New York State - Judiciary - JUD - Article 3
ARTICLE 3 COURT OF APPEALS
Section 51. Court of appeals may make rules of practice for its court.
52. General rule or order of court of appeals must be published.
53. Rule-making power of court of appeals as to admission of attorneys and counsellors.
54. Terms of court of appeals.
55. Chambers for judges of court of appeals.
56. Court of appeals to appoint state board of law examiners.
57. Appointment of clerks, messenger and attendants.
58. Appointment of clerks to judges of court of appeals.
59. Duty of court of appeals to direct action on forfeiture of bond given by clerk of court.
60. Court of appeals building.
§ 51. Court of appeals may make rules of practice for its court. The court of appeals may from time to time adopt, amend, or rescind rules, not inconsistent with the constitution or statutes of the state, regulating the practice and proceedings in the court.
§ 52. General rule or order of court of appeals must be published. A general rule or order of the court of appeals does not take effect until it has been published in the state register.
§ 53. Rule-making power of court of appeals as to admission of attorneys and counsellors. 1. The court of appeals may from time to time adopt, amend, or rescind rules not inconsistent with the constitution or statutes of the state, regulating the admission of attorneys and counsellors at law, to practice in all the courts of record of the state.
2. The court may make such provisions as it shall deem proper for admission to practice as attorneys and counsellors, of persons who have been admitted to practice in other states or countries.
3. The court shall prescribe rules providing for a uniform system of examination of candidates for admission to practice as attorneys and counsellors, which shall govern the state board of law examiners in the performance of its duties. The court shall not by its rules cause to be barred from examination or, upon successful completion of the examination process, subsequent admission to the state bar, provided he or she shall otherwise meet any requirements for admission, any person who is currently admitted to practice in the jurisdiction of another state and has received a degree from a law school which qualifies such person to practice law in such state, other than a law school which grants credit for correspondence courses, provided that such person has been engaged in the actual practice of law in the state in which they are admitted for no less than five years.
4. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of record of the state, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment to such rules must, within five days after it is adopted, be filed in the office of the secretary of state.
5. Nothing contained in this chapter prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship required from an applicant, or with the examination where the applicant is a graduate of the Albany law school, Union university, or of the New York university school of law, or of the school of law of Columbia university, or of the university of Buffalo school of law, or of the Cornell law school, or of the Syracuse university college of law, or of the Brooklyn law school, or of the Fordham university school of law, or of any law school, duly registered by the regents of the university of the state of New York which requires a three year course for graduation and produces his diploma upon his application for admission to practice.
6. Nothing contained in this chapter prevents the court of appeals from adopting rules for the licensing, as a legal consultant, without examination and without regard to citizenship, of a person admitted to practice in a foreign country as an attorney or counsellor or the equivalent. Any person so licensed shall not practice in the courts of the state but may render legal services in the state within limitations prescribed in rules adopted by the court of appeals and shall subject to the foregoing be governed by the provisions of section ninety and article fifteen of this chapter.
§ 54. Terms of court of appeals. The terms of the court of appeals must be appointed to be held at such times and places as the court thinks proper, and continued as long as the public interest requires.
A term of the court may be appointed to be held in a building other than that designated by law for holding courts.
A term may be adjourned from the place where it is appointed to be held, to another place in the same city.
One or more of the judges may adjourn a term, without day, or to a day certain.
§ 55. Chambers for judges of court of appeals. In case of the refusal or neglect of the board of supervisors of a county to provide chambers for a resident judge of the court of appeals pursuant to section two hundred eighteen of the county law, the judge may rent and maintain chambers in such county offices suitable for his or her use, and the necessary expense thereof shall be a charge upon the county and, when paid, subject to reimbursement by the state in accordance with section fifty-four-j of the state finance law as if the county had leased the facilities for such chambers.
§ 56. Court of appeals to appoint state board of law examiners. The court of appeals shall, from time to time, appoint five members of the bar to constitute the state board of law examiners. Each member of such board shall hold office for a term of three years, and until the appointment of his successor.
§ 57. Appointment of clerks, messenger and attendants. The court of appeals may, from time to time, by an order entered in its minutes, appoint and remove its clerk, a law clerk, a messenger, and such attendants or other clerks as it deems necessary.
§ 58. Appointment of clerks to judges of court of appeals. Each judge of the court of appeals may appoint and at pleasure remove a clerk. The chief judge, in addition thereto, is authorized to appoint a confidential clerk.
§ 59. Duty of court of appeals to direct action on forfeiture of bond given by clerk of court. If the bond given by the clerk of the court of appeals, before entering upon his duties, as prescribed by law, is forfeited by a breach of its condition, the court of appeals must, by order, direct an action to be brought thereon. The money recovered must be applied, under the direction of the court of appeals, to indemnify the persons aggrieved by the breach, in proportion to their respective losses, and to make good any other loss, occasioned by the breach.
§ 60. Court of appeals building. The chief judge of the court of appeals shall have supervision and control of the court of appeals building in the city of Albany, with the grounds and premises adjacent or appurtenant thereto or connected therewith belonging to the state so far as such grounds and premises now and hereafter shall be laid out and completed.
Section 51. Court of appeals may make rules of practice for its court.
52. General rule or order of court of appeals must be published.
53. Rule-making power of court of appeals as to admission of attorneys and counsellors.
54. Terms of court of appeals.
55. Chambers for judges of court of appeals.
56. Court of appeals to appoint state board of law examiners.
57. Appointment of clerks, messenger and attendants.
58. Appointment of clerks to judges of court of appeals.
59. Duty of court of appeals to direct action on forfeiture of bond given by clerk of court.
60. Court of appeals building.
§ 51. Court of appeals may make rules of practice for its court. The court of appeals may from time to time adopt, amend, or rescind rules, not inconsistent with the constitution or statutes of the state, regulating the practice and proceedings in the court.
§ 52. General rule or order of court of appeals must be published. A general rule or order of the court of appeals does not take effect until it has been published in the state register.
§ 53. Rule-making power of court of appeals as to admission of attorneys and counsellors. 1. The court of appeals may from time to time adopt, amend, or rescind rules not inconsistent with the constitution or statutes of the state, regulating the admission of attorneys and counsellors at law, to practice in all the courts of record of the state.
2. The court may make such provisions as it shall deem proper for admission to practice as attorneys and counsellors, of persons who have been admitted to practice in other states or countries.
3. The court shall prescribe rules providing for a uniform system of examination of candidates for admission to practice as attorneys and counsellors, which shall govern the state board of law examiners in the performance of its duties. The court shall not by its rules cause to be barred from examination or, upon successful completion of the examination process, subsequent admission to the state bar, provided he or she shall otherwise meet any requirements for admission, any person who is currently admitted to practice in the jurisdiction of another state and has received a degree from a law school which qualifies such person to practice law in such state, other than a law school which grants credit for correspondence courses, provided that such person has been engaged in the actual practice of law in the state in which they are admitted for no less than five years.
4. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of record of the state, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment to such rules must, within five days after it is adopted, be filed in the office of the secretary of state.
5. Nothing contained in this chapter prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship required from an applicant, or with the examination where the applicant is a graduate of the Albany law school, Union university, or of the New York university school of law, or of the school of law of Columbia university, or of the university of Buffalo school of law, or of the Cornell law school, or of the Syracuse university college of law, or of the Brooklyn law school, or of the Fordham university school of law, or of any law school, duly registered by the regents of the university of the state of New York which requires a three year course for graduation and produces his diploma upon his application for admission to practice.
6. Nothing contained in this chapter prevents the court of appeals from adopting rules for the licensing, as a legal consultant, without examination and without regard to citizenship, of a person admitted to practice in a foreign country as an attorney or counsellor or the equivalent. Any person so licensed shall not practice in the courts of the state but may render legal services in the state within limitations prescribed in rules adopted by the court of appeals and shall subject to the foregoing be governed by the provisions of section ninety and article fifteen of this chapter.
§ 54. Terms of court of appeals. The terms of the court of appeals must be appointed to be held at such times and places as the court thinks proper, and continued as long as the public interest requires.
A term of the court may be appointed to be held in a building other than that designated by law for holding courts.
A term may be adjourned from the place where it is appointed to be held, to another place in the same city.
One or more of the judges may adjourn a term, without day, or to a day certain.
§ 55. Chambers for judges of court of appeals. In case of the refusal or neglect of the board of supervisors of a county to provide chambers for a resident judge of the court of appeals pursuant to section two hundred eighteen of the county law, the judge may rent and maintain chambers in such county offices suitable for his or her use, and the necessary expense thereof shall be a charge upon the county and, when paid, subject to reimbursement by the state in accordance with section fifty-four-j of the state finance law as if the county had leased the facilities for such chambers.
§ 56. Court of appeals to appoint state board of law examiners. The court of appeals shall, from time to time, appoint five members of the bar to constitute the state board of law examiners. Each member of such board shall hold office for a term of three years, and until the appointment of his successor.
§ 57. Appointment of clerks, messenger and attendants. The court of appeals may, from time to time, by an order entered in its minutes, appoint and remove its clerk, a law clerk, a messenger, and such attendants or other clerks as it deems necessary.
§ 58. Appointment of clerks to judges of court of appeals. Each judge of the court of appeals may appoint and at pleasure remove a clerk. The chief judge, in addition thereto, is authorized to appoint a confidential clerk.
§ 59. Duty of court of appeals to direct action on forfeiture of bond given by clerk of court. If the bond given by the clerk of the court of appeals, before entering upon his duties, as prescribed by law, is forfeited by a breach of its condition, the court of appeals must, by order, direct an action to be brought thereon. The money recovered must be applied, under the direction of the court of appeals, to indemnify the persons aggrieved by the breach, in proportion to their respective losses, and to make good any other loss, occasioned by the breach.
§ 60. Court of appeals building. The chief judge of the court of appeals shall have supervision and control of the court of appeals building in the city of Albany, with the grounds and premises adjacent or appurtenant thereto or connected therewith belonging to the state so far as such grounds and premises now and hereafter shall be laid out and completed.
