in a jurisdiction other than the principal one in which the applicant is seeking to serve, the committee may consult with the appropriate committee in that other jurisdiction and may refer the applicant to that committee for evaluation. The committee shall set forth whether each applicant is qualified to serve as a judicial hearing officer based upon competence, work ethic, experience and judicial temperament necessary to perform duties of a judicial hearing officer. The Committee also shall specifically advise whether the applicant is qualified to serve as a judicial hearing officer with respect to (a) criminal actions, (b) civil actions other than matrimonial actions, and (c) matrimonial actions.

(f) For purposes of this Part, evaluation of the competence, work ethic, experience and judicial temperament of any applicant pursuant to this Part shall include the following:

(1) Competence. Effective case management and prompt care disposition, knowledge of the law, and quality and clarity of written opinions.

(2) Work ethic. Punctuality, preparation and attentiveness, and meeting commitments on time and according to the rules of the court.

(3) Experience. The nature, length and proximity in time of judicial services.

(4) Judicial temperament. The ability to deal patiently with and be courteous to all parties and participants.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 122.2