N.Y. Comp. Codes R. & Regs. tit. 22 § 200.11

Current through Register Vol. 46, No. 22, May 29, 2024

Section 200.11 - Assignment of criminal actions

Criminal actions shall be assigned as follows:

(a) General. Except as the Chief Administrator of the Courts may otherwise provide, all criminal actions in Supreme Court and in County Court shall be heard and disposed of in accordance with an individual assignment system.

(b) Arraignment-conference part. The Chief Administrator of the Courts may authorize the establishment of an arraignment-conference part for any superior court. Where an arraignment-conference part has been established, upon commencement of a criminal action in the superior court, the action shall be assigned to such part. The judge presiding therein shall arraign the defendant and hear and determine any bail application. If no plea of guilty is entered within 14 calendar days of the defendant's arraignment, or if the judge presiding determines that it is unlikely that a plea of guilty will be entered, the action shall be assigned to a judge as provided in subdivision (c) of this section. If a plea of guilty is entered within such time period, the action shall remain in the arraignment-conference part for sentencing and any further proceedings therein.

(c) Assignment of actions to individual assignment judges. Except as provided in subdivision (b) of this section, upon commencement of a criminal action in the superior court, the action shall be assigned to a judge by the clerk of the court in which it is pending pursuant to a method of random selection authorized by the Chief Administrator. The judge thereby assigned shall be known as the "assigned judge" with respect to such action and, except as otherwise provided in subdivision (d) of this section, shall conduct all further proceedings therein.

(d) Exceptions.

(1) Where the requirements of matters already assigned to a judge are such as to limit the ability of that judge to handle additional cases, the Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases.

(2) The Chief Administrator may authorize the assignment of one or more special reserve trial judges. Such judges may be assigned matters for trial in exceptional circumstances where the needs of the courts require such assignment.

(3) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available.

(4) The Chief Administrator may authorize the transfer of any action and any matter relating to an action from one judge to another in accordance with the needs of the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 200.11