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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Administrative Judge


PART 138. Justice Court Assistance Program
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138.01 General
138.02 Purposes for which Justice Court Assistance Program funds
138.03 Application procedures
138.04 Approval
138.05 Payment
138.06 Program evaluation

Section 138.01 General.

This Part prescribes rules and regulations governing administration of the Justice Court Assistance Program. This program was established by the Legislature to provide a means by which towns and villages may obtain limited State funding to improve operation of their Justice Courts.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

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Section 138.02 Purposes for which Justice Court Assistance Program funds may be used.

Funding available pursuant to this Part may be used for any purpose having as its end enhancement of the Justice Courts' ability to provide suitable and sufficient services to their respective communities. These purposes may include, but shall not be limited to, automation of court operations; provision of appropriate means for the recording of court proceedings; provision of lawbooks, treatises and related materials; provision of appropriate training for justices and for nonjudicial court staff; and the improvement or expansion of court facilities. Funding shall not be used to compensate justices and nonjudicial court staff, nor shall it be used as a means of reducing funding provided by a town or village to its Justice Court.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

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Section 138.03 Application procedures.

No Justice Court Assistance Program funds may be disbursed unless the Chief Administrator first approves an application therefor as provided hereunder.

(a) Who may apply. Each town and village having a Justice Court may make an individual application for funding, or two or more such towns or villages, or towns and villages, may make a joint application for funding.

(b) When and where to apply. For a town or village to be eligible for a disbursement from funds made available by appropriation to the Unified Court System for the 1999-2000 State fiscal year, it must file its application therefor with the Chief Administrator on or before December 1, 1999; and for the 2000-2001 State fiscal year, it must file its application on or before May 1, 2000. To be eligible for a disbursement from funds made available by appropriation for any subsequent State fiscal year, a town or village must file its application with the Chief Administrator on or before the first day of May preceding commencement of such fiscal year. Once an application is filed, it will remain active for two consecutive State fiscal years.

(c) Contents of application. Each application filed with the Chief Administrator pursuant to this Part must be signed by at least one justice of the court(s) affected thereby other than an acting justice, and by the supervisor of any town, and the mayor of any village, that is party to the application. Each such application shall be in such form as the Chief Administrator shall prescribe and shall include the following:

(1) a specification of the amount of funding sought.

(2) a detailed description of the purpose or purposes to which the funding will be applied.

(3) a detailed description of the court or courts that will benefit from the funding, including information as to staffing, caseload, budget and facilities as well as general information about the community or communities served, where such general information would be pertinent to the purpose or purposes to which the funding will be applied.

(4) information concerning past applications for funding.

(5) a certified copy of a resolution of the legislative body of each municipality that is a party to the application evidencing its authorization thereof.

The Chief Administrator may, at any time following the filing of an application for funding, request that an applicant or applicants furnish additional information or documentation to support such application.

(d) Special application by a magistrates' association. Notwithstanding any other provision of this section, one or more duly-organized county or multi- county magistrates' associations may make an individual or joint application for funding solely for the purpose of enabling the provision of appropriate training for justices and/or for nonjudicial court staff of the courts represented by such association(s). In such event, the other provisions of this section shall not apply except that:

(1) the magistrates' association applicant(s) shall be subject to the same requirements applicable to town and village applicants pursuant to subdivision (b) of this section; and

(2) the application shall be in such form as the Chief Administrator shall prescribe and shall be signed by a duly-authorized officer of the applicant (or by a duly-authorized officer of each of the applicants if it is a joint application).

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

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Section 138.04 Approval.

The Chief Administrator shall approve applicants for funding pursuant to this Part. Such approval shall be made as soon as practicable. In determining whether to approve an applicant, the Chief Administrator shall consider:

(a) whether the applicant has complied with these rules and regulations and all pertinent provisions of article 21-B of the Judiciary Law;

(b) the likely impact of approving its application upon the court or courts to be affected thereby, upon the communities served, and upon the judiciary generally;

(c) the availability of other sources of funding to pay some or all of the costs for which the application seeks funding under the program;

(d) the number and content of all other applications for funding then available under the program, and the amount of such funding; and

(e) the extent of funding already received under the program by the applicant (or joint applicants) pursuant to past applications.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

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Section 138.05 Payment.

(a) General. Once the Chief Administrator approves an application for funding pursuant to this Part, he or she shall authorize a disbursement of funds in any amount up to the amount sought in the application and shall specify the purpose or purposes to which such funds may be applied; provided, however, he or she shall not approve a disbursement of funds exceeding $20,000, unless the application is a joint application in which event he or she shall not approve a disbursement of funds exceeding the product of the number of joint applicants and $20,000. Any disbursement of funds hereunder shall at all times be subject to the availability of appropriations.

(b) How made. A disbursement of funds pursuant to subdivision (a) of this section may be by advance payment to the applicant (or joint applicants, as appropriate) before it incurs a cost or costs for which funding has been authorized, by reimbursement to the applicant after it incurs and pays such cost or costs in the first instance, or by some combination thereof, as the Chief Administrator may determine to be appropriate. Unless the Chief Administrator shall otherwise provide, funds disbursed hereunder shall be spent within 180 days of the applicant's receipt thereof.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

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Section 138.06 Program evaluation.

(a) The Chief Administrator may require each town and village for which an application for funding pursuant to this Part has been approved to file such reports as may be necessary to enable him or her to monitor the operation and success of the Justice Court Assistance Program.

(b) The State Comptroller, the Chief Administrator and their authorized representatives shall have the power to inspect, examine and audit the fiscal affairs of each town and village for which an application for funding pursuant to this Part has been approved to the extent necessary to determine whether the funding received has been used for the purpose or purposes specified by the Chief Administrator in approving the application, and whether there has been compliance with these rules and regulations and the provisions of article 21-B of the Judiciary Law.

(c) The Chief Administrator may halt the disbursement of funds pursuant to this Part or confiscate any property purchased with funds disbursed hereunder at any time he or she determines that the recipient(s) of such funds or the holders of such property are not using them in an authorized manner, or that any of these rules and regulations or the provisions of article 21-B are being violated.

Historical Note
Sec. filed Oct. 13, 1999 eff. Oct. 7, 1999.

June 14, 2007