senate Bill S2053

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2014 defeated in judiciary
Mar 03, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to judiciary
Jan 10, 2013 referred to judiciary

Co-Sponsors

S2053 - Details

See Assembly Version of this Bill:
A7854
Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Amd §90, Judy L
Versions Introduced in 2011-2012 Legislative Session:
S6631, A9147

S2053 - 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.

S2053 - Sponsor Memo

S2053 - Bill Text download pdf

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

                                  2053

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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.
                                                           LBD05130-01-3

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