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5.1 Requirements for appointment of personal assistants to
justices and judges.
(a) Each justice of the Supreme Court may appoint and at
pleasure remove one law clerk to justice and one secretary
to justice. A law clerk to justice appointed pursuant to this
section must meet the requirements set forth in subdivision
(b) of this section. No justice of the Supreme Court may appoint
or continue to employ any other personal assistant to render
legal or clerical services unless approved by the Chief Administrator
of the Courts.
(b) No person shall be appointed, by a judge or justice
of the Court of Appeals, Appellate Division, Supreme Court,
Court of Claims, County Court, Surrogate's Court, and Civil
Court of the City of New York, as a law clerk who is not a
member of the bar of the State of New York or a graduate of
an approved law school eligible to take the New York State
bar examination. Such appointee, if not a member of the bar,
must pass the first such bar examination following his or
her appointment, or else the appointment terminates upon publication
of the examination results. An application in writing for
continuance in service may be made to the Chief Judge of the
Court of Appeals on behalf of a person so employed in that
court, or to the presiding justice of a judicial department
on behalf of a person employed in an Appellate Division or
Appellate Term of that department, or to the Chief Administrator
of the Courts by the appointing authority in any other court
in the Unified Court System except a Town or Village Court,
on behalf of the appointee, and, if approved, said appointee
may continue in service upon condition of taking the next
succeeding bar examination. If the appointee fails to pass
the second examination, his or her continuance in service
automatically terminates upon publication of the results.
This rule shall be subject to applicable statutory provisions,
if any.
Historical Note
Sec. filed April 2, 1979; renum. 106.1, new added by renum.
and amd. 20.3, filed Feb. 2, 1982 eff. Jan. 1, 1982.
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