Pursuant to the authority vested in me, and upon consultation with the Administrative Board of the Courts, I hereby amend, effective immediately, Part 108 of the Rules of the Chief Administrator of the Courts, (1) to repeal all former provisions of Part 108 that had remained in effect on August 16, 2000, as to certain court reporters, and that were not superseded by the amendments to Part 108 promulgated by AO/334/00, and (2) to amend section 108.4, relating to the written agreement for the production of transcripts of court proceedings, to read as follows:

§ 108.4 Written Agreement

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(b) Except as otherwise may be provided in a memorandum of understanding with the Unified Court System, each [Each] court reporter who enters into such written agreement shall file a copy of that agreement in the office of the appropriate Administrative Judge, or his or her designee, no later than seven days after entering into the agreement.

Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective immediately, sections 127.1(a) and (b) and 127.2(a) of the Rules of the Chief Administrator, relating to the assignment and compensation of forensics, to read as follows:

§ 127.1 Assignment and Compensation of Counsel, Psychiatrists, Psychologists, [and] Physicians and Social Workers

(a) Assignments and appointments of counsel, psychiatrists, psychologists, [and] physicians and social workers [pursuant to section 35 of the Judiciary Law] shall be made by the court in accordance with such rules [to] as may be adopted by each Appellate Division. Each Appellate Division may compile and maintain such lists of attorneys, psychiatrists, psychologists, [and] physicians and social workers as it shall deem appropriate for the implementation of its rules. Such rules may provide that the appointment of psychiatrists, psychologists, [and] physicians and social workers shall be made after consultation with the Mental Hygiene Legal Service.

(b) Each claim by assigned counsel, psychiatrist, psychologist, [or] physician or social worker payable from State funds for services rendered to indigent persons, pursuant to section 35 of the Judiciary Law, shall be submitted on forms authorized by the Chief Administrator of the Courts for approval within 45 days after completion of service to the court which made the assignment. Upon approval, the court shall thereupon, within 15 days after receipt, forward such claims to the appropriate Appellate Division for certification to the Comptroller for payment.

§ 127.2 Compensation of Counsel and Other Providers in Extraordinary Circumstances

(a) Whenever an attorney, psychiatrist, psychologist, [or] physician[,] or social worker, or a person providing investigative, expert or other services, seeks compensation in excess of the statutory limits prescribed by Article 18-B of the County Law or section 35 of the Judiciary Law, because of extraordinary circumstances, he or she shall submit with his or her claim a detailed affidavit stating the nature of the proceeding, the manner in which the time was expended, the necessity therefor, and all other facts that demonstrate extraordinary circumstances. If the claim is by an attorney, the attorney shall state the disposition of the matter.

Pursuant to the authority vested in me, and upon consultation with the Administrative Board of the Courts, I hereby amend, effective immediately, section 128.6-a of the Uniform Rules for the Jury System, relating to excusals from jury service, to read as follows:

(b) Excusal.

(1) A prospective juror who has received a jury summons may apply to be excused from jury service by submitting a written application for excusal to the commissioner, at such time as the commissioner shall require. Such application for excusal may be granted only if the prospective juror has demonstrated satisfactorily the (i) he or she has a mental or physical condition that renders him or her incapable of performing jury service, or that jury service would cause undue hardship or extreme inconvenience to the prospective juror, a person under his or her care or supervision, or the public, and (ii) he or she will be unable to serve as a juror on a date certain within the time restrictions applicable to postponements set forth in subdivision (a) of this section. The application shall contain documentation, satisfactory to the commissioner, supporting the ground for excusal. The commissioner may, in his or her discretion, consider an application for excusal by a prospective juror before the juror has received a jury summons if the juror has returned the juror qualification questionnaire.

(2) If the application for excusal is granted and the facts underlying the ground for the excusal are not of a permanent nature, the excusal shall be for a specific period of time not to exceed [twenty-four] 24 months or, in extraordinary cases, beyond 24 months, after which the prospective juror shall become eligible for re-qualification as a juror. If the facts underlying the ground for excusal are of a permanent nature, the excusal shall be permanent.

Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective immediately, section 202.18 of the Uniform Civil Rules for the Supreme and County Courts, relating to the appointment of mental health professionals, to read as follows:

22 NYCRR § 202.18 Testimony of Court-Appointed Expert Witness in Matrimonial Action of Proceeding

In any action or proceeding tried without a jury to which section 237 of the Domestic Relations Law applies, the court may appoint a psychiatrist, psychologist, social worker or other appropriate expert to give testimony with respect to custody or visitation, and may appoint an accountant, appraiser, actuary or other appropriate expert to give testimony with respect to equitable distribution or a distributive award. In the First and Second Judicial Departments, appointments shall be made as appropriate from a panel of mental health professionals pursuant to 22 NYCRR Parts 623 and 680. The cost of such expert witness shall be paid by a party or parties as the court shall direct.