New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter A - Rules Of The Chief Judge
Part 40 - Financial Disclosure
Section 40.2 - Financial disclosure
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 40.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Filing procedure.
(1) Each State-paid judge or
justice, regardless of his or her annual rate of compensation; and each
nonjudicial officer and employee of the Unified Court System who:
(i) receives annual
compensation at or above the job rate of SG-24 as set forth in paragraph (4) of
subdivision (1) of section
130 of the
Civil Service Law as of April 1st of the year in which an annual financial
disclosure statement shall be filed and is not otherwise exempted from filing
pursuant to this Part; or
(ii) holds a policymaking position, as
determined in accordance with subdivision (b) of this section: shall file
annually with the Ethics Commission of the Unified Court System a financial
disclosure statement containing the information and in the form set forth in
the annual statement of financial disclosure adopted by the Chief Judge of the
State of New York. Such statement shall be filed on or before the 15th day of
May with respect to the preceding calendar year.
(2) Any person required to file
such statement who commences employment after the 15th day of April of any year
shall file the statement within 30 days after commencement of
employment.
(3) A
person who is subject to the reporting requirements of this section and who
timely filed with the Internal Revenue Service an application for automatic
extension of time in which to file his or her individual income tax return for
the immediately preceding calendar or fiscal year shall be required to file
such financial disclosure statement in accordance with this section but may,
without prejudice on account of a deficient statement, indicate with respect to
any item of the disclosure statement that information with respect thereto is
lacking but will be supplied in a supplementary statement of financial
disclosure, which shall be filed on or before the seventh day after the
expiration of the period of such automatic extension of time within which to
file such individual income tax return, provided that failure to file or to
timely file such supplementary statement of financial disclosure or the filing
of an incomplete or deficient supplementary statement of financial disclosure
shall be subject to the provisions of section
40.1(k) of this
Part as if such supplementary statement were an annual statement.
(4) A person who is required to
file an annual financial disclosure statement with the Ethics Commission of the
Unified Court System, and who is granted an additional period of time within
which to file such statement due to justifiable cause or undue hardship, in
accordance with required rules and regulations on the subject adopted pursuant
to section
40.1(i)(3) of
this Part, shall file such statement within the additional period of time
granted.
(b) Report of eligible filers. During the month of February in each year, the Chief Administrator of the Courts shall file with the Ethics Commission for the Unified Court System a written instrument that shall set forth the names of:
(1) all State-paid judges and justices;
and
(2) all
State-paid nonjudicial officers and employees of the courts and court-related
agencies of the Unified Court System who receive annual compensation at or
above the job rate of SG-24 as set forth in paragraph (a) of subdivision (1) of
section
130 of the
Civil Service Law as of April 1st of the year in which an annual financial
disclosure statement shall be filed and have not been otherwise exempted from
filing pursuant to this rule, and the names of such nonjudicial officers and
employees who hold policymaking positions in the determination of:
(i) the Chief Judge of the
Court of Appeals, as to personnel of that court;
(ii) the Presiding Justice of
each Appellate Division, as to personnel of that court; and
(iii) the Chief Administrator
of the Courts, as to all other State-paid personnel of the Unified Court
System.
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