NY State Senate Bill 2019-S165A

Senate Bill S165A

2019-2020 Legislative Session

Relates to authorizing the removal of judges who are convicted of certain misdemeanor crimes and/or parole violations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Feb 19, 2019	print number 165a
Feb 19, 2019	amend and recommit to judiciary
Jan 09, 2019	referred to judiciary

Bill Amendments

Original

A (Active)

2019-S165 - Details

See Assembly Version of this Bill:: A5299
Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §44, Judy L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8593, A10112
2021-2022: S2597

2019-S165 - Summary

Authorizes the removal of judges who are convicted of certain misdemeanor crimes and/or parole violations and requires certain hearings to be public.

2019-S165 - Sponsor Memo

                                
 
BILL NUMBER: S165

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to investigations of the
state commission on judicial misconduct and authorizing the removal of
judges who are convicted of certain misdemeanor crimes and/or parole
violations

 
PURPOSE:

Creates a 120 day time frame for the State Commission on Judicial
Conduct to provide a determination on investigations based upon a felony
or misdemeanor conviction of a judge and defines "moral turpitude" in
the Judiciary Law. Also, makes State Commission on Judicial Conduct
hearings public and suspends pay for judges during periods of suspen-
sion.

 
SUMMARY OF GENERAL PROVISIONS:

Section 1 requires the State Commission on Judicial Conduct, upon initi-
ating an investigation based upon a felony or misdemeanor conviction of
a judge, to provide a written determination within 120 days of the start
of the investigation and recommend to the Court of Appeals that the
judge be admonished, censured, suspended or removed from office, unless
the Commission dismisses the complaint in its entirety.

Section 2 makes State Commission on Judicial Conduct hearings public.

Section 3 defines "moral turpitude" in the Judiciary Law as conduct
involving:

*a "misdemeanor" or "felony" that reflects adversely on the judge's
honesty, trustworthiness or fitness,

*any violation of the terms of probation or post-release supervision
from a prior felony or misdemeanor conviction, and

*any willful repeated misconduct.

Section 3 also takes away the option for a judge to receive a salary
during a suspension.

Section 4 contains the effective date.

 
JUSTIFICATION:

The New York State Constitution allows the Court of Appeals, on its own
or upon the recommendation of the Commission on Judicial Conduct, to
suspend a judge who is charged with a felony or any crime which involves
"moral turpitude". However, "moral turpitude" is not defined in the
Constitution or the Judiciary law. Therefore most misdemeanors do not
trigger an immediate suspension and permanent removal upon conviction.

This legislation is necessary to establish a definition for "moral
turpitude" and to set a time frame for determinations by the State
Commission on Judicial Misconduct on investigations based upon misdemea-
nor or felony convictions. This legislation also requires public hear-
ings by the Commission on Judicial Conduct. Currently, a hearing is not
public unless the judge involved demands so in writing. Finally, this
legislation takes away the option to receive a salary during a suspen-
sion because under current law, a judge continues to receive his or her
salary during suspension unless the court directs otherwise.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.8593/A.10112- Referred to Judiciary

 
FISCAL IMPACT FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S165 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    165
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 investigations of  the
   state commission on judicial misconduct and authorizing the removal of
   judges  who  are convicted of certain misdemeanor crimes and/or parole
   violations
 
   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 is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. IF THE COMMISSION INITIATES AN INVESTIGATION BASED UPON A  FELONY
 OR  MISDEMEANOR  CONVICTION  OF  A  JUDGE, THE COMMISSION IS REQUIRED TO
 PROVIDE A WRITTEN DETERMINATION WITHIN ONE HUNDRED TWENTY  DAYS  OF  THE
 START OF THE INVESTIGATION RECOMMENDING THAT THE COURT OF APPEALS EITHER
 ADMONISH,  CENSURE,  SUSPEND  OR  REMOVE A JUDGE OR JUSTICE FROM OFFICE,
 UNLESS THE COMMISSION DISMISSES THE COMPLAINT IN ITS ENTIRETY.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04207-01-9

 S. 165                              2
 
 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
 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
 testimony of witnesses and receive evidentiary data and  material  rele-
 vant  to the complaint. The judge shall have the right to be represented
 by counsel during any and all stages of the hearing and shall  have  the
 right  to  call and cross-examine witnesses and present evidentiary data
 and material 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.
   § 3. Paragraphs (b) and (c) of subdivision 8  of  section  44  of  the
 judiciary  law, as added by chapter 156 of the laws of 1978, are amended
 to read as follows:
   (b) Upon the recommendation of the commission or on  its  own  motion,
 the  court may suspend a judge or justice from office when he is charged
 with a crime punishable as a felony under the laws of this state, or any
 other crime which involves moral  turpitude.    CRIMES  INVOLVING  MORAL
 TURPITUDE,  FOR  THE PURPOSES OF THIS SUBDIVISION, SHALL BE DEFINED AS A
 MISDEMEANOR OR FELONY THAT REFLECTS ADVERSELY ON  THE  JUDGE'S  HONESTY,
 TRUSTWORTHINESS  OR  FITNESS; ANY VIOLATION OF THE TERMS OF PROBATION OR
 POST-RELEASE SUPERVISION FROM A PRIOR FELONY OR MISDEMEANOR  CONVICTION;
 AND/OR  ANY  WILLFUL  REPEATED MISCONDUCT. The suspension shall continue
 upon conviction and, if  the  conviction  becomes  final,  he  shall  be
 removed from office. The suspension shall be terminated upon reversal of
 the conviction and dismissal of the accusatory instrument.
   (c) A judge or justice who is suspended from office by the court shall
 NOT  receive  his  OR  HER judicial salary during such period of suspen-
 sion[, unless the court directs otherwise. If the court has so  directed
 and  such suspension is thereafter terminated, the court may direct that
 he shall be paid his salary for such period of suspension].
   § 4. This act shall take effect immediately.

2019-S165A (ACTIVE) - Details

See Assembly Version of this Bill:: A5299
Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §44, Judy L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8593, A10112
2021-2022: S2597

2019-S165A (ACTIVE) - Summary

Authorizes the removal of judges who are convicted of certain misdemeanor crimes and/or parole violations and requires certain hearings to be public.

2019-S165A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S165A

SPONSOR: HELMING
 
TITLE OF BILL:  An act to amend the judiciary law, in relation to
investigations of the state commission on judicial misconduct and
authorizing the removal of judges who are convicted of certain misdemea-
nor crimes and/or parole violations

 
PURPOSE:

Creates a 120 day time frame for the State Commission on Judicial
Conduct to provide a determination on investigations based upon a felony
or misdemeanor conviction of a judge and defines "moral turpitude" in
the Judiciary Law. Also, makes State Commission on Judicial Conduct
hearings public and suspends pay for judges during periods of suspen-
sion.

 
SUMMARY OF GENERAL PROVISIONS:

Section 1 requires the State Commission on Judicial Conduct, upon initi-
ating an investigation based upon a felony or misdemeanor conviction of

a judge, to provide a written determination within 120 days of the start
of the investigation and recommend to the Court of Appeals that the
judge be admonished, censured, suspended or removed from office, unless
the Commission dismisses the complaint in its entirety.

Section 2 makes State Commission on Judicial Conduct hearings public.

Section 3 defines "moral turpitude" in the Judiciary Law as conduct
involving:

*a "misdemeanor" or "felony" that reflects adversely on the judge's
honesty, trustworthiness or fitness,
*any violation of the terms of probation or post-release supervision
from a prior felony or misdemeanor conviction, and
*any willful repeated misconduct.

Section 3 also takes away the option for a judge to receive a salary
during a suspension.

Section 4 contains the effective date.

 
JUSTIFICATION:

The New York State Constitution allows the Court of Appeals, on its own
or upon the recommendation of the Commission on Judicial Conduct, to
suspend a judge who is charged with a felony or any crime which involves
"moral turpitude". However, "moral turpitude" is not defined in the
Constitution or the Judiciary law. Therefore most misdemeanors do not
trigger an immediate suspension and permanent removal upon conviction.

This legislation is necessary to establish a definition for "moral
turpitude" and to set a time frame for determinations by the State
Commission on Judicial Misconduct on investigations based upon misdemea-
nor or felony convictions. This legislation also requires public hear-
ings by the Commission on Judicial Conduct. Currently, a hearing is not
public unless the judge involved demands so in writing. Finally, this
legislation takes away the option to receive a salary during a suspen-

sion because under current law, a judge continues to receive his or her
salary during suspension unless the court directs otherwise.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.8593/A.10112- Referred to Judiciary

 
FISCAL IMPACT FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S165A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  165--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT to amend the judiciary law, in relation to investigations of the
   state commission on judicial misconduct and authorizing the removal of
   judges who are convicted of certain misdemeanor crimes  and/or  parole
   violations
 
   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 is amended by adding a  new
 subdivision 2-a to read as follows:
   2-A.  IF THE COMMISSION INITIATES AN INVESTIGATION BASED UPON A FELONY
 OR MISDEMEANOR CONVICTION OF A JUDGE,  THE  COMMISSION  IS  REQUIRED  TO
 PROVIDE  A  WRITTEN  DETERMINATION WITHIN ONE HUNDRED TWENTY DAYS OF THE
 START OF THE INVESTIGATION RECOMMENDING THAT THE COURT OF APPEALS EITHER
 ADMONISH, CENSURE, SUSPEND OR REMOVE A JUDGE  OR  JUSTICE  FROM  OFFICE,
 UNLESS THE COMMISSION DISMISSES THE COMPLAINT IN ITS ENTIRETY.
   §  2.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04207-03-9

 S. 165--A                           2
 
 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
 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
 testimony of witnesses and receive evidentiary data and  material  rele-
 vant  to the complaint. The judge shall have the right to be represented
 by counsel during any and all stages of the hearing and shall  have  the
 right  to  call and cross-examine witnesses and present evidentiary data
 and material 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.
   § 3. Paragraphs (b) and (c) of subdivision 8  of  section  44  of  the
 judiciary  law, as added by chapter 156 of the laws of 1978, are amended
 to read as follows:
   (b) Upon the recommendation of the commission or on  its  own  motion,
 the  court  may suspend a judge or justice from office when he OR SHE is
 charged with a crime punishable as a  felony  under  the  laws  of  this
 state,  or  any  other  crime  which  involves moral turpitude.   CRIMES
 INVOLVING MORAL TURPITUDE, FOR THE PURPOSES OF THIS  SUBDIVISION,  SHALL
 BE  DEFINED  AS  A  MISDEMEANOR OR FELONY THAT REFLECTS ADVERSELY ON THE
 JUDGE'S HONESTY, TRUSTWORTHINESS OR FITNESS; ANY VIOLATION OF THE  TERMS
 OF  PROBATION  OR POST-RELEASE SUPERVISION FROM A PRIOR FELONY OR MISDE-
 MEANOR CONVICTION; AND/OR ANY WILLFUL REPEATED MISCONDUCT.  The  suspen-
 sion  shall  continue  upon  conviction  and,  if the conviction becomes
 final, he OR SHE shall be removed from office. The suspension  shall  be
 terminated  upon reversal of the conviction and dismissal of the accusa-
 tory instrument.
   (c) A judge or justice who is suspended from office by the court shall
 NOT receive his OR HER judicial salary during  such  period  of  suspen-
 sion[,  unless the court directs otherwise. If the court has so directed
 and such suspension is thereafter terminated, the court may direct  that
 he shall be paid his salary for such period of suspension].
   § 4. This act shall take effect immediately.

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