Senate Bill S7218

                                
 
BILL NUMBER: S7218

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring certain
court of appeals judges to recuse themselves from serving as a juror
during an impeachment trial of a governor that appointed them

 
PURPOSE:

To require judges of the court of appeals appointed by a governor
subject to a trial of impeachment to recuse himself or herself from
serving on the court for the trial of impeachment.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Judiciary Law by adding a new section 60-a requir-
ing judges of the court of appeals appointed by a governor subject to a
trial of impeachment to recuse himself or herself from serving on the
court for the trial of impeachment.
              

Section 2: Establishes the effective date.

 
EXISTING LAW:

The Lieutenant-Governor and Temporary President of the Senate are
prohibited from serving as a member of the court for the trial of
impeachments against the Governor or Lieutenant-Governor, however judges
of the Court of Appeals currently may serve as a member of the court for
the trial of impeachment against the Governor who appointed them.

 
JUSTIFICATION:

The New York State Constitution establishes that the court for the trial
of impeachments is comprised of the Lieutenant Governor, state senators,
and the judges of the Court of Appeals. In recognition of the importance
of preventing potential conflicts of interest, or even the appearance of
a conflict of interest, the State Constitution prohibits the Lieuten-
ant-Governor an the Temporary President of the Senate from acting as
members of the court for the trial of impeachments against the Governor
or Lieutenant-Governor.

However, while the Lieutenant-Governor is selected on the same ticket as
the Governor in a general election, nominees for the position are chosen
separately during primaries, and the Temporary President of the Senate
is chosen by members of the New York State Senate itself.  Judges of the
Court of Appeals are unique among members of courts for impeachment
trials in that they are the only members chosen by the Governor. Cases
of impeachment and subsequent trials inherently deal with violations of
the public trust, hence it is critical that the process is one that the
public can trust is fair and impartial. While the judges on the Court of
Appeals may be people of the utmost integrity, even the appearance of a
conflict of interest threatens to erode the public trust in the process.

The independence of any members of an impeachment trial is essential to
avoid undermining faith in the process. In light of this, this legis-
lation would require judges of the court of appeals appointed by a
governor subject to a trial of impeachment to recuse himself or herself
from serving on the court for the trial of impeachment. This commonsense
step would strengthen public trust in the independence of any such
proceeding and prevent potential conflicts of interest.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.