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S01845 Summary:

BILL NOS01845
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Amd §90, Judy L
 
Eliminates the requirement that certain papers, records and documents relating to the misconduct or discipline of attorneys be sealed.
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S01845 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1845
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section 1. Subdivision 10 of section 90 of the judiciary law, as added
     2  by chapter 675 of the laws of 1945 and renumbered by chapter 241 of  the
     3  laws of 1946, is amended to read as follows:
     4    10.  Any  statute or rule to the contrary notwithstanding, all papers,
     5  records and documents upon the application or examination of any  person
     6  for  admission  as  an  attorney  and  counsellor  at  law [and upon any
     7  complaint, inquiry, investigation or proceeding relating to the  conduct
     8  or  discipline  of  an  attorney  or  attorneys,] shall be sealed and be
     9  deemed private and confidential. However, upon good cause  being  shown,
    10  the   justices   of  the  appellate  division  having  jurisdiction  are
    11  empowered, in their discretion,  by  written  order,  to  permit  to  be
    12  divulged  all  or any part of such papers, records and documents. In the
    13  discretion of the presiding or acting presiding justice of  said  appel-
    14  late  division,  such  order  may  be  made either without notice to the
    15  persons or attorneys to be affected thereby or upon such notice to  them
    16  as  [he] the presiding or acting presiding justice may direct. In furth-
    17  erance of the purpose  of  this  subdivision,  said  justices  are  also
    18  empowered,  in their discretion, from time to time to make such rules as
    19  they may deem necessary. [Without regard to the foregoing, in the  event
    20  that  charges  are  sustained  by the justices of the appellate division
    21  having jurisdiction in any complaint, investigation or proceeding relat-
    22  ing to the conduct or discipline of any attorney, the records and  docu-
    23  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
 
     1    §  2.  This  act shall take effect on the thirtieth day after it shall
     2  have become a law. Effective immediately,  the  addition,  amendment  or
     3  repeal  of  any  rule  or regulation necessary for the implementation of
     4  this act on its effective date are authorized to be made  and  completed
     5  on or before such date.
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