|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S249
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S249 - Details
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
BILL NUMBER:S249 TITLE OF BILL: An act to amend the judiciary law, in relation to explanation of reasons for dismissal of complaints PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to make judicial disciplinary proceedings more open to public scrutiny by amending section 44 of the judiciary law. SUMMARY OF SPECIFIC PROVISIONS: Section 44(1) of the judiciary law is amended to indicate that if a complaint against a judge is dismissed, the Commission on Judicial Conduct must provide the basis for the determination. Section 44(4) of the judiciary law is amended to indicate that disciplinary hearings shall be open to the public unless the complainant requests that the hearing be dosed. If the commission is acting in its capacity as a complainant, it may not request that the hearings be closed. Section 44(6) of the judiciary law is amended to indicate that if a complaint is dismissed after a hearing, the Commission on Judicial Conduct must provide the basis for the determination.
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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