N.Y. Comp. Codes R. & Regs. tit. 22 § 34.0

Current through Register Vol. 46, No. 51, December 18, 2024
Section 34.0 - Court facilities

In the exercise of responsibility for supervision of the administration and operation of the Unified Court System, the Chief Administrator of the Courts shall encourage, whenever possible and insofar as practicable, compliance with the guidelines for New York State court facilities set forth below.

GUIDELINES FOR NEW YORK STATE COURT FACILITIES

GUIDELINE I: SAFETY

I.1:Safety: Court facilities should have structural design, building materials, methods of construction and fire rating as required by local or state building codes that are applicable in the locality.

Court facilities should have fire alarms, fire extinguisher systems, means of egress and emergency exits as required by applicable building and fire codes.

The use of court facilities should conform, to the extent required, to the Occupational Safety and Health Administration Standards of the U.S. Department of Labor for public buildings.

I.2:Emergency Planning and Evacuation Procedures: Court facilities should have established procedures for the evacuation of facilities in case of fire or bomb threats, a system of communication in case of an emergency and the appointment of wardens to conduct fire drills at regular intervals. In addition, there should be safety officers to assure that required safety measures are established and followed at all times. A multicourt facility should have one safety officer with responsibility for the entire facility.

GUIDELINE II: ACCESS FOR THE HANDICAPPED

Court facilities should be accessible to the physically handicapped as required by Article 15 of the State's Executive Law and accepted architectural standards.

GUIDELINE III: ENVIRONMENT

Detailed technical criteria may be obtained from the New York State Office of Court Administration.

III.1:Overall Appearance: Court facilities should have an overall appearance of dignity and efficiency.

The appearance of court facilities affects the attitude of litigants, attorneys, the public and court employees. Therefore, court facilities should be continuously well maintained.

III.2:Adequate Facilities and Areas: Court facilities should provide the required number of courtrooms, chambers, jury deliberation rooms, attorney/client conference rooms, clerical and other offices of adequate size as set forth below in these guidelines. An inadequate number of facilities delays the administration of justice.
III.3:Heating, Cooling and Humidity: Design should emphasize energy conservation. Court facilities should follow the standards set by the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE).
III.4:Ventilation: A fresh, contaminant-free air supply should be provided. ASHRAE standards should be followed.
III.5:Lighting: Court facilities should have adequate lighting levels that comply with the standards set by the Illuminating Engineering Society. Consideration should be given to energy conservation.
III.6:Color Scheme and Contrast: The color scheme should be sober and dignified, the colors easy to maintain. The following level of color contrast is suggested:

* Courtrooms .. Low contrast ...................................................................................................................

* Offices, jury rooms, conference rooms, chambers .. Medium contrast .............................................

* Public lobbies, conference rooms, storage areas .. Heavy contrast ...................................................

III.7:Acoustics: Court facilities should provide a comfortable acoustical environment suitable for public trials, hearings, office work and research.

There should be no vibration noise due to mechanical systems (heating, air-conditioning, elevators, plumbing, creaky staircases, doors, windows and mechanical equipment).

Jury deliberation rooms and family court hearing rooms (courtrooms) should be soundproof.

Courtrooms should be free from outside noise disturbance and should be so constructed as to assure that all the participants in the well area are able to hear the proceedings.

Sound amplification may be necessary in large courtrooms, jury assembly areas, and large family court waiting rooms.

III.8:Vision and Sightlines: In courtrooms, every participant in the well area should have a clear and adequate view of all other participants.

Detention areas and travel paths for incarcerated persons should provide clear and maximum vision for easy supervision of detainees.

III.9:Confidentiality: Functions which require a considerable degree of confidentiality--such as jury deliberation; attorney/client conferences; attorney/defendant interviews; conferences with judges, clerks and probation officers; and adoption proceedings--should be housed in private rooms.
III.10:Cleaning and Maintenance: Court facilities should be clean and hygienic. Floor, wall, ceiling, door and window components should be devoid of deterioration and in working condition. Electrical, plumbing, heating and cooling systems should be maintained in an operating condition.

GUIDELINE IV: SIGNS AND PUBLIC INFORMATION

IV.1:Exterior of the Building: The building should clearly be designated as a courthouse. If there are one or more courtrooms within a building housing other functions, it is particularly important that the existence of these courtrooms is made clear in a place easily seen by the public.
IV.2:Directory: Prominently displayed just within the main doors should be a building directory, bilingual where appropriate. There should be a listing of the location of courtrooms, court-related services, and ancillary agencies. If the courthouse functions are spread among a number of buildings, the courtroom services and the addresses of (and directions to) the other buildings should be posted.
IV.3:Door and Wall Signs: Signs should be posted at the door to each courtroom clearly identifying that part. In addition, directional wall signs, bilingual where appropriate, should be used in buildings where long corridors or confusing layouts indicate they would be useful.
IV.4:Information Service: Where possible, there should be information desks strategically placed in public areas of the courthouse and staffed where necessary by bilingual personnel to direct defendants and their friends and relatives, witnesses, jurors, and spectators to their destinations.

Where personnel are not available to establish such a service, consideration should be given to employing well-trained citizen volunteers.

If such a service is not established, there should be an office, such as that of the Court Clerk, designated as the place for the public to receive information and have their questions answered. Such public information offices should be clearly marked as such, and should be listed in the directory.

IV.5:Posting of Calendars: Copies of all daily part calendars in that courthouse should be posted at a central location, and each courtroom should have that room's calendar posted immediately outside.

GUIDELINE V: DESIGN GUIDELINES FOR PROPOSED COURTHOUSES

V.1:When to Build a New Courthouse: Building a new courthouse should be considered when:
A. The existing structure needs replacement because of structural and other deterioration which would require more financing to remedy than would be needed for a new courthouse.
B. The existing needs for court facilities far exceed those that can be accommodated in the existing structure even with extensive renovation.
C. Expansion of the existing structure to accommodate present and projected future needs cannot be accomplished by building an addition to the existing structure.
D. The space and facility needs of the courts in conjunction with the needs of other governmental agencies would be best met by building a new structure.
E. Where court facilities are substantially located in leased spaces and where it would be more cost-effective to house them in a new publicly-owned structure.
F. Where the historic landmark status or the structure prohibits suitable renovations of the existing courthouse.
V.2:Recycling of Existing Structures: New Court facilities may be created by renovating existing structures, such as schools, commercial structures, warehouses or hospitals, as long as the existing structure allows functional layout and design of court facilities with appropriate internal and external symbolism and aesthetic qualities appropriate for a courthouse.
V.3:Long-Term Court Needs: New court facilities should be built to accommodate current and projected needs over the period of the expected life of the new structure. The space and facility needs should be based, wherever possible, on projection of workload, the number of people required to carry out the workload and the space required to house these people.
V.4:Multipurpose Use, Time-Sharing and Flexibility: The translation of projected space and facility needs into a building program should take into account multiple use of facilities, time-sharing of facilities, and inbuilt flexibility of use of spaces.
A. The total number of large courtrooms should be based on the absolute number of full-time, year-round requirements for court parts that have a need for a large public seating capacity (between 100-120).
B. The number of small courtrooms should be based on the total projected needs of all the courts to be housed in the building. No courtroom should be so small that it cannot be converted to properly accommodate a 16-person jury box in its well area.
C. Courtrooms should be so located on the floor as to allow separate access for incarcerated persons to all the courtrooms, if so required, in the future.
D. Where judges' chambers are located on the same floor in close proximity to the courtrooms, separate robing and conference rooms adjacent to the courtrooms are not required.
E. The number of jury deliberation rooms to be provided should be based on the current and projected future jury trial rate within the jurisdiction, but that number should not be less than the jury trial rate throughout the State. One jury deliberation room for each courtroom may not be required.
F. The number of attorney/client conference rooms, waiting rooms, and alternate jurors waiting rooms should be based on the principle of shared use of rooms.
G. The holding facilities for incarcerated persons adjacent to courtrooms should allow the separation of males and females.
H. Holding facilities for incarcerated persons adjacent to courtrooms should provide for at least one secure attorney/defendant interview room.
I. Large multi-courtroom facilities proposed for construction or major renovation should take into account, to the extent feasible, the need for attorneys' waiting rooms, accessible law libraries, public waiting areas, public address systems in public areas, jurors' areas, and designated eating areas for cafeteria facilities.
V.5:Transportation/Accessibility: The courthouse site should be convenient to transportation of the public, attorneys and incarcerated persons.
V.6:Proximity to Court-Related Agencies: The courthouse site should be in close proximity to other related agency locations such as District Attorney's offices, probation offices and County Clerks' offices.
V.7:Separate Building Blocks: Consideration should be given to building two separate blocks - one for courtrooms and ancillary spaces, which require higher ceilings, and the other to accommodate office-type functions with lower ceilings. If appropriately connected to each other, these could lend themselves to the design and installation of cost-effective systems for heating, cooling, security and maintenance, at the same time providing vertical expansion in the future, if required.
V.8:Site Layout, Parking and Landscaping: The site layout should, where feasible, take into account parking needs of court users. Consideration should be given to the security of the parking areas and the separate entrances to the courthouse. The site layout should provide for aesthetically planned, but easy to maintain, grounds and landscape of the surrounding area.
V.9:Character of Building Design and Symbolism: The new courthouse design should project the traditional values of symbolism and retain the character of the area by using appropriate materials and fenestration.
V.10:Placement of Related Functions: Within the building, the functions that require heavy public access, such as clerks' offices and jury assembly area, should be placed on the main and lower floors to minimize the use of elevators, to allow closing off of the upper floors when not in use, and to allow zoning of the heating and cooling systems which can be shut off when the other floors are not in use. By providing clerical space for all courts in the structure on the same or adjacent floors, greater flexibility should be achieved in the allocation of space for clerical functions of different courts. Space can be saved by combining public areas for clerks' offices and photocopying, mail, supplies and general storage areas of all courts. Space can also be saved by allowing flexible use of secondary spaces for record storage by all courts.
V.11:Use of Building Components Offering Flexibility: The design of building components such as nonload-bearing partitions, doors, electrical fixtures, ceiling and floor finishes into integrated systems should allow flexibility in rearranging spaces.
V.12:Choice of Building Materials: Building materials should be chosen for cost-effective maintenance, resistance to vandalism, acoustical qualities and safety.
V.13:Separate Circulation Patterns: The layout should provide for a separate pattern of circulation of judges, jurors, incarcerated persons and the public. Spaces and facilities should be appropriately grouped together as secure, private, semi- private and public areas.

The layout should also be readily understandable to users unfamiliar with the facility. This should minimize the need for signs and avoid intrusion of the public into private areas.

GUIDELINE VI: DESIGN GUIDELINES FOR SECURITY

VI.1:Entrances: The entrances to the structure should be kept to a minimum. Separate entrances may be necessary for the public, judges, staff, incarcerated persons and court-related agencies. However, the entrances for judges and staff can be provided with key or card access to minimize security staffing needs.
VI.2:Visibility: The plan and design should provide public corridors and spaces with uninterrupted visibility.
VI.3:Layout and Design: Layout and Design. The layout should be devised so that there are three separate patterns of circulation: the first for judges, impanelled jurors and the court staff; the second for incarcerated persons ; and the third for the public. Such circulation should limit the crossing of paths of these separate groups in order to minimize conflicts and to provide a degree of privacy for judges and jurors

The courthouse design and layout should delineate public, semi-private, private and secure areas. Private areas would include such areas as judges' chambers or robing rooms, impanelled or sequestered jurors' areas, jury deliberation rooms and secure areas. The semi-private areas would include the clerical offices. The public areas would include such areas as courtrooms, jury assembly areas, public lobbies, corridors and public restrooms.

In the Family Court, all areas except the public lobbies, waiting rooms, public restrooms and public areas of the clerk's office should be delineated as private areas to insure confidentiality of proceedings and records.

VI.4:Staircases: Staircases should be so constructed as to prevent unauthorized access to secure areas on other floors.
VI.5:Zoned Areas: The courthouse design and layout should allow for the locking off of entire areas or floors when not in use.
VI.6:Doors and Windows: The design of windows and doors should deter access without compromising aesthetic, natural light and view considerations. The use of better components at somewhat higher initial cost should be considered in order to provide better security than afforded by traditional windows, doors, locks and keys. The use of impact-resistant glass or plastic material should be considered in strategic locations.
VI.7:Lighting and Signs: There should be proper and adequate lighting at strategic locations.
VI.8:Comprehensive Design Approach: When a group of structures is being designed, or a new structure is being added to a group of existing buildings, the layout should consider the security needs of all the structures as a group to eliminate the need for separate security forces and electronic surveillance systems for each structure.

GUIDELINE VII: COURTROOM

VII.1: Courtroom - General: The courtroom is one of the most complex design problems of any courthouse, as well as its focal point. Although there are only four (4) basic types of courtrooms-non-jury, civil, criminal and appellate-a large variety of court-room layouts are used. Hearing rooms are less formal courtrooms.

All public courtrooms should have two major functional areas:

i) The well area should provide for the active participants in the judicial proceeding, and
ii) The public area should provide seating for jurors to be empanelled, attorneys waiting for their cases and the public.

The well area and the public area should be divided by a 3-foot high rail with gates or openings at appropriate places.

The public area should be large enough to accommodate jurors to be empanelled, the attorneys waiting for their cases and the public. In jury trial courtrooms the public seating capacity should not be less than 20.

All courtrooms require a minimum of two and a maximum of four entry/exit points. In a jury courtroom, where possible, an entry/exit point should be provided that allows jurors to avoid mixing with the public. Juries should also be seated at an appropriate distance from the public rail in courtrooms. The judge should have separate direct access to the bench. The public and attorneys should also have an entry/ exit point that leads through or by a public seating area. In criminal courtrooms, where possible, a separate entry/exit point should be provided for incarcerated persons away from the bench and the jury box.

Newly constructed or renovated courtrooms in jurisdictions which may wish to hold criminal and civil jury trials in the same courtroom should provide sufficient space in the well area to accommodate a 16-person jury box to handle either criminal or civil cases. (See also guideline V.4 B above.)

Every courtroom should also allow the participants and public to hear all proceedings clearly in normal conversation. Microphones should be used where necessary. (See separate Task Force report on the use of microphones in courtrooms.) The materials used in the courtroom should not produce excessive reverberation or echo. The materials and construction methods used should prevent disruption of court proceedings by outside noise. Where possible, vestibule should be provided at the public entrance to the courtroom or the doors should be soundproof. In existing courtrooms where audibility is poor, microphones should be used. Lighting should be adequate for reading on the work surfaces and for viewing exhibits without producing glare or heat.

The courtroom should have an assigned space for the viewing of exhibits. An exhibit board may be included as an integral part of the courtroom design. If portable stands are to be used, storage space should be provided in an adjacent area, but not necessarily in the courtroom. Coat closets for the public should not be located within the courtroom. Every courtroom should have a working wall clock on the opposite side of the judge's bench.

Where required, adequate electrical outlets and wiring should be provided for the use of audio tapes in evidence, for electronic case processing equipment, for security equipment and for the use of cameras in courtrooms. The basic courtroom design need not be radically changed to accommodate the use of this equipment because the advances in technology are expected to make this equipment unobtrusive.

VII.2:Non-Jury, Public Courtroom (Minimum 600 square feet): The least complicated courtroom type is the non-jury courtroom. Its basis components and requirements are:

- A minimum well area of 24 feet depth and 20 feet width

- A judge's bench

separate exit/entrance

8' x 7' minimum work area raised 12" or 18" above floor level

a shielded working desk 8' x 2'

ability to hear and see all court participants

ability to be heard and seen in all parts of the courtroom

a microphone

adequate overhead lighting

if local conditions require, an emergency alarm audible in the court security office

- A witness stand

raised 6" or 12" above floor level

visible to the bench, attorneys and court reporter

audible throughout the courtroom

a rail and shelf

a microphone

a 3' x 5' minimum area, including circulation space

- A court reporter station

adjacent to the witness stand

ability to observe witness, judge and attorneys

ability to hear every word spoken on record

lockable drawer for storage, if required

lighting similar to judge's

a 3' x 4' work space

- A clerk's station

location next to judge's bench

shielded working desk

lockable drawers

a 5' x 6' area

- Litigants' tables

two separate 6' x 3' tables with at least 3 seats for each table so located as to allow private conversations

easy access to the judge's bench and witness stand

ability to be heard at bench when speaking conversationally

lighting similar to judge's bench

clear view of court proceedings

- Spectator seating

separated by rail from well area

clear view of court proceedings

8-12 square feet per person

VII.3:Civil Jury Trial Courtroom (Minimum 1200 square feet): Civil courtrooms have components and requirements similar to those in the non-jury courtrooms, with the need for the following spaces as well:

- A minimum well area of 24 feet depth and 30 feet width

- Seven-person jury box, requiring

seating for six jurors and one alternate in one or two rows, using comfortable arm swivel chairs in 42 * 22 minimum space per juror

one step between seat rows

ability to clearly see and hear witnesses, judge and attorneys

rail and display shelf with adequate lighting

location of the rail at least three feet from nearest attorney table and the rail separating the spectator area and the public

a footrest may be included

exit/entry outside spectator area

VII.4:Criminal Jury Trial Courtroom (Minimum 1600 square feet): Criminal courtrooms use these additional components and requirements in addition to those listed above:

- Fourteen (instead of seven) person jury box with capacity to add additional jurors

seating for twelve jurors and two to four alternates in two or three rows, using comfortable arm swivel chairs in 4' x 2' minimum per juror

VII.5:Hearing Rooms: (Minimum 300 square feet): Hearing rooms are less formal courtrooms. They may have a judge's bench and a witness stand. Large hearing rooms for civil proceedings may range in size from 900 to 1200 square feet, depending upon the need for space for attorneys and public waiting for their cases. They may also be used for sentencing in bail or parole cases if secure access to detention areas is available to transport defendents to custody after sentencing.
VII.5a:Hearing Rooms in Family Court (600-900 square feet): Family court hearing rooms should have a minimum of 600 square feet in area. The trend towards increased representation and opening of the proceedings to authorized observers may need an area up to 900 square feet. The hearing rooms should be so constructed as to assure the confidentiality of the proceedings both as to sound and vision. The layout and design should satisfy local procedures and degree of formality. Where feasible, separate access and circulation should be provided for persons in custody.
VII.5b:Hearing Rooms for Other Civil Proceedings (Minimum 300 square feet): These should not be less than 300 square feet in area.

The types of courtrooms used in the New York State court system and their minimum square feet requirements are listed in Table 1 on the next page.

VII.6:Table 1

MINIMUM AREA REQUIREMENTS COURTROOMS

Facility

Net Sq. Ft. Minimum Per Unit

Court of Claims Courtroom

1,200

Appellate Term Courtroom

1,200

Special Term Courtroom

1,200

Civil Litigation

Civil Trial Courtroom (7-person jury box)

1,200

Small Claims Courtroom

1,200

Hearing Room (Large)

900

Hearing Room (Medium)

600

Hearing Room (Small)

300

Criminal Litigation

Felony Trial Courtroom (14-person jury box)

1,600

Misdemeanor Trial Courtroom (7-person jury box)

1,200

Arraignment Courtroom and Summons Part Courtroom

1,200

Family Court

Hearing Room

600 - 900

Surrogate's Court

Courtroom (7-person jury box)

1,200

City Court

Courtroom (7-person jury box)

1,200

These are recommended minimum net areas. Smaller courtrooms with original or unusual design may be satisfactory and adequate for local needs.

Larger courtroom may be needed where volume of cases and the number of spectators are greater.

For 4 alternate jurors, 2 additional chairs could be placed on the side or in front of the jury box.

1 These are recommended minimum net areas. Smaller courtrooms with original or unusual design may be satisfactory and adequate for local needs.
2 Larger courtroom may be needed where volume of cases and the number of spectators are greater.
3 For 4 alternate jurors, 2 additional chairs could be placed on the side or in front of the jury box.

GUIDELINE VIII: COURTROOM ANCILLARY FACILITIES

VIII.1: Robing Room (Minimum 200 square feet): If the judge' s chambers are located away from the courtrooms, robing rooms should be provided adjacent thereto. Direct access from the robing room to the bench in the courtroom should be provided. The robing rooms should have a table and chairs where the judge can hold conference with attorneys and parties. A robing room should also have a restroom or private access to judges' restroom.
VIII.2:Jury Deliberation Rooms: Six-Person Jury Deliberation Room (Minimum 200 square feet); Twelve-Person Deliberation Room (Minimum 325 square feet): The jury deliberation room should be adjacent to courtrooms with access through non-public corridors. It should not be accessible to the public and should be so planned as to allow use of the courtrooms for other matters while the jury is deliberating. It should be so constructed as to ensure confidentiality and should include:

a coat closet

a minimum of one restroom

proper ventilation

a table large enough to accommodate all jurors

comfortable chairs

alarm buzzer to call guard

privacy should be assured both as to vision and sound

VIII.3:Attorney/Client Conference Room, Witness Waiting Room, Alternate Juror Waiting Room (Minimum 100 square feet - a somewhat large size is recommended to allow flexibility in use): An adequate number of rooms should be provided on each courtroom floor, adjacent to courtrooms and accessible from public waiting areas or from the courtrooms. The rooms should provide convenient access to a telephone. They should be located and furnished to allow them to be also used in other ways.

Note: In larger, high volume courthouses, it may be desirable or feasible to provide for attorneys' waiting rooms, public address systems in public areas, and additional conveniently located telephones. It is also desirable to take into account, to the extent feasible, the particular needs of defense and prosecution attorneys and court related agencies in busy courthouses handling criminal (or juvenile) matters.

VIII.4:Holding Facilities For Incarcerated Persons Adjacent To Courtroom (Minimum 20 square feet per person, 80 square feet per cell): Courtrooms planned for criminal proceedings should have adjacent holding facilities for incarcerated persons planned to allow for separate holding of males and females with adequate privacy. Where feasible, the access to the courtroom should be located away from the bench and the jury box. Access to the central holding area in the courthouse or to the incarcerated persons receiving area of the building should be by secure elevators. Adequate space for the guards should be located so as to allow easy supervision of the incarcerated persons.

Holding facilities for incarcerated persons should be provided with a secure alternative means of egress, such as separate staircases, in case of fire. The building materials and methods of construction should comply with appropriate provisions of the New York State Commission of Correction Planning and Design Guidelines for Construction Renovation Programs. Plans for new holding areas are required to be filed with the Commission for approval prior to commencement of construction (Correction Law, section 45[10]).

VIII.5:Secure Attorney/Incarcerated Persons Interview Room (Minimum 50 square feet): Holding facilities for incarcerated persons next to courtrooms as well as any court supervised central holding facility (if any) in the courthouse should provide secure interview rooms for attorneys to confer with their clients. For busy arraignment courtrooms large holding areas may be necessary and should provide an adequate number of secure interview rooms. The interview rooms should provide for visual surveillance by security personnel and should be so constructed that the conversation between the attorney and his client is private.
VIII.6:Public Waiting Areas Adjacent to Courtroom (Minimum 12 square feet per person): Adequate public waiting areas should be provided adjacent to courtrooms with easy access to public restrooms and telephones. These areas should be easy to maintain and should have such ashtrays and refuse receptacles as are necessary. The courtroom number, name of presiding judge, display of case calendars and emergency exit signs should be clearly visible. Where court procedures prevent wearing of hats and coats in the courtroom, coat racks should be provided.

In Family Courts separate waiting rooms for juveniles and adults are mandatory.

VIII.7:Examination Before Trial Room (Minimum 200 square feet): It is desirable to include an adequate number of Examination Before Trial (EBT) rooms which are accessible from the public area but which can be supervised by the court clerk. These rooms can be used for other purposes when not in use as EBT rooms.

The minimum square foot requirements of courtroom ancillary facilities are listed in Table 2.

VIII.8:Children's Center (Minimum 35 square feet of primary activity space per child exclusive of administrative and ancillary spaces such as staff offices, storage space, bathrooms and hallways, with a minimum total square footage of 150 square feet): A separate, enclosed and safe environment should be provided for children who are in court in connection with matters involving them or their caregivers. The center should be of sufficient size to accommodate a variety of furniture, equipment, toys, books and materials appropriate to the age of the children served, and also should include appropriate storage for such equipment, toys, books and materials, as well as secure storage for children's personal belongings. The center should include toilet facilities and changing tables for children whenever practicable, or such facilities should be otherwise accessible in a nearby restroom.
VIII.9:Table 2

MINIMUM AREA REQUIREMENTS COURTROOM ANCILLARY FACILITIES

Facility

Net Sq. Ft. Minimum Per Unit

Robing Room

200

Six-Person Jury Deliberation Room

200

Twelve-Person Jury Deliberation Room

325

Attorney/Client Conference Room, Witness Waiting Room and Alternate Juror Waiting Room

100 20/Per Person

Holding Facilities for Incarcerated Persons Adjacent to Courtrooms

80/Per Cell

Secure Attorney/Incarcerated Persons Interview Room

50

Public Waiting Adjacent to Courtroom

12/Per Person

Examination Before Trial Room

200

Children's Center

35 of primary activity space/per child

GUIDELINE IX: JUDGE'S FACILITIES

IX.1:Judge's Chambers: The office occupied by the judge (200 square feet minimum) should be located close to the courtrooms or, in large courthouses, on a separate floor. In either case, judge's chambers should be private with as convenient an access to the courtroom as is reasonably possible.

- The judge's chambers should have:

a private office and working area for the judge

a private restroom or access to a private judges' restroom

space in the office or in an adjacent conference area

immediate access to the secretary and any law clerk

privacy both as to sound and vision

IX.2:Judge's Secretary's Office/Reception (Minimum 200 square feet): Located at the public access to the chambers, this office should provide waiting space for visitors and work/storage space for the judge's secretary.
IX.3:Law Clerk's Office (Minimum 150 square feet): The judge's law clerk should have a private office with work area and shelving for a working law library. The law clerk should have easy access to the judge.
IX.4:Central Reception Area (200-300 square feet): In larger courthouses, if judges' chambers are grouped together on a separate floor or in a separate area, a central reception area should be provided to screen and announce the visitors. Where necessary, security personnel should be present in such an area.
IX.5:Judges' Conference Room (Minimum 20 square feet per person): In larger courthouses, a room may be provided for the judges for conferences and use as a lunchroom. This room should provide a kitchenette and area for a refrigerator and storage.
IX.6:Law Library: In larger courthouses, a central law library should be conveniently located for use by the judges and the legal staff and, where appropriate, for shared use by such attorneys as are active in the courthouse at the time.
IX.7:Judges' Parking: If car parking provisions are possible judges' parking should be so planned as to provide adequate security and direct access to the judges' entrance of the courthouse.

The minimum square foot requirements of judges' facilities are listed in Table 3.

IX.8:Table 3

MINIMUM AREA REQUIREMENTS JUDGE'S FACILITIES

Facility

Net Sq. Ft. Minimum Per Unit

Judge's Office

200

Secretary's Office/Reception

200

Law Clerk's Office

150

Central Reception Area

200-300

Judge's Room

20/Per Person

Law Library

As Required

Judges' Parking

As Required

GUIDELINE X: JUROR FACILITIES

X.1:Jury Assembly (12-20 square feet per person): Courthouses with three (3) or more jury trial courtrooms should include a juror assembly area adequate in size to accommodate the number of jurors required on an average busy day. The assembly area should be comfortably furnished, with separate restrooms and adequate space designed for appropriate orientation. Separation of smokers and nonsmokers may be advisable.

- The assembly area should:

be close to the building entrance, but separated from public areas

have a public counter for identification and processing by court employees

have adequate means to make announcements in all areas

be accessible to impanelling rooms

be accessible to courtrooms without unnecessary exposure to the public

X.2:Jury Impanelling Room - Civil Cases (Minimum 300 square feet for 7-person panel): Jury impanelling rooms should be planned to accommodate up to 20 jurors, attorneys for parties, a table to conduct voir dire, and 7 seats for jurors selected. The impanelling room can double as a waiting room.
X.3:Commissioner of Jurors (Jury Clerk's) Office: Depending upon the size of the jury operation, offices are necessary to provide adequate space and offices for the Commissioner of Jurors (or the Jury Clerk) and his staff. The following may be necessary:

private offices

shared clerical offices

interview booths for juror qualification

space for juror call-in equipment

records storage space

mail, copying and supply storage

These offices should be planned as close to the juror assembly areas as possible to allow better utilization of staff resources.

The minimum square foot requirements of juror facilities are listed in Table 4.

X.4Table 4

MINIMUM AREA REQUIREMENTS JUROR FACILITIES

Facility

Net Sq. Ft. Minimum Per Unit

Assembly

12-20/Per Person

Impanelling Room

300

Commissioner of Jurors Office

As Required

GUIDELINE XI: CLERICAL FACILITIES

XI.1:Clerk's Office: The clerk's office is generally the most visible and heavily used part of the courthouse. It is responsible for processing all documents, keeping records, and answering questions from the public. The clerks' offices should be located near the main entrance of the building but should, to the extent possible, have private access to judges' chambers and the courtrooms.

The clerk's office should include:

- A public area for waiting/reception (20 square feet per person - minimum 100 square feet)

a public counter

a cashier's station with adequate security

a table for public use

seats for waiting

copying machine (coin operated) for public use

display boards

public records access area

- General office area behind counter with no public access

working desks - 85-95 square feet per employee

record files for current work

electronic data processing equipment, if necessary

- Private areas

offices for chief clerk and assistants

conference room (20 square feet/person)

microfilm room, if necessary

records storage area

mail, supply, photocopying and general supplies areas

vault or safe for storage of cash, important records or evidence

- Staff facilities as required by law

Table 5 shows the minimum square foot requirements of clerks' offices by title and type of office.

XI.2:Table 5

MINIMUM AREA REQUIREMENTS CLERICAL FACILITIES

Facility

Type of Office

Net Sq. Ft. Minimum Per Unit

Chief Clerk

Private

200

Assistants

As Required

Public Space and Counter

-

20 sq. ft. per person minimum 100

General Office Area

-

85-95 sq. ft. per person

Records Storage, Vault

-

As Required

Microfilm Room, Storage

-

As Required

Supplies, General Storage

-

As Required

Reproduction and Mail Room

-

As Required

Staff Facilities:

Male/Female Restrooms

-

As Required by law

Sick Room for Women

-

As Required by law

Lounge/Lunch Room

-

As Required

GUIDELINE XII: SUPPORT STAFF FACILITIES

XII.1:General: Office-type space should be provided for law assistants, law stenographers, court reporters, transcribers and interpreters. In large courthouse a number of personnel of the same title performing similar functions may be housed in one area close to other related functions for ease of supervision and assignments and to provide the required degree of privacy or public accessibility to the group as a whole.
XII.2:Law, Assistant's Office (Minimum 150 square feet per office): Private offices should be provided close to the law library and to the judge's chambers. Law assistants perform legal research on pending cases and, therefore, the location of their offices should provide adequate confidentiality.
XII.3:Law Stenographer's Office (Minimum 80 square feet per person): Law Stenographers type legal memoranda prepared by law assistants on pending cases as well as decisions and rulings rendered by judges in cases before them. Location of their offices should not allow public access. A pool of law stenographers should be housed in a shared space with access to photocopy equipment and lockable short-time storage equipment. A private office for the supervisor may be necessary.
XII.4:Court Reporter's Office (Minimum 100 square feet per office): Court reporters should have the use of offices in which to transcribe testimony.

In locations where electronic recording equipment is used, secure storage space for equipment, and tapes and space for transcribers should be provided.

XII.5:Transcriber's Office (Minimum 60 square feet per person): Semi-private of offices using sound-absorbent cubicles or shared offices should be provided to transcribers close to the court reporters' offices and tape/equipment storage room. Soundproofing may be necessary.
XII.6:Interpreter's Office (Minimum 60 square feet per person): Should the court employ full-time interpreters they should be provided with a designated waiting station.

The minimum area requirements for support staff facilities are listed in Table 6.

XII.7:Table 6

MINIMUM AREA REQUIREMENTS SUPPORT STAFF FACILITIES

Facility

Type of Office

Net Sq. Ft. Minimum Per Unit

Law Assistant's Office

Private

150

Law Stenographer's Office

Shared

80

Court Report's Office

Shared

100

Transcriber's Office

Shared

60

Interpreter's Station

Shared

As Required

GUIDELINE XIII: SECURITY PERSONNEL FACILITIES

XIII.1:Security Station with First-Aid Facilities (Minimum 160 square feet): Security stations should be located at strategic locations in the courthouse to complement the courthouse security system composed of electronic equipment, if any, and the security personnel. A security station at the main entrance should allow screening of the persons entering the courthouse. A security control station should also be established as a communication center to act in emergencies. The office of the person in charge of security may act as the control station or the command station.
XIII.2:Security Chief's Office (Minimum 120 square feet): The person in charge of security should have a private office which acts as a communications center and a command/control station. Any audio/visual security system should be connected to this station and should be able to be activated from this station in case of emergencies. The security personnel may be required to report here for duty. This office should have a safe for deposit of firearms or confiscated weapons.
XIII.3:Security Personnel Lockers (12 square feet per person): Where a courthouse utilizes uniformed security personnel, secure separate locker spaces should be provided. This facility can be located in secondary spaces (basement or windowless spaces) in the building.

The minimum area requirement of security personnel facilities are listed in Table 7.

XIII.4:Table 7

MINIMUM AREA REQUIREMENTS SECURITY PERSONNEL FACILITIES

Facility

Type of Office

Net Sq. Ft. Minimum Per Unit

Security Station with first-aid facilities

160

Security Chief's Office

Private

120

Uniformed Security Personnel Lockers

Secondary Space

12/Per Locker

GUIDELINE XIV: FACILITIES FOR THE PUBLIC

XIV.1:Public Waiting and Information Spaces: The main entrance lobby and areas outside the courtrooms should be adequate for public waiting. These spaces should also prominently display courthouse directory, directional signs, and court calendars. Adequate public pay telephones should be placed in this area. Access doors to private areas should be clearly marked as private. Unmarked doors and panels should be kept locked. Drinking water fountains should be located in these areas.
XIV.2:Public Restrooms Male/Female (As per building code): Restrooms for public use should be located close to public waiting areas and clearly marked.
XIV.3:Press Room (120 square feet): A room may be set aside for use by media representatives when assigned to the courthouse. Public pay telephones should be located in or close to this room.
XIV.4:Table 8

MINIMUM AREA REQUIREMENTS FACILITIES FOR THE PUBLIC

Facility

Net Sq. Ft. Minimum Per Unit

Public Waiting

12/Per Person

Information Booth

As Required

Male/Female Restrooms

As Per Building Code

Press Room

120

XIV.5:Eating Facilities: Where other alternatives are not readily accessible, consideration should be given to providing eating facilities for court employees, attorneys, jury members or the public.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 34.0

Amended eff. 12/12/2023..
Amended New York State Register January 24, 2024/Volume XLVI, Issue 4, eff. 1/24/2024