Current through Register Vol. 46, No. 39, September 25, 2024
(a) The Chief Administrator of the
Courts, in his or her discretion, may designate as a judicial hearing officer
an eligible person who files an application pursuant to section
122.1 of this Part upon
determination that the applicant has the physical and mental capacity,
competence, work ethic, experience and judicial temperament necessary to
perform the duties of a judicial hearing officer, and is well qualified to
serve on the panels in the courts to which he or she will be
designated.
(b) The
applicant shall undergo a comprehensive physical examination by a physician
designated by the Chief Administrator, who shall issue a report to the Chief
Administrator that the applicant has or has not the physical and mental
capacity to perform competently the duties of a judicial hearing
officer.
(c) In
determining whether to designate an applicant as a judicial hearing officer,
the Chief Administrator shall consult with (1) the Presiding Justice of the
appropriate Appellate Division, (2) the appropriate Deputy Chief Administrator
for the Courts, within or outside the City of New York, (3) the appropriate
administrative judge who shall submit a written evaluation of the applicant,
and (4) the appropriate judicial hearing officer selection advisory committee
established pursuant to subdivision (e) of this section.
(d) The Chief Administrator
also may consult with other appropriate persons and bar associations and
conduct whatever investigation the Chief Administrator deems necessary to
determine the qualifications of an applicant, including requiring additional
medical examinations.
(e)
(1) The Chief Administrator, after
consultation with the Presiding Justice of the appropriate Appellate Division,
shall establish judicial hearing officer selection advisory committees for the
First Judicial Department, the Second Judicial Department within the City of
New York, the Ninth Judicial District of the Second Judicial Department, the
Tenth Judicial District of the Second Judicial Department, the Third Judicial
Department and the Fourth Judicial Department, and shall appoint the members
thereto. Each committee shall consist of seven members, four nonjudicial
members who are practicing attorneys and three members who are either current
or former judges or justices of the Unified Court System. The Chief
Administrator shall designate one member of each committee to serve as
committee chair. Each member shall serve for a term of two years which, shall
be renewable.
(2)
Every applicant for designation to the office of judicial hearing officer shall
be evaluated prior to designation by the committee established for the
principal jurisdiction in which the applicant applies to serve, which shall
interview the applicant and may require the applicant to submit any appropriate
materials. In the event no principal jurisdiction is apparent, the Chief
Administrator shall select the committee that shall evaluate the applicant.
Where the bulk of the applicant's judicial service was in a jurisdiction other
than the principal one in which the applicant is seeking to serve, the
committee may consult with the appropriate committee in that other jurisdiction
and may refer the applicant to that committee for evaluation. The committee
shall set forth whether each applicant is qualified to serve as a judicial
hearing officer based upon competence, work ethic, experience and judicial
temperament necessary to perform duties of a judicial hearing officer. The
Committee also shall specifically advise whether the applicant is qualified to
serve as a judicial hearing officer with respect to (a) criminal actions, (b)
civil actions other than matrimonial actions, and (c) matrimonial
actions.
(f) For purposes of this Part,
evaluation of the competence, work ethic, experience and judicial temperament
of any applicant pursuant to this Part shall include the following:
(1) Competence. Effective case
management and prompt care disposition, knowledge of the law, and quality and
clarity of written opinions.
(2) Work ethic. Punctuality,
preparation and attentiveness, and meeting commitments on time and according to
the rules of the court.
(3) Experience. The nature, length and
proximity in time of judicial services.
(4) Judicial temperament. The ability
to deal patiently with and be courteous to all parties and
participants.
