New York State - Judiciary - JUD - Article 2

ARTICLE 2 GENERAL PROVISIONS RELATING TO COURTS AND JUDGES
Section 2. Courts of record.
2-a. Jurisdiction and powers of courts continued.
2-b. General powers of courts of record.
3. Use of term "court" prohibited.
4. Sittings of courts to be public.
4-a. Certain powers of the courts regarding civil arrests.
5. Courts not to sit on Sunday except in special cases nor on Saturday in certain cases.
6. Adjournment of term of court of record to future day.
7. Adjournment of term on non-appearance of judge.
7-a. Vacancies or changes in judges; power of judge out of office.
7-b. Continuance of out of court proceedings before judges of same court.
7-c. Continuance of special proceeding before another officer.
8. Emergency relocations of court terms.
9. Recusal; reason.
10. Courtroom designated the "Judge James F. Reitz Memorial Courtroom".
13. Court or judge may direct the filing of original stenographic minutes with clerk.
13-a. Power to remove certain officers and to appoint successors.
13-b. Oath of referee, receiver, commissioner or appraiser.
14. Disqualification of judge by reason of interest or consanguinity.
15. Judge of court of record not disqualified because a resident or a taxpayer.
16. Judge prohibited from practicing law in his court.
17. Judge prohibited from practicing in cause which has been before him.
18. Judge prohibited from taking fees for advice in matters before him.
19. Judge must not be interested in costs.
20. Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court.
21. Judge other than of court of appeals or appellate division not to decide question argued during his absence.
22. Certificates as to year of birth to be filed by certain judicial officers.
23. Age limitation on term of judicial office.
24. Compensation of judges after removal.
25. Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f) of section one hundred ten of the New York city civil court act for disability.
25-a. Retirement of judicial officers.
27. (No section heading)
28. Amendment of minutes of stenographer.
29. Seal of court of record.
30. Lost or destroyed seal must be replaced.
30-a. Seal of Kings county and of the county clerk, the supreme court and the county court in said county.
30-b. Seal of New York county and of the county clerk and the supreme court.
30-c. Seal of Franklin county and of the county clerk and the supreme court.
30-d. Seal of Albany county and of the county clerk and the supreme court.
30-e. Seal of Livingston county and of the county clerk and the supreme court.
30-f. Seal of Cortland county and of the county clerk, the supreme court and the county court in said county.
31. Seals and records of former superior city courts.
33. Expense of certain criminal prosecutions to be borne by the state.
34. Apportionment of expenses related to salaries or compensation paid by the state in the first instance.
35. Assignment of counsel to indigent persons and appointment of physicians in certain proceedings.
35-a. Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts to perform services in actions and proceedings.
35-b. Assignment of counsel and related services in criminal actions in which a death sentence may be imposed.
36. Personal assistants to judges and justices.
37. Salary plan for non-judicial employees.
39. Unified court budget; first instance payments by state; provision for prepayment; payment by localities; transfer of non-judicial personnel.
39-a. Mediation.
39-b. Special provisions relating to court facilities.
§ 2. Courts of record. Each of the following courts of the state is a court of record:
1. The court for the trial of impeachments.
2. A court on the judiciary.
3. The court of appeals.
4. The appellate division of the supreme court in each department.
5. The supreme court.
6. The court of claims.
7. A county court in each county, except the counties of New York, Bronx, Kings, Queens and Richmond.
8. The family court.
9. A surrogate's court in each county.
10. Each city court outside the city of New York.
11. The district court in each county or portion thereof in which such court shall be established.
12. The civil court of the city of New York and the criminal court of the city of New York.
All courts other than those specified in this section are courts not of record.
§ 2-a. Jurisdiction and powers of courts continued. Each court of the state shall continue to exercise the jurisdiction and powers now vested in it by law, according to the course and practice of the court, except as otherwise prescribed by statute or rules adopted in conformance thereto.
§ 2-b. General powers of courts of record. A court of record has power
1. to issue a subpoena requiring the attendance of a person found in the state to testify in a cause pending in that court, subject, however, to the limitations prescribed by law with respect to the portion of the state in which the process of the local court of record may be served;
2. to administer an oath to a witness in the exercise of the powers and duties of the court and;
3. to devise and make new process and forms of proceedings, necessary to carry into effect the powers and jurisdiction possessed by it.
§ 3. Use of term "court" prohibited. No person, firm, association or corporation shall hereafter use or employ the term "court" as part of or in connection with the name of any body, board, bureau, association, organization or corporation, or in referring to any body, board, bureau, association, organization or corporation, in such manner as to be calculated reasonably to lead to the belief that the body, board, bureau, association, organization or corporation is vested with judicial power or is a part of the judicial system of the state; the use of such term being expressly limited by this section for reference to a court of record or a court not of record, duly organized and existing under the laws of the state as a part of the judicial system of the state.
Any violation of this section shall be a misdemeanor.
§ 4. Sittings of courts to be public. The sittings of every court within this state shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for divorce, seduction, rape, assault with intent to commit rape, criminal sexual act, bastardy or filiation, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses, and officers of the court.
§ 4-a. Certain powers of the courts regarding civil arrests. In order to maintain access to the court and open judicial proceedings for all persons in their individual capacity and to prevent interference with the needs of judicial administration, a court has the power to issue appropriate judicial orders to protect the privilege from civil arrest, in accordance with article three of the civil rights law.
§ 5. Courts not to sit on Sunday except in special cases nor on Saturday in certain cases. A court shall not be opened, or transact any business on Sunday, nor shall a court transact any business on a Saturday in any case where such day is kept as a holy day by any party to the case, except to receive a verdict or discharge a jury and for the receipt by the criminal court of the city of New York or a court of special sessions of a plea of guilty and the pronouncement of sentence thereon in any case in which such court has jurisdiction. An adjournment of a court on Saturday, unless made after a cause has been committed to a jury, must be to some other day than Sunday. But this section does not prevent the exercise of the jurisdiction of a magistrate, where it is necessary to preserve the peace, or, in a criminal case, to arrest, commit or discharge a person charged with an offense, or the granting of an injunction order by a justice of the supreme court when in his judgment it is necessary to prevent irremediable injury or the service of a summons with or without a complaint if accompanied by an injunction order and an order of such justice permitting service on that day. Furthermore, no provision of this section shall be deemed to prohibit or prevent the conducting on Saturday and/or Sunday of any arbitration or mediation proceeding, provided all parties and the tribunal consent to such proceeding in writing. A writing purporting to provide consent of any party that is not prepared by the party shall only be sufficient to establish consent upon a finding by the tribunal by clear and convincing evidence, that such party has affirmatively consented to such proceedings on a Saturday or Sunday as the case may be; such finding to be made part of the record of any further proceedings.
§ 6. Adjournment of term of court of record to future day. Any term of a court of record may be adjourned from day to day, or to a specified future day, by an entry in the minutes. Any judge of the court may so adjourn a term thereof, in the absence of a sufficient number of judges to hold the term.
§ 7. Adjournment of term on non-appearance of judge. If a judge, authorized to hold a term of a court, does not come to the place where the term is appointed to be held, or to which it shall have been adjourned by the judge, before four o'clock in the afternoon of the day so appointed or of such adjourned day, the sheriff or clerk must then open the term, and forthwith adjourn it, or again adjourn it, as the case may be, to nine o'clock in the morning of the next day. If the judge attends by four o'clock in the afternoon of the second day of the term as appointed or as adjourned by such judge, he must open the term; otherwise the sheriff or the clerk must adjourn it without day. If, before four o'clock of the second day of the term as appointed or as adjourned by the judge, the sheriff or the clerk receives from a judge, authorized to hold the term, a written direction to adjourn the term to a future day certain, he must adjourn it accordingly, instead of adjourning it as above prescribed. The direction must be entered in the minutes as an order.
§ 7-a. Vacancies or changes in judges; power of judge out of office. A civil or criminal action or special proceeding in a court of record is not discontinued by a vacancy or change in the judges of the court or by the re-election or re-appointment of a judge, but it must be continued, heard and determined by the court as constituted at the time of the hearing or determination. After a judge is out of office, he may settle a transcript or statement for a record on appeal or make any return of proceedings had before him while he was in office, and may be compelled so to do by the court in which the action or special proceeding is pending.
§ 7-b. Continuance of out of court proceedings before judges of same court. At any stage of a special proceeding instituted before a judge of a court of record out of court, or a proceeding commenced before a judge out of court in an action or special proceeding pending in a court of record, such proceeding or special proceeding may be continued before any other judge of the same court, who may exercise all powers in the matter as if it had been originally instituted before him.
§ 7-c. Continuance of special proceeding before another officer. In case of the death, sickness, resignation, removal from office, absence from the county, or other disability of an officer before whom or in whose court a special proceeding has been instituted, where no express provision is made by law for the continuance thereof, it may be continued before or in the court of
1. the officer's successor, or
2. if there is no successor capable of acting, any other officer residing in the same county before whom it might have been originally instituted, or
3. if there is neither a successor nor an officer specified in paragraph two capable of acting, an officer in an adjoining county who would originally have had jurisdiction of the subject matter had it occurred or existed in the latter county. An officer substituted, as prescribed by law, to continue a special proceeding instituted before another, may exercise all powers in the special proceeding, as if it had been originally instituted before him.
§ 8. Emergency relocations of court terms. 1. Notwithstanding any other provision of law, if an emergency or other exigent circumstance or the imminent threat thereof prevents the safe and practicable holding of a term of any court at the location designated by law therefor, then:
a. the governor, after consultation with the chief judge or his or her designee if practicable, may by executive order appoint another location for the temporary holding of such term if it is a term of a trial court; or
b. where the governor has not acted pursuant to paragraph a of this subdivision, or if it is a term of a court other than a trial court, the chief judge or his or her designee (or the presiding justice of an appellate division or his or her designee if it is a term of such appellate division or of an appellate term established in the judicial department served by such appellate division) may by order appoint another location for the temporary holding of such term; except that, where the court is a trial court, nothing in this paragraph shall prevent the issuance of a superseding order pursuant to paragraph a of this subdivision.
2. To the extent practicable, an order pursuant to subdivision one of this section:
a. shall designate the most proximate location in which such term of court safely and practicably can be held, without limitation based on the judicial department, judicial district, county, city, town, village or other geographical district for which such court was established;
b. shall be made in conformance with state and local disaster preparedness plans governing the continued effective operation of the civil and criminal justice systems pursuant to sections twenty-two and twenty-three of the executive law; and
c. for a trial court other than the court of claims, shall be made after consultation with the chief executive officer of the county, city, town or village for which such court was established and the chief executive officer of the corresponding county, city, town or village to which the term of such court temporarily would be relocated, or their designees.
3. An order pursuant to subdivision one of this section shall be effective for no more than thirty days and may be reauthorized for successive periods of no more than thirty days each in like fashion as an original order. As soon as practicable, such order shall be filed with the office of court administration and the office of the clerk of each county affected thereby, and shall be publicized by the best means practicable and for such duration as such order shall provide.
4. Every term of court subject to an order pursuant to subdivision one of this section shall, for the duration of such order, continue to preside for the original judicial department, judicial district, county, city, town, village or other geographical district for which such court was established, and every action and proceeding in such term shall be subject to the same substantive and procedural law as would have applied had such term not been temporarily relocated.
5. Notwithstanding any other provision of section thirty-nine of this article, if an order pursuant to subdivision one of this section shall temporarily relocate a term of court outside the county, city, town or village for which such court was established, then the costs of temporarily providing facilities suitable and sufficient for the transaction of business of such court outside such county, city, town or village shall be charges upon the office of court administration.
§ 9. Recusal; reason. Any judge who recuses himself or herself from sitting in or taking any part in the decision of an action, claim, matter, motion or proceeding shall provide the reason for such recusal in writing or on the record; provided, however, that no judge shall be required to provide a reason for such recusal when the reason may result in embarrassment, or is of a personal nature, affecting the judge or a person related to the judge within the sixth degree by consanguinity or affinity.
§ 10. Courtroom designated the "Judge James F. Reitz Memorial Courtroom". Room three hundred one of the Putnam supreme and county court shall be designated and known as the "Judge James F. Reitz Memorial Courtroom".
§ 13. Court or judge may direct the filing of original stenographic minutes with clerk. The court or a judge thereof may, in its or his discretion, upon or without an application for that purpose make an order directing the stenographer to file with the clerk, forthwith or within a specified time, the original stenographic notes taken upon a trial or hearing.
§ 13-a. Power to remove certain officers and to appoint successors. A referee, receiver, commissioner or appraiser appointed by a court or judge may be removed by the same court or judge. In case of the death, resignation, removal, or neglect or refusal to serve of any such officer, another person may be appointed in his stead.
§ 13-b. Oath of referee, receiver, commissioner or appraiser. A referee, receiver, commissioner or appraiser appointed by a court or judge, before entering upon his duties, shall be sworn faithfully and fairly to discharge the trust committed to him. The oath may be waived upon consent of all parties.
§ 14. Disqualification of judge by reason of interest or consanguinity. A judge shall not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested, or if he is related by consanguinity or affinity to any party to the controversy within the sixth degree. The degree shall be ascertained by ascending from the judge to the common ancestor, descending to the party, counting a degree for each person in both lines, including the judge and party, and excluding the common ancestor. But no judge of a court of record shall be disqualified in any action, claim, matter, motion or proceeding in which an insurance company is a party or is interested by reason of his being a policy holder therein. No judge shall be deemed disqualified from passing upon any litigation before him because of his ownership of shares of stock or other securities of a corporate litigant, provided that the parties, by their attorneys, in writing, or in open court upon the record, waive any claim as to disqualification of the judge.
§ 15. Judge of court of record not disqualified because a resident or a taxpayer. A judge of a court of record is not disqualified from hearing or deciding an action, claim, matter, motion or proceeding, by reason of his being a resident or taxpayer of a town, village, city, or county, interested therein.
§ 16. Judge prohibited from practicing law in his court. A judge shall not practice or act as an attorney or counsellor in a court of which he is, or is entitled to act as a member, or in an action, claim, matter, motion or proceeding originating in that court.
§ 17. Judge prohibited from practicing in cause which has been before him. A judge or surrogate or former judge or surrogate shall not act as attorney or counsellor in any action, claim, matter, motion or proceeding, which has been before him in his official character.
§ 18. Judge prohibited from taking fees for advice in matters before him. A judge or other judicial officer shall not demand or receive a fee or other compensation for giving his advice in an action, claim, matter, motion or proceeding pending before him, or which he has reason to believe will be brought before him for decision; or for preparing a paper or other proceeding, relating to such action, claim, matter, motion or proceeding; except a justice of the peace, in a case where a fee is expressly allowed to him by law.
§ 19. Judge must not be interested in costs. A judge shall not, directly or indirectly, be interested in the costs of an action, claim, matter, motion or proceeding, brought before him, or in a court of which he is, or is entitled to act as a member, except an action, claim, matter, motion or proceeding to which he is a party, or in which he is interested.
§ 20. Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court. An ex officio judge shall not, directly or indirectly, be interested in the costs, or the compensation of an attorney or counsellor, in the court of which he is ex officio a judge.
§ 21. Judge other than of court of appeals or appellate division not to decide question argued during his absence. A judge other than a judge of the court of appeals, or of the appellate division of the supreme court, shall not decide or take part in the decision of a question, which was argued orally in the court, when he was not present and sitting therein as a judge.
§ 22. Certificates as to year of birth to be filed by certain judicial officers. Every judge, justice and surrogate of a court of record or not of record, except a town justice or a village justice must, within ten days after he enters on the duties of his office, execute and file in the office of court administration a certificate stating the year in which he was born and the time when his official term will expire either by completion of a full term or by reason of the disability of age prescribed in section twenty-three of this chapter. Every such judge, justice and surrogate now holding office, unless he has already so complied, shall similarly execute and file such certificate within sixty days after this section as hereby amended takes effect.
§ 23. Age limitation on term of judicial office. No person shall hold the office of judge, justice or surrogate of any court, whether of record or not of record, except a justice of the peace of a town or police justice of a village, longer than until and including the last day of December next after he shall be seventy years of age, except that a judge or justice in office or elected or appointed to office at the effective date of this section, as to whom no provision limiting his right to hold office to the close of the year following his attaining the age of seventy years was applicable prior to the effective date of this section, may continue in office during the term for which he was elected or appointed.
§ 24. Compensation of judges after removal. Any judge or justice of any court who shall be removed pursuant to section nine of article six of the constitution, for any cause not involving moral delinquency, shall continue to receive, until the expiration of the term for which he was elected, or until the time fixed by this section, a sum equal to one-half of the salary of his office as fixed by law at the time of such removal, to be paid to him at the same times and in the same manner as said salary was payable when he was so removed. If said sum would exceed three thousand dollars no greater sum shall be annually paid said judge or justice than three thousand dollars. The payment of any sum pursuant to the provisions of this section shall cease at the death of such judge or justice or on the last day of December next after he shall be seventy years of age, notwithstanding the term for which he was elected shall not then have expired. No person shall be entitled to the benefit of this section unless the resolution of removal shall state that he is removed for a cause not involving moral delinquency, and shall recommend the continuance of such compensation.
§ 25. Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f) of section one hundred ten of the New York city civil court act for disability. 1. A state-paid full-time judge or justice of the unified court system or housing judge appointed pursuant to subdivision (f) of section one hundred ten of the New York city civil court act may apply for the special disability allowance provided for in this section by filing with the appellate division of the supreme court in which he resides (a) his petition, duly verified, stating that for reasons specified he is incapacitated to perform the duties of his office; and (b) his resignation. If the appellate division shall determine that such judge or justice is incapacitated, it may make and enter an order retiring such judge or justice from office. Upon the filing in the office of court administration of a certified copy of such order and such resignation, the office of such judge or justice shall be vacant.
2. Such a judge or justice so retired from office shall, if eligible, apply for retirement and shall retire from the retirement system or systems of which he is a member. All such retirements shall be in accordance with and take effect pursuant to law governing such system or systems.
3. Any such judge or justice shall receive from the unit or units of government responsible for the payment of his salary a special disability allowance, which together with his pension or pensions, if any, from such retirement system or systems, computed without optional modification, shall equal two-thirds of the annual salary which such judge or justice was receiving at the time of his retirement from office; provided, however, that in no event shall the special disability allowance exceed an amount which together with his retirement allowance or allowances computed without optional modification will equal such annual salary.
The cost of providing the special disability allowance shall be apportioned among the units of government in the same ratio as such units contributed to the total annual salary he was receiving at the time of his retirement.
4. In the case of a judge or justice ineligible to retire, the special disability allowance shall begin to accrue on the date of filing of the certified copy of the order together with his resignation in the office of court administration. In the case of a judge or justice eligible to retire, the special disability allowance or appropriate portion thereof shall begin to accrue on the same date as his retirement from the retirement system of which he is a member becomes effective, or the filing of the certified copy of the order together with his resignation, whichever shall last occur.
5. The special disability allowance provided for in subdivision three shall be payable on the first day of each month to each such judge or justice until the expiration of the term for which he had been elected or appointed or the last day of December next after he shall be seventy years of age or his death, whichever shall first occur.
6. The special disability allowance provided for in this section shall not reduce or suspend any retirement allowance of any such judge or justice, notwithstanding any other provision of law.
§ 25-a. Retirement of judicial officers. 1. A judicial officer retired from office for disability shall, if eligible, apply for retirement and shall retire from the retirement system or systems of which he is a member. All such retirements shall be in accordance with and take effect pursuant to law governing such system or systems.
2. Any such judicial officer shall receive from the unit or units of government responsible for the payment of his salary a special disability allowance, which together with his pension or pensions, if any, from such retirement system or systems, computed without optional modification, shall equal two-thirds of the annual salary which such judicial officer was receiving at the time of his retirement from office; provided, however, that in no event shall the special disability allowance exceed an amount which together with his retirement allowance or allowances computed without optional modification will equal such annual salary.
In the case of a justice of the supreme court, the cost of providing the special disability allowance shall be apportioned among the units of government in the same ratio as such units contributed to the total annual salary he was receiving at the time of his retirement from office.
3. The special disability allowance or appropriate portion thereof shall begin to accrue on the same date that his retirement from the retirement system of which he is a member becomes effective. In the case of a judicial officer ineligible to retire, the special disability allowance shall begin to accrue on the date of the entry of the order by the court of appeals.
4. The special disability allowance provided for in subdivision two shall be payable to each such judicial officer on the first day of each month until the expiration of the term for which he had been elected or appointed or the last day of December next after he shall be seventy years of age or his death, whichever shall first occur.
5. The special disability allowance provided for in this section shall not reduce or suspend any retirement allowance of any such judicial officer, notwithstanding any other provision of law.
§ 27. (a) Except as provided in subdivision (b) of this section, judgments and accounts must be computed in dollars and cents. In all judgments or decrees rendered by any court for any debt, damages or costs, in all executions issued thereupon, and in all accounts arising from proceedings in courts the amount shall be computed, as near as may be, in dollars and cents, rejecting lesser fractions; and no judgment, or other proceeding, shall be considered erroneous for such omissions.
(b) In any case in which the cause of action is based upon an obligation denominated in a currency other than currency of the United States, a court shall render or enter a judgment or decree in the foreign currency of the underlying obligation. Such judgment or decree shall be converted into currency of the United States at the rate of exchange prevailing on the date of entry of the judgment or decree.
§ 28. Amendment of minutes of stenographer. After any ruling, decision, remark or comment of a judge during a trial, duly objected to or excepted to, has been made, the same shall not be altered or amended in the minutes of such trial, furnished by the stenographer, by the judge presiding at the trial without the consent of the party objecting or excepting thereto whether the same is made during the charge of the court to the jury or at any other time during the trial.
§ 29. Seal of court of record. The seal of each court of record in the state, now in use, shall continue to be the seal of the court in which it is in use. A description of each of such seals, must be deposited and recorded in the office of court administration, unless it has already been done; and must remain of record.
The provisions of this section shall not be applicable in those cases where special provisions are otherwise made by law.
§ 30. Lost or destroyed seal must be replaced. When the seal of a court is so injured, that it can not be conveniently used, the court must cause it to be destroyed; and when the seal of a court is lost or destroyed, the court must cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the court. The expense of a new seal for a county clerk, or a local court in a city, must be paid as part of the contingent expenses of the county or of the court, as the case requires. The expense of a new seal for any other court, except a surrogate's court, must be paid from the state treasury.
The provisions of this section shall not be applicable in those cases where special provisions are otherwise made by law.
§ 30-a. Seal of Kings county and of the county clerk, the supreme court and the county court in said county. 1. The county of Kings, the county clerk of said county and the supreme court and the county court therein, shall have and use the following seal:
Description of seal
The seal shall be approximately two and one-quarter inches in diameter and shall consist of two concentric circles. The space between the outer and inner circles shall be colored azure blue. In the upper part of said space shall be inscribed in capital letters the words: "SEAL OF KINGS COUNTY," and in the lower part the words: "NEW YORK."
The interior of the inner circle shall have a white or plain background. Upon such background shall be superimposed a relief map of Kings county. The map shall be of orange color. It shall be subdivided by naming and delineating thereon the boundaries of the six original colonial towns which now comprise the county of Kings and by specifying thereon the date of settlement or legal establishment of each of such towns, namely: town of Flatlands, 1636; town of Gravesend, 1645; town of Brooklyn, 1646; town of Flatbush, 1652; town of New Utrecht, 1657; and town of Bushwick, 1660.
Above said map, inside the inner circle, shall be inscribed in capital letters the Dutch maxim: "EENDRAGHT MAAKT MAGT." The literal English translation of this maxim is: "Unity makes might." The meaning of this maxim is: "In union there is strength." The maxim was originally adopted by Peter Stuyvesant, the governor from sixteen hundred forty-six to sixteen hundred sixty-four of the New Netherlands in America. It also was inscribed upon the first flag of the city of Brooklyn.
Below said map, inside the inner circle, shall be inscribed in capital letters the words: "THE SIX ORIGINAL TOWNS."
The orange color of the map is intended to symbolize the "House of Orange" and to memorialize the Dutch who governed the New Netherlands (which included the said six original colonial towns) until sixteen hundred sixty-four, when they were occupied by the British.
Pictograph of seal
The following is an enlarged pictograph of said seal (the blue and orange coloring being omitted):
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3 COPY OF Pictograph of seal |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
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2. The county clerk of Kings county shall cause the design of said seal (in black and white, the orange and blue colors being omitted) to be engraved upon metal. From time to time he shall obtain and make available, and keep in good order and repair as many of such engraved metal seals as may be necessary for the proper performance of the duties of his office and of the duties of the clerks and officers in the supreme court and county court authorized to use said seal. All the expense incurred by the county clerk incident to said seal shall be a county charge against the county of Kings.
3. Such seal shall be used and affixed only: (a) by the county clerk of Kings county or by any deputy or clerk duly authorized by him; and (b) by any justice of the supreme court resident in Kings county or by any judge of the county court in said county, or by any clerk or officer duly authorized by said justice or judge.
4. The use of said seal or of any replica or simulation thereof, in form or substance, by any unauthorized person or for any wrongful purpose, is prohibited. Any violation of this prohibition shall be deemed to be a misdemeanor and punishable as such.
§ 30-b. Seal of New York county and of the county clerk and the supreme court. 1. The county of New York, the county clerk of said county and the supreme court therein, shall have and use the following seal:
Description of Seal
The seal shall be approximately two and one-quarter inches in diameter and shall consist of two concentric circles. The upper part of the space between such circles shall be inscribed with the words, in capital letters, "COUNTY OF NEW YORK," and in the lower part shall be inscribed "NOVEMBER 1, 1683," and such seal, further, shall bear the following:
Arms: Upon a shield, saltire wise, the sails of a windmill. Between the sails, in chief a beaver, in base a beaver, and on each flank a flour barrel.
Supporters: Dexter, a sailor, his right arm bent, and holding in his right hand a plummet; his left arm bent, his left hand resting on the top of the shield; above his right shoulder a cross-staff. Sinister, an Indian of Manhattan, his right arm bent, his right hand resting on top of the shield, his left hand holding the upper end of a bow, the lower end of which rests on the ground. Shield and supporters resting upon a horizontal laurel branch.
Date: Beneath the horizontal laurel branch the date 1664, being the year of the capture of New Amsterdam by the English and the first use of the name of the city of New York.
Crest: Upon a hemisphere, an American eagle with wings displayed.
Legend: Upon a ribbon encircling the lower half of the design the words "Sigillum Civitatis Novi Eboraci".
Pictograph of Seal The following is an enlarged pictograph of said seal:
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2 |
3 COPY OF Pictograph of Seal |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
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2. The county clerk of New York county shall cause the design of said seal (in black and white) to be engraved upon metal. From time to time he shall obtain and make available, and keep in good order and repair as many of such engraved metal seals as may be necessary for the proper performance of the duties of his office and of the duties of the clerks and officers in the supreme court authorized to use said seal. All the expense incurred by the county clerk incident to said seal shall be a county charge against the county of New York.
3. Such seal shall be used and affixed only: (a) by the county clerk of New York county or by any deputy or clerk duly authorized by him; and (b) by any justice of the supreme court resident in New York county, or by any clerk or officer duly authorized by said justice.
4. The use of said seal or of any replica or simulation thereof, in form or substance, by any unauthorized person or for any wrongful purpose, is prohibited. Any violation of this prohibition shall be deemed to be a misdemeanor and punishable as such.
§ 30-c. Seal of Franklin county and of the county clerk and the supreme court. 1. The county of Franklin, the county clerk of said county and the supreme court therein, shall have and use the following seal:
Description of Seal
The Seal shall be approximately 2 1/4 inches in diameter and shall consist of two concentric circles; the inner circle to be divided into four parts; the upper part of the space between such circles shall be inscribed with the words in capital block letters "FRANKLIN COUNTY" in the lower part shall be inscribed in capital block letters the word "SEAL", and such Seal shall further bear the following: a farm scene depicting a barn and silo in the upper left-hand one-quarter; a winter scene of a person skiing in the upper right hand one-quarter; a scene of a woodland stream in the lower right-hand one-quarter and a scene of a deer in the lower left-hand one-quarter. It is intended that the foregoing scenes depict acts found in Franklin county, including farming, skiing, hiking, fishing and hunting.
2. The county clerk of Franklin county shall cause the design of said seal (in black and white) to be engraved upon metal. From time to time he shall obtain and make available, and keep in good order and repair as many of such engraved metal seals as may be necessary for the proper performance of the duties of his office and of the duties of the clerks and officers in the supreme court authorized to use said seal. All the expense incurred by the county clerk incident to said seal shall be a county charge against the county of Franklin.
3. Such seal shall be used and affixed only: (a) by the county clerk of Franklin county or by any deputy or clerk duly authorized by him; and (b) by any justice of the supreme court resident in Franklin county, or by any clerk or officer duly authorized by said justice.
4. The use of said seal or of any replica or simulation thereof, in form or substance, by any unauthorized person or for any wrongful purpose, is prohibited. Any violation of this prohibition shall be deemed to be a misdemeanor and punishable as such.
§ 30-d. Seal of Albany county and of the county clerk and the supreme court. 1. The county of Albany, the county clerk of said county and the supreme court therein, shall have and use the following seal:
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3 COPY OF Seal of Albany county |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
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Description of Seal
The Seal shall consist of two concentric circles; the upper part of the space between such circles shall be inscribed with the words in capital block letters "SEAL OF THE COUNTY OF ALBANY," the lower part shall be inscribed in capital block letters the year "1683", and inside the inner circle such Seal shall bear the following: a depiction in outline form of Henry Hudson's ship "Half Moon," encircled by leaves and berries of a holly plant, joined by ribbon at bottom. Said flora shall represent the county's natural heritage, while said ship shall represent the historic nature of the county as the northernmost point of Hudson's voyage up the great river now bearing his name and defining the county's eastern border. Said year of 1683 represents the year of creation of the County of Albany.
2. The county clerk of Albany county shall cause the design of said seal (in black and white) to be engraved upon metal. From time to time he or she shall obtain and make available, and keep in good order and repair as many of such engraved metal seals as may be necessary for the proper performance of the duties of the office and of the duties of the clerks and officers in the supreme court authorized to use said seal. All the expense incurred by the county clerk incident to said seal shall be a county charge against the county of Albany.
3. Such seal shall be used and affixed only: (a) by the county clerk of Albany county or by any deputy or clerk duly authorized by him; (b) by any justice of the supreme court resident in Albany county, or by any clerk or officer duly authorized by said justice; and (c) the County Executive or other person authorized by law to execute official documents on behalf of the county.
4. The use of said seal or of any replica or simulation thereof, in form or substance, by any unauthorized person or for any wrongful purpose, is prohibited. Any violation of this prohibition shall be deemed to be a misdemeanor and punishable as such.
§ 30-e. Seal of Livingston county and of the county clerk and the supreme court. 1. The county of Livingston, the county clerk of said county and the supreme court therein, shall have and use the following seal: Description of Seal
The Seal shall be approximately 2 1/4 inches in diameter and shall consist of two concentric circles. The space between the outer and inner circles shall have a white or plain background; the upper part of the space between such circles shall be inscribed with the words in capital block letters "LIVINGSTON COUNTY" and in the lower part shall be inscribed with the words in capital block letters "NEW YORK STATE." The interior circle shall have a dark background. Upon such background shall be superimposed a relief map of Livingston county. The map shall have a white or plain background and shall bear a depiction of the cupola of the Livingston county courthouse with the numbers "1821" located below the cupola. The following is an enlarged pictograph of said seal:
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3 COPY OF Seal of Livingston county |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
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2. The county clerk of Livingston county shall cause the design of said seal (in black and white) to be engraved upon metal. From time to time he shall obtain and make available, and keep in good order and repair as many of such engraved metal seals as may be necessary for the proper performance of the duties of his office and of the duties of the clerks and officers in the supreme court authorized to use said seal. All the expense incurred by the county clerk incident to said seal shall be a county charge against the county of Livingston.
3. Such seal shall be used and affixed only:
(a) by the county clerk of Livingston county or by any deputy or clerk duly authorized by him; and
(b) by any justice of the supreme court resident in Livingston county, or by any clerk or officer duly authorized by said justice.
4. The use of said seal or of any replica or simulation thereof, in form or substance, by any unauthorized person or for any wrongful purpose, is prohibited. Any violation of this prohibition shall be deemed to be a misdemeanor and punishable as such.
§ 30-f. Seal of Cortland county and of the county clerk, the supreme court and the county court in said county. 1. The county of Cortland, the county clerk of said county and the supreme court and the county court therein shall have and use the following seal:
Description of Seal
The seal shall be approximately 2 1/4 inches in diameter. The outer border shall consist of inverted scallops with an inner smooth circle border. Along the upper outside of the circle shall be the inscription in capital block lettering "SEAL OF CORTLAND COUNTY, N.Y." Along the lower outside of the circle shall be the inscription in capital block lettering "A.D. 1808." The center shall consist of a shield topped by an eagle and wreath of laurels. The shield shall feature 13 stars in a field of blue, above a red and white striped base. The left side of the seal shall consist of a man with a sheaf of wheat. The right side of the seal shall consist of a man with a hammer and wheel, with a factory behind. Both men shall have hands resting on the center shield. The foreground of the seal, at the base of the shield shall consist of a mound of Cortland apples.
2. The county clerk of Cortland county shall cause the design of said seal (in black and white) to be engraved upon metal. From time to time the county clerk shall obtain and make available, and keep in good order and repair as many of such engraved metal seals as may be necessary for the proper performance of the duties of the office and of the duties of the clerks and officers in the supreme and county courts authorized to use said seal. All the expense incurred by the county clerk incident to said seal shall be a county charge against the county of Cortland.
3. Such seal shall be used and affixed only:
(a) by the county clerk of Cortland county or by any deputy or clerk duly authorized by them;
(b) by any judicial clerk of the supreme or county court resident in Cortland county, duly authorized by said county clerk; and
(c) any county officer or other person authorized by law to execute official documents on behalf of the county.
4. The use of said seal or of any replica or simulation thereof, in form or substance, by any unauthorized person or for any wrongful purpose, is prohibited. Any violation of this prohibition shall be deemed to be a misdemeanor and punishable as such.
§ 31. Seals and records of former superior city courts. The seals, books, files, records, papers and documents of the superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, shall be deposited in the offices of the clerks of the several counties in which said courts have heretofore existed, and shall be kept and preserved by said clerks, separate and apart from the other books, records, papers and documents in their respective offices, and shall be kept in charge of special deputy-clerks, to be designated by said county clerks, so as to be readily accessible for inspection; and the justices of the supreme court, and the said clerks of the said several counties, respectively, shall have the same powers with respect to the said books, files, records, papers and documents as the judges and clerks of said superior court of the city of New York, and the court of common pleas for the city and county of New York, the superior court of Buffalo and the city court of Brooklyn, respectively, had and possessed in reference thereto.
§ 33. Expense of certain criminal prosecutions to be borne by the state. The expenses of an investigation or prosecution in any county of a matter or charge connected with, growing out of or relating to a contract or contracts between the state, or any department, board, commission or officer thereof, and any individual, firm or corporation, if such prosecution or investigation shall have been ordered, directed, or recommended by the governor, the legislature, a joint committee of both houses of the legislature or a committee of either house, shall be borne by the state. Such expenses shall be paid in the first instance by the county, as the expenses of other criminal investigations or prosecutions therein, but the county shall be reimbursed therefor out of moneys appropriated for such purpose. Payments by the state under this section shall be made from the treasury on the audit and warrant of the comptroller to the order of the treasurer of the proper county, upon his certified statement of the items of expenses paid by the county on account of such investigations or prosecutions, accompanied by the written approval of the attorney-general thereon. Such payments may be made at any time during the pendency of any such investigation or prosecution, for expenses accrued and paid by the county to the date of the account, but not oftener than once in three months.
§ 34. Apportionment of expenses related to salaries or compensation paid by the state in the first instance. Whenever in this chapter provision is made for the apportionment among counties of salaries or compensation paid by the state in the first instance, such apportionment shall also include expenses attributable to such salaries or compensation, including but not limited to: contributions to the New York state employees' retirement system, including a proportionate part of the administrative expense thereof; the employer's share of the premium for the coverage of the officers or employees receiving such salaries or compensation under the health insurance plan created by article eleven of the civil service law, and a proportionate share of the expenses of the administration of such plan; and contributions to the social security contribution fund; provided, however, that in the case of any such expenses attributable to the salaries or compensation of justices and official referees of the supreme court, there shall be apportioned among the counties of any judicial district or judicial department only a portion of such expenses bearing the same relation to the total thereof as the amount of such salaries or compensation apportioned among such counties bears to the total of the salaries or compensation payable to such justices and official referees of the supreme court.
The amounts of salaries, compensation and such expenses to be apportioned among the counties of any judicial district or judicial department shall be certified to the department of taxation and finance by the comptroller not later than the first day of July in each year.
§ 35. Assignment of counsel to indigent persons and appointment of physicians in certain proceedings. 1. a. When a court orders a hearing in a proceeding upon a writ of habeas corpus to inquire into the cause of detention of a person in custody in a state institution, or when it orders a hearing in a civil proceeding to commit or transfer a person to or retain him in a state institution when such person is alleged to be mentally ill, mentally defective or a narcotic addict, or when it orders a hearing for the commitment of the guardianship and custody of a child to an authorized agency by reason of the mental illness or developmental disability of a parent, or when it orders a hearing to determine whether consent to the adoption of a child shall be required of a parent who is alleged to be mentally ill or developmentally disabled, or when it orders a hearing to determine the best interests of a child when the parent of the child revokes a consent to the adoption of such child and such revocation is opposed or in any adoption or custody proceeding if it determines that assignment of counsel in such cases is mandated by the constitution of this state or of the United States, the court may assign counsel to represent such person if it is satisfied that he is financially unable to obtain counsel. Upon an appeal taken from an order entered in any such proceeding, the appellate court may assign counsel to represent such person upon the appeal if it is satisfied that he is financially unable to obtain counsel.
b. Upon an appeal in a criminal action or in a proceeding in the family court or surrogate's court wherein the defendant or person entitled to counsel pursuant to the family court act or surrogate's court procedure act, is financially unable to obtain counsel, the court of appeals or the appellate division of the supreme court may assign counsel other than in the manner as is prescribed in section seven hundred twenty-two of the county law only when it is satisfied that special circumstances require such assignment.
2. The chief administrator of the courts may enter into an agreement with a legal aid society for the society to provide assigned counsel in the proceedings specified in subdivision one of this section. The agreement shall be in a form approved by the chief administrator and shall provide a general plan for a program of assigned counsel services to be provided by such society. It shall also provide that the society shall be reimbursed on a cost basis for services rendered.
3. a. No counsel assigned pursuant to this section shall seek or accept any fee for representing the person for whom he or she is assigned without approval of the court as herein provided. Whenever it appears that such person is financially able to obtain counsel or make partial payment for the representation, counsel may report this fact to the court and the court may terminate the assignment or authorize payment, as the interests of justice may dictate, to such counsel. Counsel assigned hereunder shall at the conclusion of the representation receive compensation at a rate of one hundred fifty-eight dollars per hour for time expended in court, and one hundred fifty-eight dollars per hour for time reasonably expended out of court, and shall receive reimbursement for expenses reasonably incurred.
b. For representation upon a hearing, compensation and reimbursement shall be fixed by the court wherein the hearing was held and such compensation shall not exceed ten thousand dollars. For representation in an appellate court, compensation and reimbursement shall be fixed by such court and such compensation shall not exceed ten thousand dollars. In extraordinary circumstances the court may provide for compensation in excess of the foregoing limits.
4. In any proceeding described in paragraph a of subdivision one of this section, when a person is alleged to be mentally ill, mentally defective or a narcotic addict, the court which ordered the hearing may appoint no more than two psychiatrists, certified psychologists or physicians to examine and testify at the hearing upon the condition of such person. A psychiatrist, psychologist or physician so appointed shall, upon completion of their services, receive reimbursement for expenses reasonably incurred and reasonable compensation for such services, to be fixed by the court. Such compensation shall not exceed three thousand dollars, except that in extraordinary circumstances the court may provide for compensation in excess of the foregoing limits.
4-a. In any proceeding under article ten of the mental hygiene law, the court which ordered the hearing may appoint no more than two psychiatrists, certified psychologists or physicians to examine and testify at the hearing upon the condition of such person. A psychiatrist, psychologist or physician so appointed shall, upon completion of his or her services, receive reimbursement for expenses reasonably incurred and reasonable compensation for such services, to be fixed by the court in accordance with subdivision (a) of section 10.15 of the mental hygiene law.
5. All expenses for compensation and reimbursement under this section shall be a state charge to be paid out of funds appropriated to the administrative office for the courts for that purpose. Any rules and orders respecting the assignment and compensation of counsel, and the appointment and compensation of psychiatrists, psychologists or physicians pursuant to this section and the form and manner of processing of a claim submitted pursuant to this section shall be adopted by the chief administrator. Each claim for compensation and reimbursement pursuant to subdivisions three and four of this section shall be submitted for approval to the court which made the assignment or appointment, and shall be on such form as the chief administrator may direct. After such claim is approved by the court, it shall be certified to the comptroller for payment by the state, out of the funds appropriated for that purpose.
6. Assigned counsel and guardians ad litem appointed pursuant to the provisions of title two of article nine-B of the social services law shall be compensated in accordance with the provisions of this section.
7. Whenever the supreme court or a surrogate's court shall appoint counsel in a proceeding over which the family court might have exercised jurisdiction had such action or proceeding been commenced in family court or referred thereto pursuant to law, and under circumstances whereby, if such proceeding were pending in family court, such court would be authorized by section two hundred forty-nine of the family court act to appoint an attorney for the child, such counsel shall be compensated in accordance with the provisions of this section.
8. Whenever supreme court shall exercise jurisdiction over a matter which the family court might have exercised jurisdiction had such action or proceeding been commenced in family court or referred thereto pursuant to law, and under circumstances whereby, if such proceedings were pending in family court, such court would be required by section two hundred sixty-two of the family court act to appoint counsel, supreme court shall also appoint counsel and such counsel shall be compensated in accordance with the provisions of this section.
§ 35-a. Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts to perform services in actions and proceedings. 1. (a) On the first business day of each week any judge or justice who has during the preceding week fixed or approved one or more fees or allowances of more than five hundred dollars for services performed by any person appointed by the court in any capacity, including but not limited to appraiser, special guardian, guardian ad litem, general guardian, referee, counsel, special referee, auctioneer, special examiner, conservator, committee of incompetent or receiver, shall file a statement with the office of court administration on a form to be prescribed by the state administrator. The statement shall show the name and address of the appointee, the county and the title of the court in which the services of the appointee were performed, the court docket index or file number assigned to the action or proceeding, if any, the title of the action or proceeding, the nature of the action or proceeding, the name of the judge or justice who appointed the person, the person or interest which the appointee represented, whether or not the proceeding was contested, the fee fixed or approved by the judge or justice, the gross value of the subject matter of the proceeding, the number of hours spent by the appointee in performing the service, the nature of the services performed and such other information relating to the appointment as the state administrator shall require. The judge or justice shall certify that the fee, commission, allowance or other compensation fixed or approved is a reasonable award for the services rendered by the appointee, or is fixed by statute. If the fee, commission, allowance or other compensation for services performed pursuant to an appointment described in this section is either specified as to amount by statute or fixed by statute as a percentage of the value of the subject matter of the action or proceeding, the judge or justice shall specify the statutory fee, commission or allowance and shall specify the section of the statute authorizing the payment of the fee, commission, allowance or other compensation.
(b) Paragraph (a) shall not apply to any compensation awarded to appointees assigned to represent indigent persons pursuant to Article 18-B of the county law, counsel assigned pursuant to section thirty-five of the judiciary law or counsel appointed pursuant to the family court act.
(c) Any judge or justice who fixes or approves compensation for services performed by persons appointed as referees to examine accounts of incompetents pursuant to section 78.25 of the mental hygiene law shall file, annually, with the office of court administration a statement containing such information regarding such appointments as the state administrator shall require.
2. The office of court administration shall annually submit to the appellate division of the supreme court in each of the judicial departments of the state a report containing a summary of the information contained in the statements filed with it pursuant to this section by the judges and justices sitting in courts in that department during the preceding year. Each appellate division of the supreme court shall keep and file such reports and shall have power to make such rules respecting the supervision of all such court appointees within its judicial department as it may deem necessary.
3. The statements and reports required by this section shall be matters of public record and available for public inspection. Each court may permit the information contained therein to be made available for publication at such times and in such manner as it may deem proper.
§ 35-b. Assignment of counsel and related services in criminal actions in which a death sentence may be imposed. 1. Notwithstanding any other provision of law to the contrary, in every criminal action in which a defendant is charged with murder in the first degree as defined in section 125.27 of the penal law, or in any criminal action in which a defendant is charged with murder in the second degree as defined in section 125.25 of the penal law and the district attorney confirms upon inquiry by the court that the district attorney is undertaking an investigation to determine whether the defendant can or should be charged with murder in the first degree as defined in section 125.27 of the penal law and the court determines that there is a reasonable likelihood the defendant will be so charged, if the defendant is or becomes financially unable to obtain adequate representation or investigative, expert or other reasonably necessary services at any time either (a) prior to judgment, or (b) after the entry of a judgment imposing a sentence of death but before final resolution of a direct appeal pursuant to subdivision one of section 450.70 of the criminal procedure law and of an appeal pursuant to subdivision two or three of section 450.70 of the criminal procedure law from an order denying an initial post judgment motion pursuant to section 440.10 or 440.20 of the criminal procedure law, the defendant shall be entitled to the appointment of counsel and investigative, expert and such other reasonably necessary services in accordance with the provisions of this section. Prior to the appointment of counsel pursuant to this section, the court shall determine whether the defendant is or has become financially unable to obtain adequate representation. In the event such defendant seeks to file any subsequent motion, he or she shall not be eligible for the appointment of counsel pursuant to this section.
2. The appointment of counsel shall be made by the trial court if made prior to the entry of a judgment including a sentence of death or by the court of appeals, except as otherwise provided in this subdivision, if made after the entry of a judgment including a sentence of death. With respect to counsel at trial and at a separate sentencing proceeding, the court shall appoint two attorneys, one to be designated "lead" counsel and the other to be designated "associate" counsel. The appointment of any such counsel shall be made from a list of four proposed teams of qualified lead and associate counsel provided to the appropriate court by the capital defender office. Alternatively, the court may, with the consent of the capital defender office, appoint the office to represent the defendant. At least one of the proposed teams of qualified lead and associate counsel on any list submitted pursuant to this subdivision shall regularly practice within the judicial department in which the defendant has been charged. With respect to a jurisdiction in which the capital defender office has entered into an agreement to provide representation with a legal aid society, office of public defender or other not-for-profit organization providing criminal defense services, the capital defender office may designate the society, public defender or organization for appointment as counsel pursuant to this section and need not submit a list of four proposed teams of qualified lead and associate counsel for appointment. In the event that counsel is not appointed pursuant to the foregoing provisions of this subdivision, the court may appoint any attorney whose name appears on a roster established pursuant to subdivision five of this section for appointment as lead or associate counsel. In the event no such attorney is available, the court may appoint an attorney eligible for appointment pursuant to article eighteen-B of the county law who is competent to represent defendants charged with murder and other serious felonies. With respect to an appeal from a judgment including a sentence of death, the court of appeals shall assign lead counsel only, but for good cause shown, the court may assign associate counsel. With respect to an initial motion pursuant to section 440.10 or 440.20 of the criminal procedure law, and any appeal therefrom, the appropriate court shall assign lead counsel only. The trial court shall assign counsel in connection with such a motion and the court of appeals shall assign counsel in connection with any appeal therefrom.
3. There is hereby created a capital defender office, to be governed by a three member board of directors. No attorney who is employed as a judge, prosecutor or in a law enforcement capacity shall be eligible to serve on such board. The board members shall be appointed in the following manner: one member shall be appointed by the chief judge of the court of appeals, one member shall be appointed by the temporary president of the senate and one member shall be appointed by the speaker of the assembly. Each member shall be appointed to serve a three year term and vacancies shall be filled in the same manner as the original appointment. Members of the board shall receive no compensation but shall be reimbursed all reasonable and necessary expenses incidental to their duties.
4. Within the amounts appropriated therefor:
(a) The board of directors shall have the authority to appoint a capital defender, who shall have the authority in consultation with the board of directors to hire attorneys as deputy capital defenders, investigators and such other staff as the capital defender and the board of directors deem necessary to effectuate the purposes of the capital defender office.
(b) The capital defender office shall be authorized as follows:
(i) Upon appointment in accordance with the provisions of this section, to act as counsel for defendants and to furnish such investigative, expert and other reasonably necessary services as the capital defender deems appropriate;
(ii) To provide legal or other advice or, to the extent not otherwise available, any other assistance to counsel appointed pursuant to this section;
(iii) To provide investigative, expert or other reasonably necessary services to defendants charged with murder in the first degree who are not represented by the capital defender office, provided that such defendants (A) are or have become financially unable to obtain adequate investigative, expert or other reasonably necessary services and are represented by counsel appointed pursuant to this section, and (B) have obtained pursuant to this section the approval of a trial court for the same investigative, expert or other reasonably necessary services, provided, however, that such defendants have not received such services from other sources;
(iv) To determine, in consultation with the administrative board of the judicial conference, proposed minimum standards for lead and associate counsel in capital cases. In determining the minimum standards, the capital defender office in consultation with the administrative board of the judicial conference shall consider among other factors both the needs of the state for an adequate number of attorneys to represent defendants in capital cases and the needs of defendants in capital cases for competent counsel. The minimum standards, and any modifications thereto which the capital defender office in consultation with the administrative board of the judicial conference may from time to time propose, shall be submitted for approval to the court of appeals. Prior to approving the minimum standards and any modifications thereto the court shall invite the submission of written comments from interested parties;
(v) To provide continuing legal education, training, advice and assistance to attorneys representing or seeking to represent defendants in capital cases; and
(vi) To enter into an agreement with a legal aid society, office of public defender or other not-for-profit organization providing criminal defense services to designate and provide counsel pursuant to this section. Any agreement shall require that the society, public defender or organization effectuate the purposes and provisions of this section and may be terminated by the capital defender office by serving notice on the society, public defender or organization sixty days prior to the effective date of termination. Upon the termination of any agreement, the representation provided by the society, public defender or organization shall continue until the proceeding is concluded or the court relieves the society, public defender or organization and appoints successor counsel pursuant to this section. The capital defender office may require such reports as it deems necessary in connection with such agreement and shall monitor compliance with its terms. A society, public defender or organization which enters into an agreement pursuant to this section shall not be the exclusive provider of counsel within such society's, public defender's or organization's jurisdiction. In the event that a defendant is not represented by such a society, public defender or organization due to a conflict, counsel shall be appointed in accordance with the provisions of subdivision two of this section.
5. (a) A screening panel shall be established in each judicial department consisting of four members, two of whom shall be appointed by the board of directors of the capital defender office and two of whom shall be appointed by the presiding justice of each judicial department. Each screening panel shall establish and periodically update a roster of attorneys qualified for appointment as lead counsel or associate counsel pursuant to the provisions of this section. The capital defender office, in consultation with the administrative board of the judicial conference, shall promulgate regulations to provide that qualified attorneys whose names appear on such rosters and who wish to be appointed to represent defendants in capital cases, are given fair opportunity to receive such appointments. Each screening panel shall also promulgate and periodically update, in consultation with the administrative board of the judicial conference, a schedule of fees to be paid attorneys pursuant to this section in each department, which schedule shall be subject to the approval of the court of appeals. Prior to approving fee schedules, the court shall invite the submission of written comments from interested parties. Fee schedules shall be promulgated and approved after reviewing the rates of compensation generally paid in the department to attorneys with substantial experience in the representation of defendants charged with murder or other serious felonies, and shall be adequate to ensure that qualified attorneys are available to represent defendants eligible to receive counsel pursuant to this section.
(b) Each appellate division, in consultation with the screening panel, shall establish the rates of fees and expenses to be paid for expert, investigative and other reasonably necessary services pursuant to this section.
6. (a) When a defendant has been charged in an accusatory instrument with murder in the first degree as defined in section 125.27 of the penal law or with murder in the second degree as defined in section 125.25 of the penal law, the district attorney shall notify the capital defender office.
(b) The clerk of the superior court wherein a judgment that includes a sentence of death has been entered and the clerk of the court of appeals upon an order affirming a judgment that includes a sentence of death shall notify the capital defender office of the judgment or order. Notice need not be given when the defendant has retained counsel of his or her own choosing or when appellate or post-conviction counsel has already been appointed pursuant to this section and when counsel advises that he or she will continue to act on the defendant's behalf.
(c) Notice to the capital defender office required pursuant to paragraph (a) or (b) of this subdivision shall consist of telephone, facsimile, E-mail or other prompt electronic means of notification forthwith, which shall be followed by first class mail notification within two business days of the charge, sentence or affirmance. The failure to give notice shall not affect the validity of any indictment, conviction, judgment or order.
7. Whenever a defendant is charged with murder in the first degree, or a defendant has been charged with murder in the second degree as defined in section 125.25 of the penal law and the court determines after confirmation by the district attorney pursuant to subdivision one of this section that there is a reasonable likelihood the defendant will be charged with murder in the first degree and the defendant is financially unable to obtain counsel as determined by the court and an attorney has not yet been appointed to represent such defendant pursuant to the provisions of this section, the capital defender office may provide or arrange to provide temporary legal representation to the defendant. No arraignment shall be delayed on account of any representation to be provided or arranged pursuant to this subdivision. Any temporary representation provided pursuant to this subdivision shall cease upon the court's appointment of an attorney pursuant to this section.
8. Whenever prior to entry of judgment a defendant is charged with murder in the first degree, or a defendant has been charged with murder in the second degree as defined in section 125.25 of the penal law and the court determines after confirmation by the district attorney pursuant to subdivision one of this section that there is a reasonable likelihood the defendant will be charged with murder in the first degree, and the defendant is or becomes financially unable, as determined by the court, to obtain adequate investigative, expert or other reasonably necessary services and the court has not appointed the capital defender office to represent the defendant, the trial court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment of reasonable fees and expenses therefor; provided, however, that the court shall first find in an ex parte proceeding that such investigative, expert or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentencing. Upon a finding that timely procurement of such services could not practicably await prior authorization, the court may authorize the provision and payment for such services nunc pro tunc. Whenever a court disapproves, in whole or in part, a request for authorization or voucher, the defendant may apply to a justice of an intermediate appellate court for an order approving the request or voucher.
9. Any compensation, fee or expense to be paid pursuant to this section shall be a state charge payable on vouchers approved by the court which fixed the same, after audit by and on the warrant of the comptroller. Each claim for compensation and reimbursement shall be supported by a sworn statement specifying the time expended, services rendered, expenses incurred and reimbursement or compensation applied for or received in the same case from any other source. With respect to compensation to be paid to counsel pursuant to this section, the appropriate court shall review and determine the reasonableness of the number of hours expended out of court.
10. Whenever it appears that a defendant is financially able to obtain adequate representation or investigative, expert or other such services, or to make partial payment for such representation or other services, counsel shall inform the court and the court may terminate the assignment of counsel or authorize payment, as the interests of justice may dictate, to the capital defender office or the state.
11. The provisions of this section shall cease to apply on the tenth day, or such later day as the court may determine to be reasonably necessary to provide for successor counsel if prior counsel is to be relieved, following the entry of either a final judgment or order not subject to further review by an appellate court, or a prosecutorial determination, which necessarily precludes an imposition of a sentence of death, whereupon the provisions of article eighteen-A or article eighteen-B of the county law shall be applicable.
12. Nothing in this section shall be construed to authorize the appointment of counsel, investigative, expert or other services or the provision of assistance, other than continuing legal education, training and advice, with respect to the filing, litigation, or appeal of a petition for a writ of habeas corpus in any federal court; nor shall anything in this section be construed to authorize the appointment of attorneys, investigative, expert or other services in connection with any proceedings other than trials, including separate sentencing proceedings, of defendants charged with murder in the first degree, appeals from judgments including a sentence of death, and initial motions pursuant to section 440.10 or 440.20 of the criminal procedure law and any appeals therefrom.
§ 36. Personal assistants to judges and justices. 1. Notwithstanding any other provisions of law, each justice of the supreme court may appoint and at pleasure remove one law clerk and one secretary, subject to standards and administrative policies promulgated pursuant to section twenty-eight of article six of the constitution.
2. Should a judge or justice of the unified court system cease to hold office for any reason other than expiration of his term, his personal assistants shall continue in office until a successor is appointed or elected to fill such vacancy. Until such vacancy is filled, the chief administrator of the courts shall determine the functions to be performed by such personal assistants.
§ 37. Salary plan for non-judicial employees. 1. Salary schedules for nonjudicial officers and employees allocated to salary grades; promulgation; placement thereon. (a) The chief administrator of the courts shall promulgate salary schedules for state-paid positions in the unified court system, allocated to salary grades, in accordance with law.
(b) This paragraph shall apply to each nonjudicial officer or employee of the unified court system in a position allocated to a salary grade and paid pursuant to a salary schedule, who moves to another position allocated to the same salary grade, provided (i) his or her former position is in a collective negotiating unit established pursuant to article fourteen of the civil service law and his or her new position is in another collective negotiating unit or not in any such unit, or (ii) his or her former position is not in a collective negotiating unit and his or her new position is in such a unit. Each such nonjudicial officer or employee shall receive a basic annual salary upon such movement, to be determined as follows:
(1) Where his or her new position is paid pursuant to the same salary schedule as his or her former position, such nonjudicial officer or employee shall be paid the same basic annual salary in his or her new position as he or she received in his or her former position.
(2) Where his or her new position is paid pursuant to a salary schedule ("new salary schedule"), which is different from the salary schedule pursuant to which he or she was paid in his or her former position ("former salary schedule"), he or she shall be placed on such new salary schedule and paid a basic annual salary on such new salary schedule which shall equal a rate that represents the same proportion of the maximum salary of his or her grade on the new salary schedule, as his or her basic annual salary under the former salary schedule represented of the maximum salary of his or her grade on such former salary schedule.
2. All state-paid positions in the competitive, non-competitive and labor classes in the unified court system shall be allocated to a salary grade by the administrative board of the judicial conference and shall be paid in accordance with this section. In the discretion of the administrative board any or all state-paid exempt class positions may also be so paid, within the appropriation available therefor.
3. Additional increment. Notwithstanding any inconsistent provision of this chapter, when an employee holding a position allocated to a salary grade prescribed in subdivision one of this section has reached, on or after April first, nineteen hundred ninety-nine, a salary equal to or in excess of the maximum salary of the grade of his or her position and thereafter has rendered continuous service in such position, or in a position in the same salary grade, he or she shall be entitled, on the first day of the fiscal year following completion of four years of such service, to an additional increment of the grade to which his or her position is allocated, and following completion of eight years of such service, to a second additional increment of such grade. The salary of such employee shall not be increased, pursuant to the provisions of this subdivision, to an amount in excess of the maximum salary of the grade of his or her position plus one additional increment of such grade or, upon qualifying for such second additional increment, to an amount in excess of the maximum salary of the grade of his or her position plus two additional increments of such grade.
For the purposes of this subdivision: (a) an employee who has reached a salary equal to or in excess of the maximum salary of the grade of his position and whose position, on or after April first, nineteen hundred seventy-two is reallocated to a higher salary grade shall be deemed to have had continuous service at the maximum salary of the grade of his position, notwithstanding the fact that, as a result of such reallocation, he is not receiving the maximum salary of the higher salary grade to which his position is reallocated;
(b) an employee who has not reached the maximum salary of the grade of his position and whose position, on or after April first, nineteen hundred seventy-two is reallocated to a higher salary grade shall be deemed to have reached the maximum salary of the grade of his position on the date on which he would otherwise have reached the maximum salary of the grade from which his position was reallocated;
(c) when a position, on or after April first, nineteen hundred seventy-two, is reclassified to a title allocated to a higher salary grade, with no substantial change in duties and responsibilities from those associated with the former title, the incumbent's eligibility for additional increments authorized by this subdivision shall be determined as though his position had been reallocated to such higher salary grade; such employee shall not be deemed to be appointed or promoted to a position in a higher grade for purposes of determining his salary therein;
(d) when an employee is appointed or promoted to a position in a higher salary grade or, in a case not subject to the provisions of paragraph (c) of this subdivision, when a position is reclassified to a title allocated to a higher salary grade and the incumbent thereof is appointed or promoted to such reclassified title, his or her eligibility for additional increments authorized by this subdivision shall be determined on the basis of his or her service after the date of such appointment or promotion, except that, notwithstanding the other provisions of this subdivision, where his or her salary upon appointment or promotion is equal to or greater than the maximum salary of the grade of his or her position plus one additional increment of such grade but less than such maximum salary plus two additional increments of such grade, he or she shall be eligible for an additional increment in accordance with the provisions of this subdivision upon completion of four years of continuous service in such position following appointment or promotion;
(e) an employee who has been on a preferred list pursuant to the rules of the administrative board of the judicial conference or section two hundred forty-three of the military law, or has been on leave of absence, or who has resigned, and who has been reinstated to his position or a similar position, shall be deemed to have continuous service; provided, however, that such employee shall be credited with service in his position only in a fiscal year for which he would otherwise be entitled to receive an increment in such position if he were not receiving a salary equal to or in excess of the maximum salary of the grade of his position;
(f) an employee shall not be credited with service in his position in any fiscal year where such service was unsatisfactory or insufficient to render him eligible for an annual increment if he were not receiving a salary equal to or in excess of the maximum salary of the grade of his position, but the failure to receive credit for such year shall not constitute an interruption of his continuous service;
(g) when an employee is appointed, demoted or reinstated from a higher grade position to a lower grade position, he shall receive credit toward eligibility for additional increments in the lower grade position for his years of service in the higher grade position as though such service had been rendered in the lower grade positions.
4. Annual increments; determination of salaries. (a) Rates of compensation. An employee holding a position allocated to one of the salary grades included in subdivision one of this section shall receive the minimum salary of the salary grade to which his position is allocated, plus the number of increments which corresponds with the number of his years in service in such position, unless his services during the year immediately preceding shall have been found to be unsatisfactory. No employee shall receive an increment which would result in his receiving an annual salary in excess of the maximum of the salary grade to which his position is allocated or of the amount to which he may be entitled pursuant to subdivision one of this act.
(b) Appointment above minimum salary in certain cases. Notwithstanding any other provision of this chapter, with respect to positions allocated to salary grades in subdivision one of this section, if the annual salary of an employee subject to the provisions of this section who has rendered twenty-six bi-weekly periods of service during the period from April first, nineteen hundred seventy through March thirty-first, nineteen hundred seventy-two is less than six thousand dollars per year, such employee in lieu of such annual salary shall receive an annual salary of six thousand dollars.
(c) Notwithstanding any other provision of this chapter no employee whose salary is below the minimum of the salary grade to which his position is allocated shall receive more than two increments in the fiscal year beginning April first, nineteen hundred seventy-three.
5. Appointments and promotions to higher grade positions. (a) If an employee is appointed or promoted to a position in a higher grade, he shall receive an increase in salary, upon such appointment or promotion, which is equivalent to the full increment payable in the position to which he is appointed or promoted, or he shall be paid the minimum salary of the grade of the position to which he is appointed or promoted, whichever results in a higher annual salary.
(b) Upon the reallocation of a position to a higher salary grade, the salary of any employee previously appointed or promoted from such position to another position in a higher grade shall not be less than the salary which he would otherwise be entitled to receive if such promotion occurred immediately following such reallocation.
(c) For the purpose of computing future increments such employee shall be credited with the number of years of service in the higher grade position to which he is appointed or promoted which corresponds with his resulting rate of compensation as determined pursuant to this subdivision.
6. Appointments, transfers, reinstatements, demotions and displacements to lower grade positions. If an employee is demoted or displaced to a position in a lower grade, or is appointed, transferred or reinstated to a position in a lower grade, he shall, upon such demotion, appointment, displacement, transfer, or reinstatement, receive the rate of compensation which corresponds with the total number of his years of service in the positions from which and to which he is demoted, displaced, appointed, transferred or reinstated, as the case may be, and, for the purpose of computing future increments, he shall be credited with the number of years of service in such position which corresponds with such rate of compensation. If an employee is demoted to a position in a lower grade, he shall, upon such demotion, be paid the salary in such lower grade which corresponds with the number of his years of service in the grade from which he was demoted, or, in the discretion of the administrative board of the judicial conference, he may be paid a higher rate of compensation, not exceeding the maximum of the grade to which such position is allocated, and not exceeding the rate of compensation received prior to such demotion, and, for the purpose of computing future increments, he shall be credited with the number of years of service in such position which corresponds with such rate of compensation.
7. Appointment, transfers and reinstatements to similar grade positions. If an employee is transferred to a similar position, or is appointed or reinstated to a position in the same salary grade, he shall be paid the same salary in such new position as he received in his former position, except that, in the case of a transfer, if such salary does not correspond with the schedule established for the new position, he shall be paid the rate of compensation for the new position which most nearly corresponds with the salary he is then receiving. An employee so appointed, transferred or reinstated shall be eligible to receive the increments in the schedule established for the new position based upon the number of his years of service in the new position and in his former position.
8. Appointments, promotions, reinstatements, and transfer of employees occupying non-allocated positions. An employee who has been continuously occupying a position which is not allocated to one of the salary grades described in subdivision one of this section and who is appointed, promoted, reinstated, or transferred to a position allocated to one of the salary grades in such subdivision the minimum salary of which is equal to or lower than the annual rate of compensation then received by such employee, shall, upon such appointment, promotion, reinstatement or transfer, be paid the minimum salary of the grade of such allocated positions plus the number of increments which corresponds to the number of years of his service in his former unallocated position or positions during which he received a salary equal to or in excess of the minimum salary of the position to which he is appointed, promoted, reinstated or transferred, not to exceed the salary that he was receiving in his former position immediately prior to the date of such appointment, promotion, reinstatement or transfer, and not to exceed the maximum salary of his new position.
For the purpose of computing future increments, he shall be credited with the number of years of service in such new position which corresponds with such rate of compensation. For the purposes of this subdivision, the annual rate of compensation of the incumbent of an unallocated position compensable on an hourly or per diem basis or on any basis other than at an annual salary rate, shall be deemed to be the compensation which would have been payable if the services were required on a full time annual basis for the number of hours per day and days per week established by law or administrative rule or order.
8-a. Allocation of non-allocated positions. (a) When a non-allocated position is allocated to one of the salary grades described in subdivision one of this section, the annual salary of the incumbent thereof shall be determined in accordance with this subdivision.
(b) Notwithstanding the provisions of paragraph (c) of this subdivision, the annual salary of any non-allocated position, compensable on an annual basis, shall not, upon allocation to a salary grade, be reduced for the then permanent incumbent by reason of any provision of this section so long as such position is held by the then permanent incumbent.
(c) When a non-allocated position is allocated to one of the salary grades described in subdivision one of this section, the incumbent thereof, whether employed on a permanent or temporary basis, shall be paid the minimum salary of the salary grade to which such position is allocated, plus the number of increments which corresponds with the number of his years of service in such position; provided, however, that such incumbent shall not receive an annual salary in excess of the maximum salary of the grade to which his position is allocated or the amount to which he may be entitled pursuant to subdivision three of this section, as the case may be.
(d) No employee whose salary would be increased by such allocation shall have any claim against the state for the difference, if any, between his former salary and that which he should receive as a result of such allocation for the period prior to the date such allocation became effective.
9. Accrual of increments. Annual increments shall take effect on the first day of each fiscal year, subject, however, to the provisions of section forty-four of the state finance law. An employee who has served the equivalent of at least twelve complete payroll periods of actual service during the fiscal year in his position shall be eligible to receive an increment in such position on the first day of the next succeeding fiscal year; provided, however, that an employee appointed or promoted at any time during the fiscal year, who received an increase in salary upon such appointment or promotion which was less than two full increments of the grade of the position to which he was appointed or promoted shall be eligible to receive in such position on the first day of the next succeeding fiscal year the difference between two full increments of the grade of such position and the increase in salary which he received upon such appointment or promotion, notwithstanding the fact that he has less than the equivalent of twelve complete payroll periods of actual service in such position during the fiscal year. Notwithstanding the provisions of this section, where an employee receiving the maximum salary or the maximum salary plus the first additional increment, as the case may be, of the grade of his position is appointed or promoted to a position in the next higher salary grade, his salary on the first day of the fiscal year on which he would otherwise be entitled to the first additional increment of the grade of his former position, if he had been receiving the maximum salary in his former position at the time of such appointment or promotion, or on the first day of the fiscal year on which he would otherwise be entitled to the second additional increment of the grade of his former position, if he had been receiving the maximum salary plus the first additional increment in his former position at the time of such appointment or promotion, shall not be less than the salary to which he would be entitled if such appointment or promotion occurred on such first day of the fiscal year.
10. Service credit for temporary and provisional employment. Except as otherwise expressly provided herein, temporary or provisional service shall be treated in the same manner as permanent service for the purpose of this section.
11. Reallocations; adjustment of salaries. When any position allocated to a salary grade in subdivision one of this section is reallocated on or after April first, nineteen hundred seventy-two to a higher salary grade other than grade thirty-eight, the annual salary of a then incumbent on the effective date of such reallocation shall be determined as follows:
(a) If, on the effective date of such reallocation, the annual salary of such incumbent would otherwise, if such reallocation did not occur, be identical with the hiring, first, second, third, fourth, fifth, sixth or seventh year rate of compensation of the lower grade from which such position is reallocated, or a rate of compensation equal to one or two additional increments above the maximum salary of such lower grade, his or her annual salary shall be increased to the corresponding rate of compensation of the higher grade to which such position is reallocated.
(b) If, on the effective date of such reallocation, the annual salary of such incumbent would otherwise, if such reallocation did not occur, be less than the rate of compensation equal to two additional increments above the maximum salary of the lower grade from which such position is reallocated, and not identical with the hiring, first, second, third, fourth, fifth, sixth or seventh year rate of compensation of such lower grade or with the rate of compensation equal to one additional increment above the maximum salary of such lower grade, his or her annual salary shall be the salary he or she would otherwise receive on the date of such reallocation in such lower grade if such reallocation did not occur plus the difference between the next higher rate of compensation of such lower grade and the corresponding rate of compensation of the higher grade to which such position is reallocated.
(c) If, on the effective date of such reallocation, the annual salary, of such incumbent would otherwise, if such reallocation did not occur, exceed the rate of compensation equal to two additional increments above the maximum salary of the lower grade from which such position is reallocated, his annual salary shall be the annual salary he would otherwise receive if such reallocation did not occur plus the difference between such rate of compensation and the corresponding rate of compensation of the higher grade to which his position is reallocated, but his salary shall not be increased to an amount in excess of the maximum salary of the grade to which his position is reallocated plus two additional increments of such grade.
If an employee has been appointed or promoted from one position allocated to a salary grade in subdivision one of this section to another position allocated to a higher salary grade and his former position, on or after April first, nineteen hundred seventy-two, and within two years after such appointment or promotion, is reallocated to a higher salary grade, the salary of such employee in the second position on the effective date of such reallocation shall not be less than the salary which he would otherwise be entitled to receive on such date had such appointment or promotion occurred on such date.
The provisions of this subdivision shall apply to temporary and provisional employees, as well as permanent employees.
When a position allocated to a salary grade in subdivision one of this section is reclassified to a title allocated to a higher salary grade, and such reclassification represents no substantial change in duties and responsibilities from those associated with the former title, the incumbent thereof may continue to serve in such position without further examination, and his salary in his new title shall be determined in accordance with the provisions of this subsection.
12. Status of employees upon transfer of functions. The salary of any employee of a civil division, public authority or other public benefit corporation who upon transfer of his functions to the state, is transferred to a position in the unified court system which is allocated to a salary grade, and the salary of any employee of a private institution or enterprise, whose employment is continued in an allocated position pursuant to law upon the acquisition by the unified court system of such institution or enterprise, shall be prescribed by the chief administrator of the courts within amounts available therefor, at a rate between the minimum salary of the grade to which the employee's position is allocated and the maximum salary of such grade plus two additional increments; provided, however, that if the salary received by such employee immediately prior to such transfer or entry into service with the unified court system was an amount greater than the minimum salary of the grade to which his position is allocated and less than the maximum salary of such grade plus two additional increments of such grade, his salary as prescribed by the chief administrator shall not exceed the salary received by him immediately prior to such transfer or entry. For the purpose of computing future increments, such employee shall be credited with the number of years of service in such position which corresponds with his salary as determined pursuant to this subdivision.
§ 39. Unified court budget; first instance payments by state; provision for prepayment; payment by localities; transfer of non-judicial personnel. 1. Notwithstanding any other provision of law, and except as provided in subdivision three of this section the state shall pay in the first instance from regular appropriations, beginning April first, nineteen hundred seventy-seven the expenses for the supreme court and appellate divisions and appellate terms thereof, county courts, family courts, surrogate's courts, civil court of the city of New York, criminal court of the city of New York, district courts, city courts, the county clerks' offices in the city of New York and those portions of the county clerks' offices outside the city of New York that perform services pursuant to the role of the county clerk as clerk of the court where the budgets of the political subdivisions separately identify those services, and commissioners of jurors and their staffs where separate from the county clerks, or, of not so separate, where the budgets of the political subdivisions separately identify that function.
2. Notwithstanding any other provision of law, the allocation of costs of the courts and court-related agencies set forth in subdivision one of this section to each political subdivision shall be as follows:
(a) Effective for the state fiscal year beginning April first, nineteen hundred seventy-nine, the state comptroller shall deduct from any moneys payable to each such political subdivision from the local assistance account twenty-five percent of the amount set forth in column A. In the event that the judiciary budget adopted for the fiscal year beginning April first, nineteen hundred seventy-nine includes an allocation for any political subdivision that is less than the appropriated budget used to calculate column A, then the deduction to the locality shall be proportionately reduced. The amount to be deducted pursuant to this paragraph, as reduced pursuant to the provisions of this subdivision or any other provision of law, shall be deducted pursuant to a plan prepared by the state comptroller with the approval of the state director of the budget. Such plan shall, to the extent practicable, provide for the amount of such deductions to coincide with the state first instance payments for the expenses enumerated in subdivision one of this section. In lieu of deducting such amount from moneys payable from the local assistance account, the plan prepared by the state comptroller with the approval of the state director of the budget may provide for the rendering of monthly or bi-monthly statements requiring the payment of fractional portions of such amount, and may provide for the payment of interest at a rate to be fixed by the state comptroller, not to exceed six percent per annum, in the event payment shall not be made at the time and in the amount prescribed therein.
Net Local
Commitment Sub-parg. Column A _________ __________ 1. Albany Co. 1,070,972 2. Allegany Co. 163,292 3. Broome Co. 631,332 4. Cattaraugus Co. 283,404 5. Cayuga Co. 276,422 6. Chautauqua Co. 505,825 7. Chemung Co. 417,520 8. Chenango Co. 163,660 9. Clinton Co. 375,908 10. Columbia Co. 218,664 11. Cortland Co. 136,530 12. Delaware Co. 132,998 13. Dutchess Co. 1,306,400 14. Erie Co. 4,477,957 15. Essex Co. 185,590 16. Franklin Co. 227,027 17. Fulton Co. 353,064 18. Genesee Co. 293,468 19. Greene Co. 209,268 20. Hamilton Co. 64,839 21. Herkimer Co. 235,259 22. Jefferson Co. 351,634 23. Lewis Co. 103,147 24. Livingston Co. 176,190 25. Madison Co. 238,472 26. Monroe Co. 3,202,248 27. Montgomery Co. 311,582 28. Nassau Co. 17,989,885 29. Niagara Co. 1,101,979 30. Oneida Co. 971,718 31. Onondaga Co. 1,899,769 32. Ontario Co. 338,318 33. Orange Co. 1,271,126 34. Orleans Co. 133,546 35. Oswego Co. 499,791 36. Otsego Co. 221,928 37. Putnam Co. 274,839 38. Rensselaer Co. 584,464 39. Rockland Co. 1,385,788 40. St. Lawrence Co. 444,423 41. Saratoga Co. 445,098 42. Schenectady Co. 650,378 43. Schoharie Co. 120,366 44. Schuyler Co. 69,832 45. Seneca County 147,571 46. Steuben Co. 377,784 47. Suffolk Co. 12,667,065 48. Sullivan Co. 391,361 49. Tioga Co. 136,855 50. Tompkins Co. 291,294 51. Ulster Co. 569,779 52. Warren Co. 323,586 53. Washington Co. 245,885 54. Wayne Co. 281,637 55. Westchester Co. 4,855,637 56. Wyoming Co. 172,799 57. Yates Co. 99,050 58. City of Albany 312,321 59. City of Binghamton 208,564 60. City of Buffalo 1,297,555 61. City of Mt. Vernon 330,491 62. City of New Rochelle 300,473 63. City of New York 81,528,585 64. City of Niagara Falls 252,006 65. City of Rochester 902,475 66. City of Rome 82,972 67. City of Schenectady 152,607 68. City of Syracuse 712,583 69. City of Troy 158,576 70. City of Utica 264,612 71. City of White Plains 311,387 72. City of Yonkers 759,013 73. City of Amsterdam 37,126 74. City of Auburn 62,938 75. City of Batavia 38,790 76. City of Beacon 24,085 77. City of Canandaigua 35,301 78. City of Cohoes 38,892 79. City of Corning 23,067 80. City of Cortland 39,104 81. City of Dunkirk 54,523 82. City of Elmira 107,398 83. City of Fulton 31,947 84. City of Geneva 34,909 85. City of Glen Cove 87,917 86. City of Glens Falls 58,427 87. City of Gloversville 32,404 88. City of Hornell 30,769 89. City of Hudson 15,934 90. City of Ithaca 106,175 91. City of Jamestown 75,074 92. City of Johnstown 28,346 93. City of Kingston 46,983 94. City of Lackawanna 94,215 95. City of Little Falls 18,583 96. City of Lockport 67,567 97. City of Long Beach 222,129 98. City of Mechanicville 20,935 99. City of Middletown 62,970 100. City of Newburgh 85,009 101. City of North Tonawanda 88,793 102. City of Norwich 28,893 103. City of Ogdensburg 54,133 104. City of Olean 43,699 105. City of Oneida 25,331 106. City of Oneonta 46,804 107. City of Oswego 57,552 108. City of Peekskill 92,493 109. City of Plattsburgh 39,544 110. City of Port Jervis 33,701 111. City of Poughkeepsie 92,647 112. City of Rensselaer 22,920 113. City of Rye 42,620 114. City of Salamanca 16,719 115. City of Saratoga Springs 67,444 116. City of Sherrill 6,643 117. City of Tonawanda 71,307 118. City of Watertown 120,076 119. City of Watervliet 21,274
(a-1) (i) Effective for each state fiscal year beginning April first, nineteen hundred ninety-five, the state comptroller shall, on or before the end of that fiscal year: (1) deduct from any moneys payable to the city of New York from the local assistance account as state aid for the support of local government the amount certified to him or her by the chief administrator of the courts immediately following the close of such fiscal year pursuant to subparagraph (ii) of this paragraph, and (2) transfer the amount of such deduction from the local assistance account to the New York city county clerks' operations offset fund.
(ii) On or before March first in each year commencing with March first, nineteen hundred ninety-six, the chief administrator shall determine and certify to the comptroller the difference between (1) the amount of the disbursements under the judiciary budget made during the fiscal year ending the previous March thirty-first for the payment of services and expenses incurred in that fiscal year by the offices of the county clerks of the city of New York, excluding services and expenses incurred by those offices in discharge of a county clerk's powers and duties as commissioner of jurors, and (2) the aggregate receipts derived by the state from the fees specified in paragraphs one and two of subdivision (f) of section eight thousand twenty and section eight thousand twenty-one of the civil practice law and rules during the fiscal year commencing April first, nineteen hundred ninety.
(iii) On or before March first, nineteen hundred ninety-seven, and each March first thereafter, the chief administrator shall determine the actual difference between (1) the amount of the disbursements under the judiciary budget made during the fiscal year ending the previous March thirty-first for the payment of services and expenses incurred in that fiscal year by the offices of the county clerks of the city of New York, excluding services and expenses incurred by those offices in discharge of a county clerk's powers and duties as commissioner of jurors and (2) the aggregate receipts derived from the state from the fees specified in paragraphs one and two of subdivision (f) of section eight thousand twenty and section eight thousand twenty-one of the civil practice law and rules during the preceding fiscal year. The chief administrator shall compare this actual amount of difference with the projected amount of difference calculated pursuant to subparagraph (ii) of this paragraph and certify the difference between the two amounts to the comptroller. Such amount shall be added to, or deleted from, as the case may be, the amount of the deduction made from state aid payments to the city of New York pursuant to subparagraph (i) of this paragraph.
(b) To the extent the moneys so estimated by the state comptroller with the approval of the state director of the budget to be payable to such political subdivision from the local assistance fund during any state fiscal year are insufficient to provide for the deduction of the amount required to be deducted pursuant to this subdivision, each such political subdivision shall pay on a monthly basis to the commissioner of taxation and finance an amount determined by the state comptroller and the state director of the budget to provide for payment of the amount by which the estimated moneys payable to such political subdivision is insufficient. The amount of such payments may be adjusted from time to time as the estimate of moneys payable to such political subdivision is adjusted.
(c) For the state fiscal year commencing April first, nineteen hundred seventy-nine, each political subdivision shall repay to the State of New York an amount equal to twenty-five precent of its portion of the amount appropriated in the first instance from the state purposes fund to the judiciary for the state fiscal year commencing April first, nineteen hundred seventy-six, as determined by the state department of taxation and finance.
(d) Except as provided in subdivision three of this section, the allocation of costs to each political subdivision for its share of the expenses of the courts and court related agencies of the unified court system set forth in subdivision one of this section shall be determined by law for the fiscal year commencing April first, nineteen hundred seventy-nine, and no allocation of such costs to political subdivisions shall be made for any fiscal year commencing on or after April first, nineteen hundred eighty.
(e) All fees collected pursuant to sections eighteen hundred three, eighteen hundred three-A and nineteen hundred eleven of the New York city civil court act, all fees collected pursuant to state law by the county clerks in the city of New York, except as otherwise provided herein with respect to fees collected pursuant to subdivision (a) of section eight thousand eighteen of the civil practice law and rules and except those fees collected by the clerk of Richmond county which in the other counties of the city of New York are collected by the city registers, all fees collected pursuant to section eight thousand eighteen of the civil practice law and rules except only to the extent of one hundred sixty-five dollars of any fee collected pursuant to subparagraph (i) of paragraph one of subdivision (a) of such section and except for those collected pursuant to subparagraph (ii) of paragraph one of paragraph three of such subdivision (a), all fees collected pursuant to section eight thousand twenty of the civil practice law and rules except for those collected pursuant to subdivisions (f), (g) and (h) of said section, all fees collected pursuant to section eight thousand twenty-two of the civil practice law and rules, all fees collected pursuant to section twenty-four hundred two of the surrogate's court procedure act, all fees collected pursuant to section eighteen hundred three, eighteen hundred three-A and subdivision (a) of section nineteen hundred eleven of the uniform district court act, all fees collected pursuant to section eighteen hundred three, eighteen hundred three-A and subdivision (a) of section nineteen hundred eleven of the uniform city court act and all fines, penalties and forfeitures collected pursuant to subdivision eight of section eighteen hundred three of the vehicle and traffic law, except such fines, penalties and forfeitures collected by the Nassau county traffic and parking violations agency, section 71-0211 of the environmental conservation law, section two hundred one of the navigation law and subdivision one of section 27.13 of the parks, recreation and historic preservation law shall be paid to the state commissioner of taxation and finance on a monthly basis no later than ten days after the last day of each month. The additional fee of five dollars collected by county clerks in New York city pursuant to paragraph three of subdivision (a) of section eight thousand eighteen of the civil practice law and rules shall be distributed monthly by the county clerks as follows: four dollars and seventy-five cents to the commissioner of education for deposit into the local government records management improvement funds; and twenty-five cents to the city of New York.
(f) Effective April first, nineteen hundred seventy-seven, the state shall no longer make any payments pursuant to section thirty-four-a of this chapter nor any payments pursuant to section ninety-nine-l of the general municipal law for matters handled by the criminal court of the city of New York, the district courts and city courts.
(g) The amounts to be deducted from the local assistance fund and to be paid by political subdivisions to the state of New York, and the fees to be paid to the state commissioner of taxation and finance pursuant to paragraphs (a), (b), (c) and (e) of subdivision two of this section are hereby made available for the reimbursement of expenditures made by the judiciary in the first instance from state purposes appropriations authorized by subdivision one of this section.
Notwithstanding any other provision of law, the comptroller is hereby authorized to repay from such amounts and such fees the expenditures made by the judiciary in the first instance from state purposes appropriations authorized by subdivision one of this section.
3. (a) Notwithstanding any other provision of law, all goods, services and facilities presently furnished and paid for by any political subdivision to the courts and court-related agencies affected by this section not included in that portion of the budget of the political subdivision used in the computation of the amounts set forth in subdivision two of this section, shall continue to be furnished and paid for by the political subdivision. Each political subdivision shall also be responsible for supplying such additional facilities suitable and sufficient for the transaction of business as may become needed after the effective date of this subdivision. In the event that a political subdivision during any state fiscal year ceases to provide any such goods, services and facilities, the state administrator shall determine the value of such goods, services and facilities and shall notify the state comptroller of such determination. During each state fiscal year in which a political subdivision ceases to provide such goods, services and facilities, an amount equal to the value of such services shall be deducted by the state comptroller from any moneys payable to such political subdivision from the local assistance fund. All federal moneys allocated as of March thirty-first, nineteen hundred seventy-seven by any political subdivision for goods, services or facilities in the courts or court-related agencies affected by this section shall continue to be so allocated for as long as those federal moneys remain available to that political subdivision, except that, if the federal moneys granted to the political subdivision from which such goods, services or facilities are provided are reduced below the amount granted as of March thirty-first, nineteen hundred seventy-seven, the political subdivision may make a proportionate reduction in the federal moneys allocated for such goods, services or facilities.
(b) Political subdivisions which provide security services for the courts, the cost of which is not included in that portion of the budget of the political subdivision used in the computation of the amounts set forth in column A in paragraph (a) of subdivision two of this section shall be entitled to reimbursement by the state within the amounts appropriated to the administrative office for the courts for that purpose.
(c) All employees providing goods and services pursuant to this subdivision shall remain the employees of the political subdivision. All deputy sheriffs or police officers providing security services in the courts shall be deemed persons providing services pursuant to this subdivision.
4. In preparing and submitting to the administrative board the itemized estimates of the annual financial needs of the courts and court-related agencies set forth in subdivision one of this section, the state administrator shall consider the relative caseloads of such courts and agencies in the event that increases in such itemized estimates are proposed for inclusion in the judiciary budget submission to the legislature.
5. The state administrator shall render an annual statement of the amount determined pursuant to paragraph (c) of subdivision two of this section to each political subdivision on or about the fifteenth day of September of each year. The amount set forth in such statement shall be paid to the state commissioner of taxation and finance by the city of New York no more than thirty days after receipt thereof and by all other political subdivisions on or before the thirty-first of January of the following year. In the event that any political subdivision fails to remit a payment due at the time specified herein, the comptroller shall withhold payments of installments or quarterly payments of state assistance due such political subdivision pursuant to the provisions of article four-a of the state finance law until the indebtedness due from such political subdivision pursuant to this subdivision shall be paid in full or until the installments or quarterly payments of such state assistance or portions thereof so withheld shall equal the amount so due from the political subdivision pursuant to this subdivision.
6. Notwithstanding any other provision of law, and except as provided in paragraph (c) of subdivision three of this section, commencing April first, nineteen hundred seventy-seven all justices, judges, and nonjudicial officers and employees of the courts and court-related agencies of the unified court system set forth in subdivision one of this section shall be employees of the state of New York and the salaries, wages, hours and other terms and conditions of their employment shall be determined in accordance with the provisions of this section.
(a) Such justices, judges, and nonjudicial officers and employees shall be placed on the payroll of the state of New York and shall be entitled to the salaries, wages, hours and other terms and conditions of employment to which they were entitled pursuant to any law or contract in effect immediately prior to the effective date hereof, except that they shall receive the rates of reimbursement for travel and lodging expenses provided by the state to state-paid nonjudicial officers and employees of the unified court system not affected by this paragraph, provided, however, that where an agreement has expired with no successor contract yet having been executed prior to the effective date hereof a contract subsequently executed and retroactive to the expiration of such predecessor contract shall be controlling. Such salaries, wages, hours and other terms and conditions of employment shall continue in effect until altered by state law or by the terms of a successor contract, except that salaries, wages, hours and other terms and conditions of employment of such nonjudicial officers and employees not provided pursuant to contract and hours and other terms and conditions of employment of justices and judges may be altered by administrative action in accordance with law. Provided, however, that no liability shall be deemed to accrue to the state as result of any such law or contract for any period prior to April first, nineteen hundred seventy-seven.
(b) Notwithstanding any provision of paragraph (a) of this subdivision every local law enacted, contract entered into or action taken by a political subdivision or other instrumentality of the state on or after the effective date of this paragraph with respect to the terms or conditions of employment of any such justice, judge, non-judicial officer or employee shall be subject to the prior approval of the administrative board of the judicial conference. Provided, however, that any such local law, contract or action affecting any such justice, judge, non-judicial officer or employee of any court of the unified court system located in a city for which an emergency financial control board has been created shall be subject only to the prior approval of such emergency financial control board.
(c) For the purposes of this section, the term "salary" shall mean the annual salary otherwise payable to any judge, justice or nonjudicial officer or employee to whom the provisions of this section are applicable, exclusive of overtime compensation and any allowance in lieu of maintenance. The salary of the incumbent of a position compensable on an hourly or per diem basis, or on any basis other than at an annual salary rate, shall be deemed to be the salary which would otherwise be payable if the services were required on a full time annual basis for the number of hours per day and days per week established by law or administrative rules or orders for regular full-time employees.
(d) Notwithstanding any other provision of law:
(i) Any nonjudicial officer or employee of the courts and court-related agencies of the unified court system who becomes an employee of the state of New York pursuant to this subdivision may, at the option of such officer or employee, be credited with sick leave earned and accumulated but unused at the time he becomes a state employee, but not in excess of two hundred days and shall be credited with vacation leave earned and accumulated but unused at the time he becomes a state employee, but not in excess of forty days. Notwithstanding the foregoing, such nonjudicial officer or employee, with the approval of the state administrator, may elect at any time to be credited with additional sick leave credits by the state, to the extent such credits were earned prior to April first, nineteen hundred seventy-seven and not already so credited pursuant to this subparagraph (i); in such event, such sick leave credits shall not be available for the purposes of subparagraph (iii) of this paragraph. The state shall not award credit or compensation for any other time or leave credits, and shall not be liable for any terminal leave benefits based upon time or leave credits earned prior to April first, nineteen hundred seventy-seven.
(ii) Every such nonjudicial officer or employee shall be entitled to receive payments for time or leave credits, other than sick leave or terminal leave, attributable to service rendered prior to April first, nineteen hundred seventy-seven, and not transferred to the state pursuant to subparagraph (i), which payments such nonjudicial officer or employee would otherwise have received from the political subdivision had he been involuntarily terminated without fault from the employ of the political subdivision on March thirty-first, nineteen hundred seventy-seven. Such credits shall be payable in cash before July first, nineteen hundred seventy-seven, if such credits would have been so payable by the political subdivision or if such officer or employee would otherwise have been retained on the payroll of the political subdivision until any such credits had been exhausted.
(iii) At the time of retirement or any other permanent separation without fault from the employment of the state, any such nonjudicial officer or employee shall be entitled to receive from the political subdivision payments for terminal leave based upon any time and leave credits accrued before April first, nineteen hundred seventy-seven, and not transferred to the state pursuant to subparagraph (i) nor used in the computation of any award of compensation pursuant to subparagraph (ii) of this paragraph, which payments such nonjudicial officer or employee would otherwise have received from the political subdivision had he retired or separated from the service of the political subdivision on March thirty-first, nineteen hundred seventy-seven. If such officer or employee retires, such entitlement shall include payments he would have received from the political subdivision as if he had been eligible to retire and as if he had retired on March thirty-first, nineteen hundred seventy-seven. Any nonjudicial officer or employee who retires or is separated from service after March thirty-first, nineteen hundred seventy-seven, who is not entitled to receive payment hereunder solely because of insufficient service with the political subdivision prior to April first, nineteen hundred seventy-seven, shall receive from the political subdivision pro rata payments based upon such nonjudicial officer or employee's time and service with such local subdivision provided he is otherwise entitled to receive such payments based upon his combined service with the political subdivision and the state pursuant to a collective bargaining agreement negotiated with the state. Such credits shall be payable in cash if such credits would have been so payable by the political subdivision or if such officer or employee would otherwise have been retained on the payroll of the political subdivision until any such credits had been exhausted.
(e) (i) Notwithstanding any other provision of law, all justices, judges and nonjudicial officers and employees of the courts and court-related agencies of the unified court system who became employees of the state of New York pursuant to this subdivision shall receive insurance benefits as set forth in this paragraph. Such justices, judges and nonjudicial officers or employees may elect to receive all of the insurance benefits provided by the state to state-paid justices, judges and nonjudicial officers and employees of the unified court system immediately prior to the effective date hereof. If such election is not made, such justices, judges and nonjudicial officers and employees shall be entitled to receive the insurance benefits to which they were entitled pursuant to any law or contract in effect immediately prior to the effective date hereof, in which case the political subdivision from which such justices, judges and nonjudicial officers and employees were entitled to receive insurance benefits shall continue to provide such insurance coverage and such justices, judges and nonjudicial officers and employees shall be deemed employees of the political subdivisions for purposes of receiving such insurance coverage and for the processing of claims thereunder. The state shall reimburse each political subdivision for the amount of premiums paid pursuant to this paragraph or, in the case of self-insurance, for the cost of the benefit paid by the political subdivision. Insurance benefits provided pursuant to this paragraph shall continue in effect until altered by law, administrative action in accordance with law, or, for those officers and employees receiving insurance benefits pursuant to contract, by the terms of a successor contract. Nothing in this paragraph shall preclude the state from enrolling any such justice, judge or nonjudicial officer or employee in the state insurance plan upon his withdrawal from the insurance plan paid for by the political subdivision pursuant to this paragraph. Notwithstanding any other provision of this chapter, all justices, judges and nonjudicial officers and employees of the eleventh judicial district shall have the same dual insurance coverage, consisting of the state insurance plan and the insurance plan paid for by the political subdivision pursuant to this paragraph, which is provided to the justices, judges and nonjudicial officers and employees of the first and second judicial districts.
(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, all state-paid justices and judges and all state-paid nonjudicial officers and employees of the unified court system not in any collective negotiating unit established pursuant to article fourteen of the civil service law who, on the day immediately preceding the effective date of this subparagraph, are enrolled in a health insurance plan paid for by a political subdivision, shall be deemed withdrawn therefrom and shall exclusively be enrolled in the state health insurance plan.
(f) All monetary contributions made by a political subdivision prior to April first, nineteen hundred seventy-seven on behalf of an individual justice, judge or nonjudicial officer or employee to a welfare fund administered by an employee organization or by a political subdivision shall, commencing April first, nineteen hundred seventy-seven, be paid by the state.
(g) Each political subdivision shall be liable for the satisfaction of any claims by any officer or employee arising out of the terms and conditions of his employment prior to the date on which such officer or employee became a state employee pursuant to this subdivision.
7. Upon the termination of the period of unchallenged representation of any employee organization certified or recognized to represent employees of the courts or court related agencies of the unified court system, petitions may be filed with the public employment relations board to alter negotiating units in accordance with the standards set forth in section two hundred seven of the civil service law; provided, however, that such board shall not alter any such negotiating unit comprised exclusively of such employees or that part of any other negotiating unit comprised of such employees. The provisions of this subdivision shall be applicable in any case in which the negotiating unit is so defined on the effective date of this subdivision in accordance with the provisions of either section two hundred seven or section two hundred twelve of the civil service law, as the case may be. Nothing herein shall preclude the merger of negotiating units of such employees with the consent of the administrative board of the judicial conference and the recognized or certified representatives of the negotiating units involved.
8. (a) The administrative board of the judicial conference shall adopt a classification structure for all non-judicial officers and employees who become employees of the state of New York pursuant to this section which shall provide for the classification of positions in accordance with duties required to be performed in title in these positions and in accordance with the responsibilities of the position and the volume of work in the court or court-related agency in which the position exists. Nothing in this section shall prohibit the subsequent restructuring of the classification and duties of employees in accordance with the rules of the administrative board. The administrative board in accordance with section two hundred nineteen of this article shall determine, retroactive to April first, nineteen hundred seventy-seven, the salary grade of each employee who becomes an employee of the state of New York pursuant to this section; provided, however, nothing herein contained shall be deemed to diminish: (i) the right of any employee organization to negotiate wages or salaries pursuant to article fourteen of the civil service law, or; (ii) the right of any employee to receive wages or salaries pursuant to subdivision six of this section. Notwithstanding any other provision of law, an application to the public employment relations board seeking a designation by the board that certain persons are managerial or confidential may be filed at any time before April first, nineteen hundred seventy-eight, and thereafter pursuant to the provisions of the civil service law.
(b) A nonjudicial officer or employee whose position is allocated to a salary grade pursuant to paragraph (a) of this subdivision shall be placed into that salary grade at the salary received by such officer or employee immediately prior to said allocation or at the minimum of that grade, whichever is higher. The salary of such officer or employee within such salary grade, as determined by this paragraph, shall establish the increment step into which the employee shall be placed and shall determine the number of years of service to be credited within such salary grade as of April first, nineteen hundred seventy-seven, for the purpose of computing future increments. Each employee shall thereafter receive increment credit for each subsequent year of service in such position up to the maximum prescribed by section two hundred nineteen of this article.
9. (a) On and after the effective date of this paragraph all justices, judges and nonjudicial officers and employees of the courts and court-related agencies of the unified court system set forth in subdivision one who become employees of the state pursuant to subdivision six of this section shall thereupon become members of the New York state employees retirement system to the extent permitted or required by the provisions of the retirement and social security law, and the reserves in any other retirement system shall be transferred to the New York state employees retirement system without any request by them or any notice to the retirement systems, except that: (1) any such justice, judge or nonjudicial officer or employee who is a member of the New York city employees' retirement system or the New York city teachers' retirement system may elect to continue membership in the New York city employees' retirement system or the New York city teachers' retirement system, as the case may be, and (2) any justice or judge who is a member of both the New York city employees' retirement system and the New York state employees' retirement system may elect to continue membership in the New York city employees' retirement system and to discontinue membership in the New York state employees' retirement system. Any election pursuant to this paragraph shall be made no later than the ninetieth day next succeeding the date on which the provisions hereof become effective, by filing a written notice thereof with the administrative head of the New York state employees' retirement system and the New York city employees' retirement system or the New York city teachers' retirement system and, once made and filed, shall be irrevocable. Upon the retirement of a justice, judge or nonjudicial officer or employee who has made such an election, the calculation of final average salary by the New York city employees' retirement system or the New York city teachers' retirement system shall be performed as if the salary earned as a state employee on and after such effectiveness were earned in New York city employment. In the case of a justice, judge or nonjudicial officer or employee who remains or becomes a member of the New York state employees' retirement system pursuant to this paragraph, the New York city employees' retirement system or the New York city teachers' retirement system shall make a transfer of reserves, contributions and credits to the New York state employees' retirement system, in the manner required by section forty-three of the retirement and social security law. In the case of an election to continue in the New York city employees' retirement system by a justice or judge who is a member of both retirement systems, the New York state employees' retirement system shall make a transfer of reserves, contributions and credits to the New York city employees' retirement system, in the manner provided by section forty-three of such law.
(b) The comptroller of the city of New York shall certify to the state administrator the amount of money required to be paid by the state of New York for pension costs resulting from elections made pursuant to paragraph (a) of this subdivision. The comptroller of the state of New York shall pay to the New York city employees' retirement system or the New York city teachers' retirement system, upon approval by the state administrator, the amounts so certified by the comptroller of the city of New York. The comptroller of the city of New York shall also certify to the state administrator the amount of money required to be contributed by each of such employees. The comptroller of the state of New York shall be authorized to withhold the contribution of such employees and pay that amount to the New York city employees' retirement system or the New York city teachers' retirement system. The amount so certified pursuant to this paragraph shall be the same as the amounts required to be contributed for similarly situated city employees by the city of New York and by employees of the city of New York.
10. (a) Notwithstanding any other provision of law, commencing April first, nineteen hundred eighty-three, in the event the chief administrator of the courts, in his sole discretion, determines that court security services provided by the county of Westchester pursuant to subdivision three of this section should be provided by employees of the unified court system: (i) the state shall be responsible for providing security services to the courts in such county, and (ii) all permanent officers and employees of the department of public safety service of such county who provide security services in the courts of such county pursuant to subdivision three of this section shall be eligible to become employees of the state of New York upon filing a notice of state employment election with the chief administrator of the courts in a manner and form determined by the chief administrator; provided, however, that such employment shall be subject to acceptance by the employee of the salary, wages, hours and other terms and conditions of employment enjoyed by other state employees in the negotiating unit into which his position is placed.
(b) Each nonjudicial officer and employee who files a notice of state employment election as provided in paragraph (a) of this subdivision shall be placed on a payroll of the state of New York in a position which shall be classified and allocated pursuant to the classification structure, established by the chief administrator of the courts on May twenty-eighth, nineteen hundred seventy-nine. The salary of each such nonjudicial officer and employee shall be his salary on March thirty-first, nineteen hundred eighty-three, plus such number of increments equalling his years of permanent service in his county position on March thirty-first, nineteen hundred eighty-three, not to exceed the maximum of the salary grade of the position to which he is allocated hereunder. Eligibility for future increments shall be based solely upon state service commencing upon the effective date of this subdivision.
(c) Notwithstanding any other provision of law:
(i) Any nonjudicial officer or employee of the courts and court related agencies of the unified court system who becomes an employee of the state of New York pursuant to paragraph (a) of this subdivision, may, at the option of such officer or employee, be credited with sick leave earned and accumulated but unused at the time he becomes a state employee, but not in excess of two hundred days and shall be credited with vacation leave earned and accumulated but unused at the time he becomes a state employee, but not in excess of forty days. The state shall not award credit or compensation for any other time or leave credits and shall not be liable for any terminal leave benefits based upon time or leave credits earned prior to April first, nineteen hundred eighty-three.
(ii) Each such nonjudicial officer or employee shall be entitled to receive payments from the county of Westchester for time or leave credits, other than sick leave or terminal leave, attributable to service prior to April first, nineteen hundred eighty-three and not transferred to the state pursuant to subparagraph (i) of this paragraph, which payments such nonjudicial officer or employee would otherwise have received from the county had he been involuntarily terminated without fault from the employ of the county on March thirty-first, nineteen hundred eighty-three. Such credits shall be payable in cash before July first, nineteen hundred eighty-three, if such credits would have been so payable by the county of Westchester or if such officer or employee would otherwise have been retained on the payroll of the county until any such credits have been exhausted.
(iii) At the time of retirement, or any other permanent separation without fault from the employment of the state, any such nonjudicial officer or employee shall be entitled to receive from the county of Westchester payments for terminal leave based upon any time and leave credits accrued before April first, nineteen hundred eighty-three, and not transferred to the state pursuant to subparagraph (i) of this paragraph, which payments such nonjudicial officer or employee would otherwise have received from the county had he retired or separated from the service of the county on March thirty-first, nineteen hundred eighty-three.
(d) Upon the effective date of this subdivision, each officer and employee who elects to become a state employee pursuant to paragraph (a) of this subdivision shall have permanent status in his state position without further examination or qualification. Each officer and employee having permanent status in a competitive class county position who does not make such election shall have his name entered upon an appropriate preferred list for reinstatement to the same or similar positions in the service of the county of Westchester.
§ 39-a. Mediation. 1. Where, pursuant to paragraph (a) of subdivision three of section thirty-nine of this article, the chief administrator of the courts determines that a political subdivision has ceased or failed during a state fiscal year to provide goods, services and facilities of a specified value, he or she may not notify the state comptroller of his or her determination in accordance with such paragraph unless the chief executive officer of the affected political subdivision is first notified thereof and provided a period of thirty days in which to request mediation in accordance with subdivisions three and four of this section. Where mediation is so requested, the chief administrator may only notify the state comptroller of his or her determination, pursuant to paragraph (a) of subdivision three of section thirty-nine of this article, under the circumstances set forth in subdivision four of this section.
2. In the event that the court facilities capital review board determines not to approve an assessment and plan submitted by the chief executive officer of a political subdivision pursuant to section sixteen hundred eighty-c of the public authorities law, or the board fails to act upon such assessment and plan within sixty days of submission thereof to the board and the chief administrator disapproves the assessment and plan, the chief administrator shall consult with such chief executive officer in an effort to resolve any matters in dispute, and shall, if the chief executive officer so requests, request mediation in accordance with subdivisions three and four of this section.
3. Mediation shall consist of expedited proceedings to effectuate the voluntary resolution of any dispute between the court facilities capital review board and a political subdivision concerning approval of a capital plan pursuant to section sixteen hundred eighty-c of the public authorities law or the chief administrator's determination pursuant to paragraph (a) of subdivision three of section thirty-nine of this article. The mediator shall be appointed by agreement of the chief administrator and the chief executive officer of the affected political subdivision from a list of mediators submitted by the American Arbitration Association.
4. In mediating the dispute, the mediator shall take into consideration, in addition to any other relevant factors, the political subdivision's legal obligation under section thirty-nine of this article to provide goods, services and facilities suitable and sufficient for the transaction of business, and the financial ability of the political subdivision to pay for the goods, services and facilities in light of the totality of its needs and the resources available. In the event the chief administrator and the chief executive officer of the political subdivision fail to achieve agreement within ninety days after commencement of the mediation, or such longer period as they may agree upon, the chief administrator may notify the state comptroller as provided in paragraph (a) of subdivision three of section thirty-nine of this article provided:
(a) mediation was requested pursuant to subdivision one of this section, or
(b) mediation was requested pursuant to subdivision two of this section and at least twenty-four months have elapsed since the effective date of this section.
§ 39-b. Special provisions relating to court facilities. 1. For purposes of this section:
(a) the term "court facilities" shall mean facilities for the transaction of business by the state-paid courts and court-related agencies of the unified court system and the judicial and nonjudicial personnel thereof, including rooms and accommodations for the courts and court-related agencies of the unified court system, the judges, justices and the clerical, administrative and other personnel thereof.
(b) the term "cleaning of court facilities" shall mean those services and activities that are necessary to insure that the interior of each court facility is and remains a clean and healthful environment in which to transact the business of the unified court system. These services and activities include, but are not limited to: removal of trash and debris; maintenance of appropriate standards of hygiene; painting; pest control; and replacement of consumable items such as light bulbs, soap, toilet paper and paper towelling. They also shall include the making of minor repairs in accordance with rules of the chief judge.
(c) the term "political subdivision" shall include each county of the state outside the city of New York and each city of the state.
2. Commencing April first, nineteen hundred ninety-eight, the state shall be responsible for the cleaning of court facilities and, subject to the provisions of paragraphs (b) and (c) of subdivision three of this section, shall pay the cost thereof out of funds appropriated from the court facilities incentive aid fund to the judiciary for that purpose.
3. (a) Notwithstanding any provision herein, the state shall enter into a contract with a political subdivision pursuant to which such political subdivision shall provide for the cleaning of court facilities located therein except that, where any such political subdivision shall fail to comply with the provisions of such contract, the chief administrator may proceed pursuant to an alternative plan for the cleaning of court facilities located in such political subdivision subject to the approval of such alternative plan by the court facilities capital review board in the same manner as the approval of the capital plan of a political subdivision pursuant to section sixteen hundred eighty-c of the public authorities law.
(b) Any contract with a political subdivision entered pursuant to paragraph (a) of this subdivision for the cleaning of court facilities in that political subdivision during a fiscal year ending prior to April first, two thousand one shall provide that the political subdivision shall pay the cost of such cleaning in the first instance and that the state shall reimburse the political subdivision from funds appropriated from the court facilities incentive aid fund an amount equaling: (i) twenty-five percent of all expenses the political subdivision actually and necessarily incurred in compliance with this paragraph if the fiscal year commenced April first, nineteen hundred ninety-eight, (ii) fifty percent of all expenses the political subdivision actually and necessarily incurred in compliance with this paragraph if the fiscal year commenced April first, nineteen hundred ninety-nine, and (iii) seventy-five percent of all expenses the political subdivision actually and necessarily incurred in compliance with this paragraph if the fiscal year commenced April first, two thousand.
(c) Where a political subdivision shall fail to enter into a contract pursuant to paragraph (a) of this subdivision for the cleaning of court facilities in that political subdivision during a fiscal year ending prior to April first, two thousand one or to comply with provisions of such a contract once entered into, and the chief administrator proceeds pursuant to an alternative plan pursuant to such paragraph, the chief administrator shall certify that fact to the state comptroller, the director of the budget, the chair of the senate finance committee and the chair of the assembly ways and means committee, along with the cost of such alternative plan to the state in such fiscal year. In such event, the political subdivision shall be required to reimburse the state for a percentage of such cost as follows:
(i) in the fiscal year commencing April first, nineteen hundred ninety-eight, seventy-five percent;
(ii) in the fiscal year commencing April first, nineteen hundred ninety-nine, fifty percent; and
(iii) in the fiscal year commencing April first, two thousand, twenty-five percent. Effective for each fiscal year in which a political subdivision is required to reimburse the state pursuant to this paragraph, the state comptroller shall: (i) deduct from any moneys payable to such political subdivision from the local assistance fund the amount of such reimbursement, and (ii) transfer the amount of such deduction from the local assistance fund to the court facilities incentive aid fund.
4. Notwithstanding the provisions of subdivisions two and three of this section, where, for a state fiscal year commencing on or after April first, nineteen hundred ninety-eight, a political subdivision demonstrates to the chief administrator that its net liability under this section on account of expenses incurred pursuant to this section for its court facilities during that state fiscal year is greater than the difference between: (i) the amount of those expenses and (ii) the amount of state assistance to which the political subdivision would have been entitled, on account of expenses paid during such fiscal year, pursuant to the provisions of paragraph (a) of subdivision two of section fifty-four-j of the state finance law in effect prior to enactment of chapter six hundred eighty-six of the laws of nineteen hundred ninety-six had such provisions remained in effect, then, for that fiscal year, the amount of reimbursement the political subdivision is owed by the state shall be increased or the amount of reimbursement it owes the state shall be decreased, as appropriate, so that the political subdivision's net liability under this section for the fiscal year equals such difference. For purposes of this subdivision, a political subdivision's net liability under this section for a state fiscal year shall equal: (i) the difference between the amount of the expenses for court facilities in such political subdivision incurred by the state pursuant to this section and the amount of reimbursement owed the state therefor by the political subdivision in such fiscal year, if paragraph (c) of subdivision three of this section applies, or (ii) the amount of reimbursement owed by the state to the political subdivision in such fiscal year pursuant to paragraph (b) of subdivision three of this section, if such paragraph (b) applies.