N.Y. Comp. Codes R. & Regs. tit. 22 § 121.2

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

Section 121.2 - Procedure for selection

(a) Selection of judges for temporary assignment pursuant to this Part shall be made by the Chief Administrator upon recommendations from an evaluatory panel consisting of the appropriate Deputy Chief Administrator for the Courts within and without the City of New York, the Deputy Chief Administrator for Management Support, the Administrative Judge for Matrimonial Matters, and the administrative judge of the court where the judge serves. The Chief Administrator may alter the membership of the panel where circumstances require. The panel shall consider the need for judges to be assigned, the availability of judges for assignment and the capability of the judges eligible for assignment.

(b) In determining the capability of judges eligible for assignment, the evaluatory panel shall consult with administrative judges and with bar associations and other persons or groups as may be appropriate, and shall consider the following criteria with respect to each judge:

(1) productivity, including effective docket management and prompt case disposition;

(2) scholarship, including knowledge and understanding of substantive, procedural and evidentiary law of New York State, attentiveness to factual and legal issues before the court, application of judicial precedents and other appropriate sources of authority, and quality and clarity of written opinions;

(3) temperament, including the ability to deal patiently with and be courteous to all parties and participants; and

(4) work ethic, including punctuality, preparation and attentiveness, and meeting commitments on time and according to the rules of the court.

The panel also shall consider any complaints filed with court administrators.

(c) No judge shall be eligible for temporary assignment pursuant to this Part for a period in excess of 20 calendar days unless that judge has served in a court of limited jurisdiction for a period of two years.

(d) The Chief Administrator, upon consultation with and agreement of the presiding justice of the appropriate Appellate Division, may except a judge from all or part of the requirements of subdivision (b) of this section in determining the judge's eligibility for an assignment not in excess of 20 calendar days if the needs of the courts warrant such action.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 121.2