A10112 Summary:

BILL NOA10112A
 
SAME ASSAME AS S08593
 
SPONSORKolb
 
COSPNSROaks, Errigo
 
MLTSPNSR
 
Amd §44, Judy L
 
Authorizes the removal of judges who are convicted of certain misdemeanor crimes and/or parole violations and requires certain hearings to be public.
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A10112 Actions:

BILL NOA10112A
 
03/15/2018referred to judiciary
05/10/2018amend (t) and recommit to judiciary
05/10/2018print number 10112a
05/31/2018held for consideration in judiciary
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A10112 Committee Votes:

JUDICIARY Chair:Dinowitz DATE:05/31/2018AYE/NAY:13/5 Action: Held for Consideration
DinowitzAyePalumboNay
TitusAbsentMontesanoNay
LavineAyeBarclayNay
ZebrowskiAyeGoodellNay
WeprinAyeCastorinaExcused
BraunsteinAyeMorinelloNay
SimotasAye
QuartAye
TitoneExcused
BuchwaldAye
SteckAye
SeawrightAye
SimonAye
JoynerAye
AbinantiAye

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A10112 Floor Votes:

There are no votes for this bill in this legislative session.
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A10112 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10112--A
 
                   IN ASSEMBLY
 
                                     March 15, 2018
                                       ___________
 
        Introduced  by  M. of A. KOLB -- read once and referred to the Committee
          on Judiciary -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
 
        AN  ACT to amend the judiciary law, in relation to investigations of the
          state commission on judicial misconduct and authorizing the removal of
          judges who are convicted of certain misdemeanor crimes  and/or  parole
          violations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 44 of the judiciary law is amended by adding a  new
     2  subdivision 2-a to read as follows:
     3    2-a.  If the commission initiates an investigation based upon a felony
     4  or misdemeanor conviction of a judge,  the  commission  is  required  to
     5  provide  a  written  determination within one hundred twenty days of the
     6  start of the investigation recommending that the court of appeals either
     7  admonish, censure, suspend or remove a judge  or  justice  from  office,
     8  unless the commission dismisses the complaint in its entirety.
     9    §  2.  Subdivision  4  of section 44 of the judiciary law, as added by
    10  chapter 156 of the laws of 1978, is amended to read as follows:
    11    4. If in the course of an  investigation,  the  commission  determines
    12  that  a  hearing  is  warranted  it  shall  direct that a formal written
    13  complaint signed and verified by the administrator be drawn  and  served
    14  upon  the judge involved, either personally or by certified mail, return
    15  receipt requested. The judge shall file a written answer  to  the  [the]
    16  complaint  with  the  commission within twenty days of such service. If,
    17  upon receipt of the answer, or upon expiration of the  time  to  answer,
    18  the  commission  shall direct that a hearing be held with respect to the
    19  complaint, the judge involved shall be notified in writing of  the  date
    20  of the hearing either personally, at least twenty days prior thereto, or
    21  by  certified  mail,  return receipt requested, at least twenty-two days
    22  prior thereto. Upon the written request of  the  judge,  the  commission
    23  shall,  at  least  five  days prior to the hearing or any adjourned date
    24  thereof, make available to the judge without cost copies  of  all  docu-
    25  ments  which  the  commission intends to present at such hearing and any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15082-02-8

        A. 10112--A                         2
 
     1  written statements made by witnesses who will be called to give testimo-
     2  ny by the commission. The commission shall, in any case, make  available
     3  to  the  judge  at least five days prior to the hearing or any adjourned
     4  date  thereof  any exculpatory evidentiary data and material relevant to
     5  the complaint. The failure of the commission to timely furnish any docu-
     6  ments, statements  and/or  exculpatory  evidentiary  data  and  material
     7  provided  for  herein  shall  not affect the validity of any proceedings
     8  before the commission provided that such failure  is  not  substantially
     9  prejudicial to the judge. The complainant may be notified of the hearing
    10  and  unless he or she shall be subpoenaed as a witness by the judge, his
    11  or her presence thereat shall be within the discretion  of  the  commis-
    12  sion. The hearing shall [not] be public [unless the judge involved shall
    13  so  demand  in  writing].    At  the hearing the commission may take the
    14  testimony of witnesses and receive evidentiary data and  material  rele-
    15  vant  to the complaint. The judge shall have the right to be represented
    16  by counsel during any and all stages of the hearing and shall  have  the
    17  right  to  call and cross-examine witnesses and present evidentiary data
    18  and material relevant to the complaint.  A transcript of the proceedings
    19  and of the testimony of witnesses at the hearing shall be taken and kept
    20  with the records of the commission.
    21    § 3. Paragraphs (b) and (c) of subdivision 8  of  section  44  of  the
    22  judiciary  law, as added by chapter 156 of the laws of 1978, are amended
    23  to read as follows:
    24    (b) Upon the recommendation of the commission or on  its  own  motion,
    25  the  court may suspend a judge or justice from office when he is charged
    26  with a crime punishable as a felony under the laws of this state, or any
    27  other crime which involves moral  turpitude.    Crimes  involving  moral
    28  turpitude,  for  the purposes of this subdivision, shall be defined as a
    29  misdemeanor or felony that reflects adversely on  the  judge's  honesty,
    30  trustworthiness  or  fitness; any violation of the terms of probation or
    31  post-release supervision from a prior felony or misdemeanor  conviction;
    32  and/or  any  willful  repeated misconduct. The suspension shall continue
    33  upon conviction and, if  the  conviction  becomes  final,  he  shall  be
    34  removed from office. The suspension shall be terminated upon reversal of
    35  the conviction and dismissal of the accusatory instrument.
    36    (c) A judge or justice who is suspended from office by the court shall
    37  not  receive  his  or  her judicial salary during such period of suspen-
    38  sion[, unless the court directs otherwise. If the court has so  directed
    39  and  such suspension is thereafter terminated, the court may direct that
    40  he shall be paid his salary for such period of suspension].
    41    § 4. This act shall take effect immediately.
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