N.Y. Comp. Codes R. & Regs. tit. 22 § 205.32

Current through Register Vol. 46, No. 45, November 2, 2024

Section 205.32 - Support magistrates

(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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.32