New York Judiciary Law Article 2 - GENERAL PROVISIONS RELATING TO COURTS AND JUDGES

• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 27 - Enacted Without Section Heading.
  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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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: ______________________________________________________________ 1...
• 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...
• 30-f - Seal of Cortland County and of the County Clerk,the Supreme Court and the County Court in Said County.
  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,...
• 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...
• 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...
• 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...
• 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...
• 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 S
  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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...

Last modified: February 3, 2019