S T A T E O F N E W Y O R K
________________________________________________________________________
912
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law, in relation to making judicial
conduct hearings open to the public
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 44 of the judiciary law, as added
by chapter 156 of the laws of 1978, is amended to read as follows:
4. If in the course of an investigation, the commission determines
that a hearing is warranted it shall direct that a formal written
complaint signed and verified by the administrator be drawn and served
upon the judge involved, either personally or by certified mail, return
receipt requested. The judge shall file a written answer to the [the]
complaint with the commission within twenty days of such service. If,
upon receipt of the answer, or upon expiration of the time to answer,
the commission shall direct that a hearing be held with respect to the
complaint, the judge involved shall be notified in writing of the date
of the hearing either personally, at least twenty days prior thereto, or
by certified mail, return receipt requested, at least twenty-two days
prior thereto. Upon the written request of the judge, the commission
shall, at least five days prior to the hearing or any adjourned date
thereof, make available to the judge without cost copies of all docu-
ments which the commission intends to present at such hearing and any
written statements made by witnesses who will be called to give testimo-
ny by the commission. The commission shall, in any case, make available
to the judge at least five days prior to the hearing or any adjourned
date thereof any exculpatory evidentiary data and material relevant to
the complaint. The failure of the commission to timely furnish any docu-
ments, statements and/or exculpatory evidentiary data and material
provided for herein shall not affect the validity of any proceedings
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03121-01-9
A. 912 2
before the commission provided that such failure is not substantially
prejudicial to the judge. The complainant may be notified of the hearing
and unless he OR SHE shall be subpoenaed as a witness by the judge, his
OR HER presence thereat shall be within the discretion of the commis-
sion. The hearing shall [not] be public [unless the judge involved shall
so demand in writing]. At the hearing the commission may take the testi-
mony of witnesses and receive evidentiary data and material relevant to
the complaint. The judge shall have the right to be represented by coun-
sel during any and all stages of the hearing and shall have the right to
call and cross-examine witnesses and present evidentiary data and mate-
rial relevant to the complaint. A transcript of the proceedings and of
the testimony of witnesses at the hearing shall be taken and kept with
the records of the commission.
S 2. This act shall take effect immediately.