S T A T E O F N E W Y O R K
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4859--A
Cal. No. 761
2025-2026 Regular Sessions
I N S E N A T E
February 13, 2025
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary -- reported
favorably from said committee and committed to the Committee on
Finance -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07982-03-5
S. 4859--A 2
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
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.]
S. 4859--A 3
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:
§ 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.
