Current through Register Vol. 46, No. 39, September 25, 2024
(a) Qualifications. Support magistrates
shall be appointed by the Chief Administrator of the Courts to hear and
determine support proceedings in Family Court pursuant to section
439 of the
Family Court Act. They shall be attorneys admitted to the practice of law in
New York for at least five years and shall be knowledgeable with respect to
Family Court procedure, family law and Federal and State support law and
programs.
(b) Term.
(1) Support magistrates shall be
appointed as nonjudicial employees of the Unified Court System on a full-time
basis for a term of three years and, in the discretion of the Chief
Administrator, may be reappointed for subsequent five-year terms, provided that
if the Chief Administrator determines that the employment of a full-time
support magistrate is not required in a particular court, the services of a
full-time support magistrate may be shared by one or more counties or a support
magistrate may be appointed to serve within one or more counties on a part-time
basis.
(2) In the
discretion of the Chief Administrator, an acting support magistrate may be
appointed to serve during a support magistrate's authorized leave of absence.
In making such appointment, the provisions for selection of support magistrates
set forth in subdivision (c) of this section may be modified by the Chief
Administrator as appropriate to the particular circumstances.
(3) A support magistrate shall
be subject to removal or other disciplinary action pursuant to the procedure
set forth in section
25.29(b) of the
Rules of the Chief Judge (22 NYCRR 25.29[b]).
(c) Selection of support
magistrates.
(1) The district
administrative judge for the judicial district in which the county or counties
where the support magistrate is authorized to serve is located, or the
administrative judge for the courts in Nassau County or the administrative
judge for the courts in Suffolk County, if the support magistrate is authorized
to serve in either of those counties, or the administrative judge for the
Family Court within the City of New York, if the support magistrate is to serve
in New York City, shall:
(i)
publish an announcement inviting applications from the bar in any of the
following media: the law journal serving the affected county or counties, a
newspaper of general circulation, or the Unified Court System's website;
and
(ii) communicate
directly with bar associations in the affected county or counties to invite
applicants to apply.
(2) The announcements and communications
shall set forth the qualifications for selection as contained in subdivision
(a) of this section, the compensation, the term of appointment and requirements
concerning restrictions on the private practice of law.
(3) A committee consisting of an
administrative judge, a judge of the Family Court and a designee of the Chief
Administrator shall screen each applicant for qualifications, character and
ability to handle the support magistrate responsibilities, and shall forward
the names of recommended nominees, with a summary of their qualifications, to
the Chief Administrator, who shall make the appointment. The appointment order
shall indicate the court or courts in which the support magistrate shall serve.
The Chief Administrator further may authorize temporary assignments to
additional courts.
(d) Training. The Chief Administrator
shall authorize such training for support magistrates as appropriate to ensure
the effective performance of their duties.
(e) Compensation and expenses.
Compensation for support magistrates shall be fixed by the Chief Administrator.
Support magistrates shall be entitled to reimbursement of actual and necessary
travel expenses in accordance with the rules governing the reimbursement of the
travel expenses of nonjudicial court employees of the State of New
York.
