Senate Bill S2601

                                BILL NUMBER:S2601

TITLE OF BILL:  An act to amend the judiciary law, in relation to
authorizing the 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 and relates to the sharing and
return of evidence or other materials associated with such complaint,
inquiry, investigation or proceeding

PURPOSE OR GENERAL IDEA OF BILL:

This legislation 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.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 90 of the judiciary law is amended by adding a new
subdivision 11 to read as follows:

11. Not withstanding subdivision ten of this section or any other
statute, 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
attorney misconduct and an opportunity for the complainant to respond
to said decision;

b. The disciplinary committee shall provided evidence to all parties
to the complaint when, in the course of investigating a complaint of
attorney 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.

EXISTING LAW:

S: Article 4, Section 90 of the judiciary law is amended by adding a
new subdivision 11 to include this provision.

JUSTIFICATION:

Every year numerous claims are submitted by citizens making
accusations against attorneys. Hence, these accusations claim some
sort of misconduct or wrong doing. Upon receipt of those claims by the
"Disciplinary Committee", which is an arm of the New York State
Appellate Division, they are reviewed and then the claim is determined
to be founded or unfounded. Regardless of the determination, New York
State currently has no mechanism in place that requires the
Disciplinary Committee make public their decisions.  This bill
establishes that mechanism creates transparency and establishes under


what circumstances these decisions must be made public. This is a good
government bill that creates accountability in our judicial system.

PRIOR LEGISLATIVE HISTORY:

2011-2012 - A.9147 (Latimer) Referred to Judiciary Committee
2011-2012- S.6631 (Oppenheimer) Referred to Judiciary Committee
2013-14 - S.2053 (Latimer) REFERRED TO JUDICIARY
2013-14 - (Otis) referred to judiciary

FISCAL IMPLICATIONS:

None to New York State

EFFECTIVE DATE:

This act shall take effect immediately after passing both the New York
State Assembly and the New York State Senate and is signed by the
governor.