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Senate Bill S1845

2025-2026 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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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S1845 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §90, Judy L
Versions Introduced in Other Legislative Sessions:
2021-2022: S7575
2023-2024: S578

2025-S1845 (ACTIVE) - Summary

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

2025-S1845 (ACTIVE) - Sponsor Memo

2025-S1845 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1845
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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] THE PRESIDING OR ACTING PRESIDING JUSTICE may direct. In furth-
 erance 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, investigation or proceeding relat-
 ing to the conduct or discipline of any attorney, the records and  docu-
 ments in relation thereto shall be deemed public records.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05180-01-5
 S. 1845                             2

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