Section 89. Disposition of records, books and papers; rules  


Latest version.
  • 1.
      Notwithstanding any  other  provisions  of  law  except  as  hereinafter
      provided,  the  chief  administrator  of the courts, with the advice and
      consent of the administrative board of the  courts,  shall  adopt  rules
      providing for the retention and disposition of records in all courts and
      agencies of the unified court system, including records of commissioners
      of  jurors. Such rules shall provide, among other things, that, unless a
      permanent record by microphotography or  other  method  of  microimaging
      first  is  made  and  permanently  retained,  judgment  rolls  and other
      records, books and papers that affect the mental illness or  the  sanity
      or  competency of any person shall be retained for at least fifty years;
      and that the judgment rolls and other records,  books  and  papers  that
      affect  the  marital  rights  or status or the custody or lineage of any
      person and judgment rolls regardless of their age that affect  title  to
      real property shall be retained permanently.
        2.  Notwithstanding  any  other provisions of law, the justices of the
      appellate division of the supreme court in each judicial department  may
      on  application  of  the  district  attorney  of  any  county within its
      judicial department,  direct,  by  order,  that  the  district  attorney
      destroy,  sell or otherwise dispose of or cause to be destroyed, sold or
      otherwise disposed of any records, books or papers in the care,  custody
      or  control  of  the  district  attorney which are more than twenty-five
      years old and are no longer in current use, the retention  of  which  in
      the  opinion  of  the  justices of the appellate division would serve no
      legal, practical or useful purpose, except permanent records of criminal
      cases, printed and  bound  volumes  of  cases  on  appeal  and  original
      indictments.  The  justices  of the appellate division as a condition of
      such disposition may require the written consent of any state  or  local
      department  or  agency  having  an  interest  in  such records, books or
      papers.