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


Rules of the Chief Judge


PART 01: Standards & Administrative Policies - General
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1.0 Preamble
1.1 Chief Judge & Chief Admin; exercise of admin. powers & duties
1.2 Chief Administrator of the Courts; compensation
1.3 Existing rules
Section 1.0 Preamble.

The purpose of these standards and policies is to assign and regulate administrative authority in a complex, multi-tiered court system. The Constitution now vests in a Chief Administrator of the Courts, on behalf of the Chief Judge, responsibility for supervising the administration and operation of our courts. Heretofore this has been the constitutional responsibility of the Appellate Divisions of the Supreme Court and the Administrative Board of the Judicial Conference. These standards and policies reflect the judgment of the Chief Judge and of the Court of Appeals that sound management of our court system requires that the Appellate Divisions, through their presiding justices, have a significant consultative role in management decisions which affect the trial courts in each of the diverse areas of our State. This participation of the Appellate Divisions in court administration is consistent with our judicial tradition and is important to the intelligent and effective exercise of the Chief Administrator's constitutional functions and responsibilities.

Paramount, however, is the constitutional mandate for a unified administration of the courts, within the framework of which the consultative role of the Appellate Divisions may appropriately function. The Chief Administrator should also consult with the trial judges, the bar, and the public, either directly or through deputies, local administrative judges, and advisory committees.

Historical Note
Sec. filed Sept. 6, 1974; amds. filed: June 2, 1978; May 21, 1979; Feb. 6, 1981; renum. 102.0, new filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 1.1 Chief Judge & Chief Administrator; exercise of administrative powers & duties.

(a) Establishment of the regular hours, terms and parts of court, other than temporary hours, terms and parts, and assignments of judges and justices to them, other than temporary assignments, shall be done in consultation and agreement with the presiding justices of the appropriate Appellate Divisions on behalf of their respective courts; provided that if the Chief Administrator and a presiding justice are unable to agree, the matter shall be determined by the Chief Judge. Retired judges or justices certificated pursuant to article VI, section 25 of the Constitution shall be subject to assignment by the Appellate Divisions pursuant to that section, in consultation with the Chief Administrator.

(b) Appointments of nonjudicial officers and employees of trial courts shall be made upon nomination of the appropriate administrative judge, supervising judge or judge of the court in which the position is to be filled, or other administrator designated by the Chief Administrator. Judges and justices having personal assistants who serve as law clerks (law secretaries) and secretaries may continue to appoint and remove them, subject to standards and administrative policies established, approved and promulgated pursuant to article VI, section 28(c) of the Constitution, and to the final determination of budgets pursuant to article VI, section 29.

(c) Designation of the places where appellate terms shall be held, pursuant to article VI, section 8(a) of the Constitution, shall be made in consultation with the presiding justices of the appropriate Appellate Divisions.

(d) Adoption of administrative rules for the efficient and orderly transaction of business in the trial courts, including but not limited to calendar practice, shall be done in consultation with the Administrative Board of the Courts or the appropriate Appellate Divisions.

(e) If the Chief Judge designates deputy chief administrators and administrative judges, he shall do so in consultation with the presiding justices of the appropriate Appellate Divisions on behalf of their respective courts. If the Chief Administrator of the Courts designates deputy chief administrators and administrative judges pursuant to delegated authority, the designations shall be made in consultation with the presiding justices of the appropriate Appellate Divisions on behalf of their respective courts, and shall require the approval of the Chief Judge.

(f) Designation of the presiding justice and associate justices of an Appellate Term shall require the approval of the presiding justice of the appropriate Appellate Division.

Historical Note
Sec. renum. 2.1, new filed Sept. 6, 1974; amds. filed: Sept. 6, 1974; June 2, 1978; July 10, 1978; May 21, 1979; renum. 102.1, new added by renum. 445.1

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Section 1.2 Chief Administrator of the Courts; compensation.

The salary of the Chief Administrator shall be fixed by the Chief Judge within the amount available by appropriation. He shall also be entitled to reimbursement for expenses actually and necessarily incurred by him in the performance of his duties. If a judge is appointed, he shall receive his judicial salary and such additional compensation as may be available by appropriation, and his actual and necessary expenses.

Historical Note
Sec. renum. 2.2, new filed Sept. 6, 1974; amds. filed: June 2, 1978; May 21, 1979; Oct. 21, 1980; Feb. 6, 1981; renum. 102.2, new added by renum. 445.2, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 1.3 Existing rules.

Before amending or repealing an administrative rule of an Appellate Division for the efficient and orderly transaction of business in the trial courts, including but not limited to calendar practice, that was in effect on March 31, 1978, the Chief Judge or Chief Administrator shall consult with that Appellate Division.

Historical Note
Sec. filed Sept. 6, 1974; amds. filed: June 2, 1978; May 21, 1979; renum. 102.3, new added by renum. 445.3, filed Feb. 2, 1982 eff. Jan. 1, 1982.