Senate Bill S6631

2011-2012 Legislative Session

Authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S6631 (ACTIVE) - Details

See Assembly Version of this Bill:
A9147
Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §90, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2053, A7854
2015-2016: S2601

2011-S6631 (ACTIVE) - Summary

Authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney; provides for the sharing and return of evidence or other materials associated with such complaint, inquiry, investigation or proceeding.

2011-S6631 (ACTIVE) - Sponsor Memo

2011-S6631 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6631

                            I N  S E N A T E

                              March 6, 2012
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to authorizing the accus-
  ing party to submit a  response  to  the  dismissal  of  a  complaint,
  inquiry, investigation or proceeding relating to the conduct or disci-
  pline of an attorney and relates to the sharing and return of evidence
  or  other  materials associated with such complaint, inquiry, investi-
  gation or proceeding

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 90 of the judiciary law is amended by adding a new
subdivision 11 to read as follows:
  11. NOTWITHSTANDING SUBDIVISION TEN OF THIS SECTION OR ANY OTHER STAT-
UTE, RULE OR REGULATION TO THE CONTRARY:
  A. WHEN THE DISCIPLINARY  COMMITTEE  FINDS  A  COMPLAINT  OF  ATTORNEY
MISCONDUCT  SUBSTANTIAL  ENOUGH  TO  REQUIRE AN ANSWER FROM THE ATTORNEY
ACCUSED OF MISCONDUCT, THE COMMITTEE SHALL PROVIDE THE COMPLAINANT  WITH
A  WRITTEN EXPLANATION OF ITS DECISION NOT TO PURSUE THE CLAIM OF ATTOR-
NEY MISCONDUCT AND AN OPPORTUNITY FOR THE COMPLAINANT TO RESPOND TO SUCH
DECISION;
  B. THE DISCIPLINARY COMMITTEE SHALL PROVIDE EVIDENCE TO ALL PARTIES TO
THE COMPLAINT WHEN, IN THE COURSE OF INVESTIGATING A COMPLAINT OF ATTOR-
NEY MISCONDUCT, THE COMMITTEE CREATES, IDENTIFIES, OR  RELIES  UPON  NEW
EVIDENCE AND SUCH EVIDENCE IS SHARED WITH ONE PARTY TO THE COMPLAINT;
  C. THE DISCIPLINARY COMMITTEE SHALL, AT THE CLOSE OF THE HANDLING OF A
COMPLAINT  OF  ATTORNEY MISCONDUCT, PROMPTLY RETURN ANY OR ALL MATERIALS
PROVIDED TO THE COMMITTEE WHEN THE COMMITTEE IS ASKED BY EITHER SIDE  TO
RETURN SUCH MATERIALS.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13920-03-2


              

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