NY State Senate Bill 2023-S578

Senate Bill S578

2023-2024 Legislative Session

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

download bill text pdf

Current 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Jan 05, 2023	referred to judiciary

2023-S578 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §90, Judy L
Versions Introduced in 2021-2022 Legislative Session:: S7575

2023-S578 (ACTIVE) - Summary

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

2023-S578 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S578

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE:

To enhance transparency of attorney misconduct complaints and hearings
and to protect the freedom of speech of those who submit complaints.

 
SUMMARY OF PROVISIONS:

Section one amends the judiciary law to remove the provision that
papers, records and documents 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.

Section two establishes the effective date.

 
JUSTIFICATION:

New York law requires confidentiality of documents relating to the
attorney disciplinary process, unless charges are sustained by the
justices of the appellate division. This has been interpreted in some
cases to even prevent complainants from being able to share their griev-
ances with the public. For example, a group of law professors filed
grievances against a number of prosecutors in Queens, but when the law
professors posted those grievances to a public website, the grievance
committee punished the professors by denying them access to any future
updates on their complaints. The professors have since sued in federal
court seeking to overturn the law, arguing that it infringes on their
First Amendment rights.

In 2020, New York repealed Civil Rights Law § 50-a, which shielded law
enforcement disciplinary records from public disclosure. That repeal did
not provide any exception for pending cases. The same rule should apply
for licensed attorneys and prosecutors, who wield immense power in the
courthouse. Prosecutorial misconduct should be subject to the same scru-
tiny as misconduct among other government officials.

 
LEGISLATIVE HISTORY:

S.7575 of 2021-2022 (Hoylman): Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 30 days after it shall have become a law.
Effective immediately, the addition, amendment or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such date.

2023-S578 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    578
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  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.
                                                            LBD02650-01-3
 S. 578                              2

 
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law.  Effective immediately, the addition, amendment or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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