N.Y. Comp. Codes R. & Regs. tit. 22 § 205.3

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

Section 205.3 - Individual assignment system; structure

(a) General. There shall be established for all proceedings heard in the Family Court an individual assignment system which provides for the continuous supervision of each proceeding by a single judge or, where appropriate, a single support magistrate. For the purposes of this Part, the word judge shall include a support magistrate, where appropriate. Except as otherwise may be authorized by the Chief Administrator or by these rules, every proceeding shall be assigned and heard pursuant to the individual assignment system.

(b) Assignments. Proceedings shall be assigned to a judge of the court upon the filing with the court of the first document in the case. Assignments shall be made by the clerk of the court pursuant to a method of random selection authorized by the Chief Administrator. The judge thereby assigned shall be known as the "assigned judge" with respect to that matter and, except as otherwise provided in subdivision (c) of this section or by law, shall conduct all further proceedings therein.

(c) Exceptions.

(1) Where the requirements of matters already assigned to a judge are such as to limit the ability of the judge to handle additional cases, the Chief Administrator may authorize that new assignments to the judge be suspended until the judge is able to handle additional cases.

(2) The Chief Administrator may authorize the establishment in any court of special categories of proceedings for assignment to judges specially assigned to hear such proceedings. Where more than one judge is specially assigned to hear a particular category of proceeding, the assignment of such proceedings to the judges so assigned shall be at random.

(3) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available.

(4) The Chief Administrator may authorize the transfer of any proceeding and any matter relating to a proceeding from one judge to another in accordance with the needs of the court.

(5) Assignment of cases to judges pursuant to this section shall be consistent with section 205.27 of this Part.

(6) Multiple proceedings involving members of the same family shall be assigned to be heard by a single judge to the extent feasible and appropriate, including, but not limited to, child protective, foster care placement, family offense and custody proceedings.

(7) Where a child is under the jurisdiction of the Family Court as a result of a placement in foster care pursuant to article 10 or 10A of the Family Court Act or section 358-a of the Social Services Law, a judicial surrender, or a petition for the termination of parental rights, approval of an extra-judicial surrender or adoption of the child, shall be assigned, wherever practicable, to the Family Court judge who last presided over the child's proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.3