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Senate Bill S7575

2021-2022 Legislative Session

Eliminates the requirement that certain papers, records and documents relating to the misconduct or discipline of attorneys be sealed

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2021-S7575 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §90, Judy L
Versions Introduced in Other Legislative Sessions:
2023-2024: S578
2025-2026: S1845

2021-S7575 (ACTIVE) - Summary

Eliminates the requirement that certain papers, records and documents relating to the misconduct or discipline of attorneys be sealed.

2021-S7575 (ACTIVE) - Sponsor Memo

2021-S7575 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7575
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  judiciary  law,  in  relation  to  eliminating  the
   requirement that certain papers, records and documents relating to the
   misconduct or discipline of attorneys be sealed

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 90 of the judiciary law, as added
 by chapter 675 of the laws of 1945 and renumbered by chapter 241 of  the
 laws of 1946, is amended to read as follows:
   10.  Any  statute or rule to the contrary notwithstanding, all papers,
 records and documents upon the application or examination of any  person
 for  admission  as  an  attorney  and  counsellor  at  law [and upon any
 complaint, inquiry, investigation or proceeding relating to the  conduct
 or  discipline  of  an  attorney  or  attorneys,] shall be sealed and be
 deemed private and confidential. However, upon good cause  being  shown,
 the   justices   of  the  appellate  division  having  jurisdiction  are
 empowered, in their discretion,  by  written  order,  to  permit  to  be
 divulged  all  or any part of such papers, records and documents. In the
 discretion of the presiding or acting presiding justice of  said  appel-
 late  division,  such  order  may  be  made either without notice to the
 persons or attorneys to be affected thereby or upon such notice to  them
 as  he  may  direct.  In furtherance of the purpose of this subdivision,
 said justices are also empowered, in their discretion, from time to time
 to make such rules as they may deem necessary. [Without  regard  to  the
 foregoing,  in  the  event that charges are sustained by the justices of
 the appellate division having jurisdiction in  any  complaint,  investi-
 gation or proceeding relating to the conduct or discipline of any attor-
 ney,  the  records  and  documents  in  relation thereto shall be deemed
 public records.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13952-01-1
 S. 7575                             2

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