Relates to complaints regarding judges and confidentiality of records; extends the jurisdiction of the state commission on judicial conduct as to judges who resign or retire while under investigation or formal charges.
STATE OF NEW YORK
________________________________________________________________________
4859--A
Cal. No. 761
2025-2026 Regular Sessions
IN SENATE
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:
1 Section 1. Subdivision 4 of section 44 of the judiciary law, as added
2 by chapter 156 of the laws of 1978, is amended to read as follows:
3 4. If in the course of an investigation, the commission determines
4 that a hearing is warranted it shall direct that a formal written
5 complaint signed and verified by the administrator be drawn and served
6 upon the judge involved, either personally or by certified mail, return
7 receipt requested. The judge shall file a written answer to the [the]
8 formal written complaint with the commission within twenty days of such
9 service. The formal written complaint and answer, and the record of
10 proceedings thereafter, including the hearing and any proceedings before
11 the commission, shall be public. If, upon receipt of the answer, or upon
12 expiration of the time to answer, the commission shall direct that a
13 hearing be held with respect to the formal written complaint, the judge
14 involved shall be notified in writing of the date of the hearing either
15 personally, at least twenty days prior thereto, or by certified mail,
16 return receipt requested, at least twenty-two days prior thereto. Upon
17 the written request of the judge, the commission shall, at least five
18 days prior to the hearing or any adjourned date thereof, make available
19 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
1 intends to present at such hearing and any written statements made by
2 witnesses who will be called to give testimony by the commission. The
3 commission shall, in any case, make available to the judge at least five
4 days prior to the hearing or any adjourned date thereof any exculpatory
5 evidentiary data and material relevant to the formal written complaint.
6 The failure of the commission to timely furnish any documents, state-
7 ments and/or exculpatory evidentiary data and material provided for
8 herein shall not affect the validity of any proceedings before the
9 commission provided that such failure is not substantially prejudicial
10 to the judge. The complainant may be notified of the hearing and unless
11 [he] the complainant shall be subpoenaed as a witness by the judge,
12 [his] the complainant's presence thereat shall be within the discretion
13 of the commission. [The hearing shall not be public unless the judge
14 involved shall so demand in writing.] At the hearing the commission may
15 take the testimony of witnesses and receive evidentiary data and materi-
16 al relevant to the formal written complaint. The judge shall have the
17 right to be represented by counsel during any and all stages of the
18 hearing and shall have the right to call and cross-examine witnesses and
19 present evidentiary data and material relevant to the formal written
20 complaint. A transcript of the proceedings and of the testimony of
21 witnesses at the hearing shall be taken and kept with the records of the
22 commission.
23 § 2. Section 45 of the judiciary law, as amended by chapter 35 of the
24 laws of 1983, is amended to read as follows:
25 § 45. Confidentiality of records. [1.] Except as hereinafter provided,
26 all complaints, correspondence, commission proceedings and transcripts
27 thereof, other papers and data and records of the commission shall be
28 confidential and shall not be made available to any person except pursu-
29 ant to section forty-four of this article. The commission and its desig-
30 nated staff personnel shall have access to confidential material in the
31 performance of their powers and duties. If the judge who is the subject
32 of a complaint so requests in writing, copies of [the] any pending
33 complaint, [the transcripts of hearings by the commission thereon, if
34 any] any documents made public pursuant to section forty-four of this
35 article, and the dispositive action of the commission with respect to
36 [the] any complaint resulting in a caution, admonition, censure,
37 removal, retirement, or resignation from judicial office, such copies
38 with any reference to the identity of any person who did not participate
39 at any such hearing suitably deleted therefrom, except the subject judge
40 or complainant, shall be made available for inspection and copying to
41 the public, or to any person, agency or body designated by such judge.
42 [2. Notwithstanding any provision in this section, the commission,
43 with the consent of the applicant, shall provide the record of any
44 proceeding pursuant to a formal written complaint against an applicant
45 for judicial appointment in which the applicant's misconduct was estab-
46 lished, any pending complaint against an applicant, and the record to
47 date of any pending proceeding pursuant to a formal written complaint
48 against an applicant for judicial appointment:
49 (a) to the commission on judicial nomination established by article
50 three-A of this chapter, with respect to applicants for appointment to
51 the court of appeals;
52 (b) to the governor with respect to all applicants whom the governor
53 indicates are under consideration for any judicial appointment; and
54 (c) to the temporary president of the senate and the chairman of the
55 senate judiciary committee with respect to all nominees for judicial
56 appointments which are subject to the advice and consent of the senate.]
S. 4859--A 3
1 The commission shall respond within fifteen days of a request for the
2 information provided for in this [subdivision] section.
3 § 3. Section 47 of the judiciary law, as added by chapter 156 of the
4 laws of 1978, is amended to read as follows:
5 § 47. Resignation or retirement not to divest commission or court of
6 appeals of jurisdiction. The jurisdiction of the court of appeals and
7 the commission pursuant to this article shall continue notwithstanding
8 that a judge resigns or retires from office after a [determination of
9 the commission that the judge be removed from office has been transmit-
10 ted to the chief judge of the court of appeals,] formal written
11 complaint authorized pursuant to section forty-four of this article has
12 been served on the judge or in any case in which the [commission's
13 determination that a judge should be removed from office shall be trans-
14 mitted to the chief judge of the court of apppeals] formal written
15 complaint is served on the judge within one hundred twenty days after
16 receipt by the chief administrator of the courts of the resignation or
17 retirement of such judge. Any determination by the court of appeals
18 that a judge who has resigned or retired should be removed from office
19 shall render such judge ineligible to hold any other judicial office.
20 The chief administrator of the courts shall give written notice to the
21 commission of the resignation or retirement of any judge who is the
22 subject of an investigation within five days after [his] receipt there-
23 of.
24 § 4. This act shall take effect immediately.
