N.Y. Comp. Codes R. & Regs. tit. 22 § 80.3

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

Section 80.3 - Administration of appellate divisions and appellate terms

(a) The Presiding Justices and the associate justices of the appellate divisions shall administer their respective courts and the appellate terms of the Supreme Court in their respective departments, in accordance with the standards and administrative policies established, approved, and promulgated pursuant to article VI, section 28(c), of the Constitution, and in their respective courts and for their respective appellate terms shall:

(1) establish the hours and terms of court, and assign justices to them;

(2) appoint and remove all nonjudicial officers and employees, except personal assistants who serve as law clerks (law secretaries) and secretaries to justices of those courts;

(3) delegate to the Presiding Justice or to any associate justice or the clerk any administrative power or function enumerated in this section;

(4) enforce and supervise the execution of the standards and administrative policies established, approved, and promulgated pursuant to article VI, section 28(c); and

(5) adopt administrative rules for the efficient and orderly transaction of business.

(b) The Chief Administrator's powers and duties with respect to the appellate divisions and appellate terms shall be limited to the following:

(1) preparation of the itemized estimates of the annual financial needs of the appellate divisions and appellate terms, in consultation with the respective appellate divisions;

(2) enforcement and supervision of the execution of the standards and administrative policies established, approved, and promulgated pursuant to article VI, section 28(c), relating to personnel practices and career service rules;

(3) designation of law journals for the publication of court calendars, judicial orders, decisions and opinions, and notices of proceedings;

(4) acceptance as agent of the appellate divisions and appellate terms of any grant or gift for the purposes of carrying out their functions, and contracting on their behalf for goods and services;

(5) exercise of all powers and performing all duties as a public employer pursuant to article 14 of the Civil Service Law (Taylor Law), and as the chief executive officer pursuant to that article; and

(6) adoption, and revision when appropriate, of classifications and allocations of positions for nonjudicial officers and employees of the appellate divisions and appellate terms.

(c) Supervision of the administration and operation of the following programs shall remain the responsibility of the appellate divisions or Presiding Justices, as now provided by statute: assignments of counsel, law guardians and guardians ad litem; the Mental Health Information Service; appointments of examiners of incompetents' accounts; and admission to the bar, disciplining of lawyers, and regulation of the practice of law.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 80.3