N.Y. Comp. Codes R. & Regs. tit. 22 § 25.21

Current through Register Vol. 46, No. 51, December 18, 2024
Section 25.21 - Oath of office

Every person employed by the Unified Court System, except an employee in the labor class, before he or she shall be entitled to enter upon the discharge of any of his or her duties, shall take and file an oath or affirmation in the form and language prescribed by the Constitution for executive, legislative and judicial officers, which may be administered by any officer authorized to take the acknowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed. In lieu of such oath administered by an officer, an employee may comply with the requirements of this section by subscribing and filing the following statement: "I do hereby pledge and declare that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the position of. . . according to the best of my ability." Such oath or statement shall be required only upon original appointment or upon a new appointment following an interruption of continuous service, defined in section 25.30(b) of this Part, and shall not be required upon promotion, demotion, transfer, or other change of title during the continued service of the employee, or upon reinstatement, pursuant to law or rules, of an employee whose services have been terminated and whose last executed oath or statement is on file. The oath of office heretofore taken by any employee as previously required by law, and the oath of office hereafter taken or statement hereafter subscribed by any employee pursuant to this section, shall extend to and encompass any position or title in which such person may serve as an employee during the period of his or her continuous service following the taking of such oath or subscribing of such statement, and his or her acceptance of such new title shall constitute a reaffirmance of such oath or statement. The oath or statement of every employee of the Unified Court System shall be filed in the administrative office for the courts. The refusal or willful failure of such employee to take and file such oath or subscribe and file such statement shall terminate his or her employment until such oath shall be taken and filed, or statement subscribed and filed, as herein provided.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.21