PART 126. Compensation And Expenses Of Judges And Justices Temporarily Assigned To A City Court Or A Justice Court

Section 126.1 General.

Each part-time judge or justice of a city, town or village court who is temporarily assigned to a city court pursuant to section 107 of the Uniform City Court Act, shall receive $250 per day, or such lesser amount as his or her order of assignment may specify, for each day or part thereof during which such judge or justice actually performs judicial duties in accordance with such assignment in a courtroom or other facility designated for court appearances, provided that a judge or justice who performs such judicial duties for one half day or less shall receive $125 per day. There shall be no compensation for out- of-court work performed by any such judge or justice while on temporary assignment. Such judge or justice shall be reimbursed for out-of-pocket expenses reasonably and necessarily incurred in the performance of his or her duties while on temporary assignment in accordance with the provisions of Part 102 of this Title.

Historical Note
Sec. filed Nov. 1, 1985; amds. filed: July 3, 1989; April 15, 2002 eff. April 8, 2002.

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Section 126.2

Each part-time judge or justice of a city, town or village court who is temporarily assigned to a town or village court pursuant to section 106(2) of the Uniform Justice Court Act shall receive compensation as set forth in section 126.1 of this Part if the temporary assignment is the result of the death, disability or other incapacity of a justice in the receiving court, or any vacancy in that office.

Added 126.2 July 18, 2007

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Section 126.3 Off-Hours Arraignment Parts

Each judge or justice of a city, town or village court temporarily assigned to an off-hours arraignment part established by the Chief Administrator pursuant to Judiciary Law ยง 212(1)(w) shall receive $400 per day, or $200 per half-day, for each day or half-day period of service during which such judge or justice performs one or more judicial functions in the off-hours part. Where an assignment requires a participating judge or justice to remain available on-call for service in an off-hours arraignment part, there shall be no compensation for any day or half-day period of service that does not include at least one in-court judicial function. No state-paid judge may receive compensation under this Part for service in an off-hours arraignment part in lieu of regularly scheduled service in a state paid court without the approval of the Chief Administrator.

Added 126.3 on Sept. 28, 2017

Amended on Dec. 28, 2023

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