N.Y. Comp. Codes R. & Regs. tit. 22 § 41.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 41.1 - Integrated domestic violence parts of Supreme Court and domestic violence parts of Superior Courts

(a) Integrated domestic violence parts of the Supreme Court and domestic violence parts of the Supreme or County Court may be established in one or more counties by order of the Chief Administrator of the Courts following consultation with and agreement of the presiding justice of the Judicial Department in which the affected county or counties are located. As provided by rule of the Chief Administrator promulgated pursuant to subdivision (b) of this section:

(1) Integrated domestic violence parts shall be devoted to the hearing and determination, in a single forum, of cases that are simultaneously pending in the courts if one of them is a domestic violence case in a criminal court and the other is a case in Supreme or Family Court that involves a party or witness in the domestic violence case; or if one is a case in criminal court, Family Court or Supreme Court and the other is a case in any other of these courts having a common party or in which a disposition may affect the interests of a party to the first case. The Chief Administrator also may provide that, where cases are disposed of in an integrated domestic violence part, subsequent cases that would have been eligible for disposition in such part were they to have been pending simultaneously with the cases already disposed of shall be eligible for disposition therein. Where no domestic violence part has been established in the county pursuant to rules of the Chief Administrator promulgated pursuant to subdivision (b) of this section, the Chief Administrator may also provide that domestic violence cases pending in a criminal court in the county shall be eligible for disposition in the integrated domestic violence part if necessary to best utilize available court and community resources for domestic violence cases.

(2) Domestic violence parts shall be devoted to the hearing and determination of domestic violence cases pending in a criminal court in the county if necessary to best utilize available court and community resources for domestic violence cases.

(b) The Chief Administrator shall promulgate rules to regulate operation of integrated domestic violence parts in Supreme Court and domestic violence parts in Supreme and County Courts. The rules of the integrated domestic violence parts shall permit a justice of the Supreme Court to transfer to such court, for disposition in an integrated domestic violence part thereof, any eligible case pending in another court in the same country. The rules of the domestic violence parts shall permit a justice of the Supreme Court or a judge of the County Court to transfer to such court, for disposition in a domestic violence part thereof, any eligible case pending in another criminal court in the same county.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 41.1