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The Enforceability of Automatic Orders

By Lee Rosenberg
January 31, 2012

The purpose of the Administrative Rules at Title 22 of the New York Code of Rules and Regulations (NYCRR) is clearly to assist in the implementation of court policy and administration, as is set forth in the Preamble of the Rules of the Chief Judge: “The purpose of these standards and policies is to assign and regulate administrative authority in a complex, multi tiered court system.” Rules of the Chief Judge, Part 1. Standards and Administrative Policies: General; 22 NYCRR ' 1.0. The general powers and duties of the Chief Administrative Judge are to “supervise on behalf of the Chief Judge the administration and operation of the unified court system” and, as relevant to the issue at hand, “adopt administrative rules for the efficient and orderly transaction of business in the trial courts, including but not limited to calendar practice, in consultation with the Administrative Board of the Courts or the appropriate Appellate Divisions.” Rules of the Chief Judge, Part 80. Administrative Delegation Number 1: Chief Administrator of the Courts: General Powers and Duties; 22 NYCRR ' 80.1

The Rules of the Chief Administrative Judge ' referencing items that were governed prior to the establishment of Chief Administrator of the Courts ' are required to be consistent with the powers designated under the Rules of the Chief Judge. They state in part: “All administrative regulations, rules, orders and directives for the efficient and orderly transaction of business in the trial courts or the administrative office for the courts in effect on March 31, 1978, adopted pursuant to authority subsequently transferred to the Chief Administrator of the Courts in accordance with article VI, section 28(b) of the Constitution, including but not limited to calendar practice, establishment of hours, terms and parts of court, assignments of judges and justices to them, and designations of administrative judges, are continued in effect until superseded, repealed or modified” (emphasis added). Rules of the Chief Administrator of the Courts, 22 NYCRR ' 103.1.

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