S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7650
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE,  BICHOTTE HERMELYN  -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to  complaints  regarding
   judges;  and  to extending the jurisdiction of the state commission on
   judicial conduct as to judges who resign or retire while under  inves-
   tigation or formal charges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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]
 FORMAL WRITTEN complaint with the commission within twenty days of  such
 service.  THE  FORMAL  WRITTEN  COMPLAINT  AND ANSWER, AND THE RECORD OF
 PROCEEDINGS THEREAFTER, INCLUDING THE HEARING AND ANY PROCEEDINGS BEFORE
 THE COMMISSION, SHALL BE PUBLIC. 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 FORMAL WRITTEN 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 shall, at least five
 days prior to the hearing or any adjourned date thereof, make  available
 to  the  judge without cost copies of all documents which the commission
 intends to present at such hearing and any written  statements  made  by
 witnesses  who  will  be called to give testimony 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07982-04-5
              

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 evidentiary  data and material relevant to the FORMAL WRITTEN complaint.
 The failure of the commission to timely furnish  any  documents,  state-
 ments  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] THE COMPLAINANT shall be subpoenaed as  a  witness  by  the  judge,
 [his]  THE COMPLAINANT'S presence thereat shall be within the discretion
 of the commission. [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 materi-
 al relevant to the FORMAL WRITTEN 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  FORMAL  WRITTEN
 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.
   § 2. Section 45 of the judiciary law, as amended by chapter 35 of  the
 laws of 1983, is amended to read as follows:
   § 45. Confidentiality of records. [1.] Except as hereinafter provided,
 all  complaints,  correspondence, commission proceedings and transcripts
 thereof, other papers and data and records of the  commission  shall  be
 confidential and shall not be made available to any person except pursu-
 ant to section forty-four of this article. The commission and its desig-
 nated  staff personnel shall have access to confidential material in the
 performance of their powers and duties. If the judge who is the  subject
 of  a  complaint  so  requests  in  writing, copies of [the] ANY PENDING
 complaint, [the transcripts of hearings by the  commission  thereon,  if
 any]  ANY  DOCUMENTS  MADE PUBLIC PURSUANT TO SECTION FORTY-FOUR OF THIS
 ARTICLE, and the dispositive action of the commission  with  respect  to
 [the]  ANY  complaint  RESULTING  IN  A  CAUTION,  ADMONITION,  CENSURE,
 REMOVAL, RETIREMENT, OR RESIGNATION FROM JUDICIAL  OFFICE,  such  copies
 with any reference to the identity of any person who did not participate
 at any such hearing suitably deleted therefrom, except the subject judge
 or  complainant,  shall  be made available for inspection and copying to
 the public, or to any person, agency or body designated by such judge.
   [2. Notwithstanding any provision in  this  section,  the  commission,
 with  the  consent  of  the  applicant,  shall provide the record of any
 proceeding pursuant to a formal written complaint against  an  applicant
 for  judicial appointment in which the applicant's misconduct was estab-
 lished, any pending complaint against an applicant, and  the  record  to
 date  of  any  pending proceeding pursuant to a formal written complaint
 against an applicant for judicial appointment:
   (a) to the commission on judicial nomination  established  by  article
 three-A  of  this chapter, with respect to applicants for appointment to
 the court of appeals;
   (b) to the governor with respect to all applicants whom  the  governor
 indicates are under consideration for any judicial appointment; and
   (c)  to  the temporary president of the senate and the chairman of the
 senate judiciary committee with respect to  all  nominees  for  judicial
 appointments which are subject to the advice and consent of the senate.]
 The  commission  shall  respond within fifteen days of a request for the
 information provided for in this [subdivision] SECTION.
   § 3. Section 47 of the judiciary law, as added by chapter 156  of  the
 laws of 1978, is amended to read as follows:
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   §  47.  Resignation OR RETIREMENT not to divest commission or court of
 appeals of jurisdiction. The jurisdiction of the court  of  appeals  and
 the  commission  pursuant to this article shall continue notwithstanding
 that a judge resigns OR RETIRES from office after  a  [determination  of
 the  commission that the judge be removed from office has been transmit-
 ted to the  chief  judge  of  the  court  of  appeals,]  FORMAL  WRITTEN
 COMPLAINT  AUTHORIZED PURSUANT TO SECTION FORTY-FOUR OF THIS ARTICLE HAS
 BEEN SERVED ON THE JUDGE or in  any  case  in  which  the  [commission's
 determination that a judge should be removed from office shall be trans-
 mitted  to  the  chief  judge  of  the court of apppeals] FORMAL WRITTEN
 COMPLAINT IS SERVED ON THE JUDGE within one hundred  twenty  days  after
 receipt  by  the chief administrator of the courts of the resignation OR
 RETIREMENT of such judge.   Any determination by the  court  of  appeals
 that  a  judge who has resigned OR RETIRED should be removed from office
 shall render such judge ineligible to hold any  other  judicial  office.
 The  chief  administrator of the courts shall give written notice to the
 commission of the resignation OR RETIREMENT of  any  judge  who  is  the
 subject  of an investigation within five days after [his] receipt there-
 of.
   § 4. This act shall take effect immediately.