22 NYCRR 5.1

(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.