senate Bill S249

2013-2014 Legislative Session

Requires that an explanation as to the reason or reasons for the dismissal of a complaint be provided to the complainant

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S249 - Details

Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Amd ยง44, Judy L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1713
2009-2010: S6264A

S249 - Summary

Requires that an explanation as to the reason or reasons for the dismissal of a complaint be provided to the complainant.

S249 - Sponsor Memo

S249 - Bill Text download pdf

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

                                   249

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- 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 explanation of reasons
  for dismissal of complaints

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

  Section 1. Section 44 of the judiciary law, as added by chapter 156 of
the laws of 1978, is amended to read as follows:
  S  44.  Complaint;  investigation;  hearing  and  disposition.  1. The
commission shall receive, initiate, investigate and hear complaints with
respect to the conduct, qualifications, fitness to perform, or  perform-
ance  of  official  duties  of  any  judge,  and, in accordance with the
provisions of subdivision d of section twenty-two of article six of  the
constitution,  may  determine  that  a  judge be admonished, censured or
removed from office for cause, including, but not limited to, misconduct
in office, persistent failure to perform his duties, habitual  intemper-
ance and conduct, on or off the bench, prejudicial to the administration
of justice, or that a judge be retired for mental or physical disability
preventing  the  proper  performance of his judicial duties. A complaint
shall be in writing [and signed by the complainant and, if  directed  by
the  commission, shall be verified]. Upon receipt of a complaint (a) the
commission shall conduct an investigation of the complaint; or  (b)  the
commission may dismiss the complaint if it determines that the complaint
on  its  face lacks merit. If the complaint is dismissed, the commission
shall [so notify] PROVIDE  THE  BASIS  FOR  THE  DETERMINATION  FOR  THE
DISMISSAL  TO the complainant. If the commission shall have notified the
judge of the complaint, the commission shall also notify  the  judge  of
such dismissal.
  2. The commission may, on its own motion, initiate an investigation of
a  judge with respect to his qualifications, conduct, fitness to perform

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

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