STATE OF NEW YORK
2017-2018 Regular Sessions
January 13, 2017
Introduced by Sens. DeFRANCISCO, BAILEY, COMRIE, HAMILTON, PARKER,
RIVERA -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee and committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Judiciary in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to amend the judiciary law, in relation to establishing the
commission on prosecutorial conduct
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The judiciary law is amended by adding a new article 15-A
2 to read as follows:
3 ARTICLE 15-A
4 STATE COMMISSION ON PROSECUTORIAL CONDUCT
5 Section 499-a. Establishment of commission.
6 499-b. Definitions.
7 499-c. State commission on prosecutorial conduct; organization.
8 499-d. Functions; powers and duties.
9 499-e. Panels; referees.
10 499-f. Complaint; investigation; hearing and disposition.
11 499-g. Confidentiality of records.
12 499-h. Breach of confidentiality of commission information.
13 499-i. Resignation not to divest commission or court of appeals
14 of jurisdiction.
15 499-j. Effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 2412--D 2
1 § 499-a. Establishment of commission. A state commission of prosecuto-
2 rial conduct is hereby established. The commission shall have the
3 authority to review the conduct of prosecutors upon the filing of a
4 complaint with the commission to determine whether said conduct as
5 alleged departs from the applicable statutes, case law, New York Rules
6 of Professional Conduct, 22 NYCRR 1200, including but not limited to
7 Rule 3.8 (Special Responsibilities of Prosecutors and Other Government
9 § 499-b. Definitions. For the purposes of this article the following
10 terms have the following meanings:
11 1. "Commission" means the state commission on prosecutorial conduct.
12 2. "Prosecutor" means a district attorney or any assistant district
13 attorney of any county of the state in an action to exact any criminal
14 penalty, fine, sanction or forfeiture.
15 3. "Hearing" means a proceeding under subdivision four of section four
16 hundred ninety-nine-f of this article.
17 4. "Member of the bar" means a person admitted to the practice of law
18 in this state for at least five years.
19 § 499-c. State commission on prosecutorial conduct; organization. 1.
20 The commission shall consist of eleven members, of whom two shall be
21 appointed by the governor, two by the temporary president of the senate,
22 one by the minority leader of the senate, two by the speaker of the
23 assembly, one by the minority leader of the assembly and three by the
24 chief judge of the court of appeals. Of the members appointed by the
25 governor one shall be a public defender and one shall be a prosecutor.
26 Of the members appointed by the chief judge one person shall be a
27 justice of the appellate division of the supreme court and two shall be
28 judges of courts other than the court of appeals or appellate division.
29 Of the members appointed by the legislative leaders, there shall be an
30 equal number of prosecutors and attorneys providing defense services;
31 provided, however, that a temporary imbalance in the number of prosecu-
32 tors and defense attorneys pending new appointments shall not prevent
33 the commission from conducting business.
34 2. Membership on the commission by a prosecutor shall not constitute
35 the holding of a public office and no prosecutor shall be required to
36 take and file an oath of office before serving on the commission. The
37 members of the commission shall elect one of their number to serve as
38 chairman during his or her term of office or for a period of two years,
39 whichever is shorter.
40 3. The persons first appointed by the governor shall have respectively
41 three and four year terms as he or she shall designate. The persons
42 first appointed by the chief judge of the court of appeals shall have
43 respectively two, three and four year terms as he or she shall desig-
44 nate. The persons first appointed by the temporary president of the
45 senate shall have respectively three and four year terms as he or she
46 shall designate. The person first appointed by the minority leader of
47 the senate shall have a two year term. The persons first appointed by
48 the speaker of the assembly shall have respectively three and four year
49 terms as he or she shall designate. The person first appointed by the
50 minority leader of the assembly shall have a three year term. Each
51 member of the commission shall be appointed thereafter for a term of
52 four years. Commission membership of a judge or justice appointed by the
53 governor or the chief judge shall terminate if such member ceases to
54 hold the judicial position which qualified him or her for such appoint-
55 ment. Membership shall also terminate if a member attains a position
56 which would have rendered him or her ineligible for appointment at the
S. 2412--D 3
1 time of his or her appointment. A vacancy shall be filled by the
2 appointing officer for the remainder of the term.
3 4. If a member of the commission who is a prosecutor is the subject of
4 a complaint or investigation with respect to his or her qualifications,
5 conduct, fitness to perform or performance of his or her official
6 duties, he or she shall be disqualified from participating in any and
7 all proceedings with respect thereto. If a member of the commission is
8 employed in the same organization as the subject of a complaint or
9 investigation with respect to his or her qualifications, conduct,
10 fitness to perform, or performance of his or her official duties, he or
11 she shall be disqualified from participating in any and all proceedings
12 with respect thereto.
13 5. Each member of the commission shall serve without salary or other
14 compensation, but shall be entitled to receive actual and necessary
15 expenses incurred in the discharge of his or her duties.
16 6. For any action taken pursuant to subdivisions four through nine of
17 section four hundred ninety-nine-f or subdivision two of section four
18 hundred ninety-nine-e of this article, eight members of the commission
19 shall constitute a quorum of the commission and the concurrence of six
20 members of the commission shall be necessary. Two members of a three
21 member panel of the commission shall constitute a quorum of the panel
22 and the concurrence of two members of the panel shall be necessary for
23 any action taken.
24 7. The commission shall appoint and at pleasure may remove an adminis-
25 trator who shall be a member of the bar who is not a prosecutor or
26 retired prosecutor. The administrator of the commission may appoint such
27 deputies, assistants, counsel, investigators and other officers and
28 employees as he or she may deem necessary, prescribe their powers and
29 duties, fix their compensation and provide for reimbursement of their
30 expenses within the amounts appropriated therefor.
31 § 499-d. Functions; powers and duties. The commission shall have the
32 following functions, powers and duties:
33 1. To conduct hearings and investigations, administer oaths or affir-
34 mations, subpoena witnesses, compel their attendance, examine them under
35 oath or affirmation and require the production of any books, records,
36 documents or other evidence that it may deem relevant or material to an
37 investigation; and the commission may designate any of its members or
38 any member of its staff to exercise any such powers, provided, however,
39 that except as is otherwise provided in section four hundred ninety-
40 nine-e of this article, only a member of the commission or the adminis-
41 trator shall exercise the power to subpoena witnesses or require the
42 production of books, records, documents or other evidence. The prose-
43 cuting agency may inform the commission of its position that the commis-
44 sion's investigations will substantially interfere with the agency's own
45 investigation or prosecution. If the prosecuting agency, by affirmation
46 with specificity and particularity, informs the commission of its basis
47 for that position, the commission shall only exercise its powers in a
48 way that will not interfere with an agency's active investigation or
50 2. To confer immunity when the commission deems it necessary and prop-
51 er in accordance with section 50.20 of the criminal procedure law;
52 provided, however, that at least forty-eight hours prior written notice
53 of the commission's intention to confer such immunity is given the
54 attorney general and the appropriate district attorney.
55 3. To request and receive from any court, department, division, board,
56 bureau, commission, or other agency of the state or political subdivi-
S. 2412--D 4
1 sion thereof or any public authority such assistance, information and
2 data as will enable it properly to carry out its functions, powers and
4 4. To report annually, on or before the first day of March in each
5 year and at such other times as the commission shall deem necessary, to
6 the governor, the legislature and the chief judge of the court of
7 appeals, with respect to proceedings which have been finally determined
8 by the commission. Such reports may include legislative and administra-
9 tive recommendations. The contents of the annual report and any other
10 report shall conform to the provisions of this article relating to
12 5. To adopt, promulgate, amend and rescind rules and procedures, not
13 otherwise inconsistent with law, necessary to carry out the provisions
14 and purposes of this article. All such rules and procedures shall be
15 filed in the offices of the chief administrator of the courts and the
16 secretary of state.
17 6. To do all other things necessary and convenient to carry out its
18 functions, powers and duties expressly set forth in this article.
19 § 499-e. Panels; referees. 1. The commission may delegate any of its
20 functions, powers and duties to a panel of three of its members, one of
21 whom shall be a member of the bar, except that no panel shall confer
22 immunity in accordance with section 50.20 of the criminal procedure law.
23 No panel shall be authorized to take any action pursuant to subdivisions
24 four through nine of section four hundred ninety-nine-f of this article
25 or subdivision two of this section.
26 2. The commission may designate a member of the bar who is not a
27 prosecutor or a member of the commission or its staff as a referee to
28 hear and report to the commission in accordance with the provisions of
29 section four hundred ninety-nine-f of this article. Such referee shall
30 be empowered to conduct hearings, administer oaths or affirmations,
31 subpoena witnesses, compel their attendance, examine them under oath or
32 affirmation and require the production of any books, records, documents
33 or other evidence that the referee may deem relevant or material to the
34 subject of the hearing.
35 § 499-f. Complaint; investigation; hearing and disposition. 1. The
36 commission shall receive, initiate, investigate and hear complaints with
37 respect to the conduct, qualifications, fitness to perform, or perform-
38 ance of official duties of any prosecutor, and may determine that a
39 prosecutor be admonished, or censured; and make a recommendation to the
40 governor that a prosecutor be removed from office for cause, for,
41 including, but not limited to, misconduct in office, as evidenced by his
42 or her departure from his or her obligations under appropriate statute,
43 case law, and/or New York Rules of Professional Conduct, 22 NYCRR 1200,
44 including but not limited to Rule 3.8 (Special Responsibilities of
45 Prosecutors and Other Government Lawyers), persistent failure to perform
46 his or her duties, habitual intemperance and conduct, in and outside of
47 his or her office, prejudicial to the administration of justice, or that
48 a prosecutor be retired for mental or physical disability preventing the
49 proper performance of his or her prosecutorial duties. A complaint shall
50 be in writing and signed by the complainant and, if directed by the
51 commission, shall be verified. Upon receipt of a complaint (a) the
52 commission shall conduct an investigation of the complaint; or (b) the
53 commission may dismiss the complaint if it determines that the complaint
54 on its face lacks merit. If the complaint is dismissed, the commission
55 shall so notify the complainant. If the commission shall have notified
56 the prosecutor of the complaint, the commission shall also notify the
S. 2412--D 5
1 prosecutor of such dismissal. Pursuant to paragraph a of subdivision
2 four of section ninety of this chapter, any person being an attorney and
3 counselor-at-law who shall be convicted of a felony as defined in para-
4 graph e of subdivision four of section ninety of this chapter, shall
5 upon such conviction, cease to be any attorney and counselor-at-law, or
6 to be competent to practice law as such.
7 2. The commission may, on its own motion, initiate an investigation of
8 a prosecutor with respect to his or her qualifications, conduct, fitness
9 to perform or the performance of his or her official duties. Prior to
10 initiating any such investigation, the commission shall file as part of
11 its record a written complaint, signed by the administrator of the
12 commission, which complaint shall serve as the basis for such investi-
14 3. In the course of an investigation, the commission may require the
15 appearance of the prosecutor involved before it, in which event the
16 prosecutor shall be notified in writing of his or her required appear-
17 ance, either personally, at least three days prior to such appearance,
18 or by certified mail, return receipt requested, at least five days prior
19 to such appearance. In either case a copy of the complaint shall be
20 served upon the prosecutor at the time of such notification. The prose-
21 cutor shall have the right to be represented by counsel during any and
22 all stages of the investigation in which his or her appearance is
23 required and to present evidentiary data and material relevant to the
24 complaint. A transcript shall be made and kept with respect to all
25 proceedings at which testimony or statements under oath of any party or
26 witness shall be taken, and the transcript of the prosecutor's testimony
27 shall be made available to the prosecutor without cost. Such transcript
28 shall be confidential except as otherwise permitted by section four
29 hundred ninety-nine-g of this article.
30 4. If in the course of an investigation, the commission determines
31 that a hearing is warranted it shall direct that a formal written
32 complaint signed and verified by the administrator be drawn and served
33 upon the prosecutor involved, either personally or by certified mail,
34 return receipt requested. The prosecutor shall file a written answer to
35 the complaint with the commission within twenty days of such service.
36 If, upon receipt of the answer, or upon expiration of the time to
37 answer, the commission shall direct that a hearing be held with respect
38 to the complaint, the prosecutor involved shall be notified in writing
39 of the date of the hearing either personally, at least twenty days prior
40 thereto, or by certified mail, return receipt requested, at least twen-
41 ty-two days prior thereto. Upon the written request of the prosecutor,
42 the commission shall, at least five days prior to the hearing or any
43 adjourned date thereof, make available to the prosecutor without cost
44 copies of all documents which the commission intends to present at such
45 hearing and any written statements made by witnesses who will be called
46 to give testimony by the commission. The commission shall, in any case,
47 make available to the prosecutor at least five days prior to the hearing
48 or any adjourned date thereof any exculpatory evidentiary data and mate-
49 rial relevant to the complaint. The failure of the commission to timely
50 furnish any documents, statements and/or exculpatory evidentiary data
51 and material provided for herein shall not affect the validity of any
52 proceedings before the commission provided that such failure is not
53 substantially prejudicial to the prosecutor. The complainant may be
54 notified of the hearing and unless he or she shall be subpoenaed as a
55 witness by the prosecutor, his or her presence thereat shall be within
56 the discretion of the commission. The hearing shall not be public unless
S. 2412--D 6
1 the prosecutor involved shall so demand in writing. At the hearing the
2 commission may take the testimony of witnesses and receive evidentiary
3 data and material relevant to the complaint. The prosecutor shall have
4 the right to be represented by counsel during any and all stages of the
5 hearing and shall have the right to call and cross-examine witnesses and
6 present evidentiary data and material relevant to the complaint. A tran-
7 script of the proceedings and of the testimony of witnesses at the hear-
8 ing shall be taken and kept with the records of the commission.
9 5. Subject to the approval of the commission, the administrator and
10 the prosecutor may agree on a statement of facts and may stipulate in
11 writing that the hearing shall be waived. In such a case, the commission
12 shall make its determination upon the pleadings and the agreed statement
13 of facts.
14 6. If, after a formal written complaint has been served pursuant to
15 subdivision four of this section, or during the course of or after a
16 hearing, the commission determines that no further action is necessary,
17 the complaint shall be dismissed and the complainant and the prosecutor
18 shall be so notified in writing.
19 7. After a hearing, the commission may determine that a prosecutor be
20 admonished or censured, or may recommend to the governor that a prosecu-
21 tor be removed from office for cause. The commission shall transmit its
22 written determination, together with its findings of fact and conclu-
23 sions of law and the record of the proceedings upon which its determi-
24 nation is based, to the chief judge of the court of appeals who shall
25 cause a copy thereof to be served either personally or by certified
26 mail, return receipt requested, on the prosecutor involved. Upon
27 completion of service, the determination of the commission, its findings
28 and conclusions and the record of its proceedings shall be made public
29 and shall be made available for public inspection at the principal
30 office of the commission and at the office of the clerk of the court of
31 appeals. The prosecutor involved may either accept the determination of
32 the commission or make written request to the chief judge, within thirty
33 days after receipt of such determination, for a review thereof by the
34 court of appeals. If the commission has determined that a prosecutor be
35 admonished or censured, and if the prosecutor accepts such determination
36 or fails to request a review thereof by the court of appeals, the
37 commission shall thereupon admonish or censure him or her in accordance
38 with its findings. If the commission has recommended that a prosecutor
39 be removed or retired and the prosecutor accepts such determination or
40 fails to request a review thereof by the court of appeals, the court of
41 appeals shall thereupon transmit the commission's findings to the gover-
42 nor who will independently determine whether the prosecutor should be
43 removed or retired.
44 8. If the prosecutor requests a review of the determination of the
45 commission, in its review of a determination of the commission pursuant
46 to the second undesignated paragraph of subdivision b of section three
47 of article six of the state constitution, the court of appeals shall
48 review the commission's findings of fact and conclusions of law on the
49 record of the proceedings upon which the commission's determination was
50 based. After such review, the court may accept or reject the determined
51 sanction; impose a different sanction including admonition or censure,
52 recommend removal or retirement for the reasons set forth in subdivision
53 one of this section; or impose no sanction. However, if the court of
54 appeals recommends removal or retirement, it shall, together with the
55 commission, transmit the entire record to the governor who will inde-
56 pendently determine whether a prosecutor should be removed or retired.
S. 2412--D 7
1 9. (a) The court of appeals may suspend a prosecutor from exercising
2 the powers of his or her office while there is pending a determination
3 by the commission for his or her removal or retirement, or while he or
4 she is charged in this state with a felony by an indictment or an infor-
5 mation filed pursuant to section six of article one of the constitution.
6 The suspension shall terminate upon conviction of a felony resulting in
7 such prosecutor's disbarment pursuant to paragraph a of subdivision four
8 of section ninety of this chapter. If such conviction becomes final, he
9 or she shall be removed from office. The suspension shall be terminated
10 upon reversal of the conviction and dismissal of the accusatory instru-
12 (b) Upon the recommendation of the commission or on its own motion,
13 the court may suspend a prosecutor from office when he or she is charged
14 with a crime punishable as a felony under the laws of this state, or any
15 other crime which involves moral turpitude. The suspension shall termi-
16 nate upon conviction of a felony resulting in such prosecutor's disbar-
17 ment pursuant to paragraph a of subdivision four of section ninety of
18 this chapter. The suspension shall continue upon conviction of any other
19 crime which involves moral turpitude and, if such conviction becomes
20 final, he or she shall be removed from office. The suspension shall be
21 terminated upon reversal of the conviction and dismissal of the accusa-
22 tory instrument.
23 (c) A prosecutor who is suspended from office by the court shall
24 receive his or her salary during such period of suspension, unless the
25 court directs otherwise. If the court has so directed and such suspen-
26 sion is thereafter terminated, the court may direct that he or she shall
27 be paid his or her salary for such period of suspension.
28 (d) Nothing in this subdivision shall prevent the commission from
29 determining that a prosecutor be admonished or censured or prevent the
30 commission from recommending removal or retirement pursuant to subdivi-
31 sion seven of this section.
32 10. If during the course of or after an investigation or hearing, the
33 commission determines that the complaint or any allegation thereof
34 warrants action, other than in accordance with the provisions of subdi-
35 visions seven through nine of this section, within the powers of: (a) a
36 person having administrative jurisdiction over the prosecutor involved
37 in the complaint; or (b) an appellate division of the supreme court; or
38 (c) a presiding justice of an appellate division of the supreme court;
39 or (d) the chief judge of the court of appeals; or (e) the governor
40 pursuant to subdivision (b) of section thirteen of article thirteen of
41 the constitution; or (f) an applicable district attorney's office or
42 other prosecuting agency, the commission shall refer such complaint or
43 the appropriate allegations thereof and any evidence or material related
44 thereto to such person, agency or court for such action as may be deemed
45 proper or necessary.
46 11. The commission shall notify the complainant of its disposition of
47 the complaint.
48 12. In the event of removal from office of any prosecutor, pursuant to
49 subdivision seven or eight or paragraph (a) or (b) of subdivision nine
50 of this section, a vacancy shall exist pursuant to article three of the
51 public officers law.
52 § 499-g. Confidentiality of records. Except as hereinafter provided,
53 all complaints, correspondence, commission proceedings and transcripts
54 thereof, other papers and data and records of the commission shall be
55 confidential and shall not be made available to any person except pursu-
56 ant to section four hundred ninety-nine-f of this article. The commis-
S. 2412--D 8
1 sion and its designated staff personnel shall have access to confiden-
2 tial material in the performance of their powers and duties. If the
3 prosecutor who is the subject of a complaint so requests in writing,
4 copies of the complaint, the transcripts of hearings by the commission
5 thereon, if any, and the dispositive action of the commission with
6 respect to the complaint, such copies with any reference to the identity
7 of any person who did not participate at any such hearing suitably
8 deleted therefrom, except the subject prosecutor or complainant, shall
9 be made available for inspection and copying to the public, or to any
10 person, agency or body designated by such prosecutor.
11 § 499-h. Breach of confidentiality of commission information. 1. Any
12 staff member, employee or agent of the state commission on prosecutorial
13 conduct who violates any of the provisions of section four hundred nine-
14 ty-nine-g of this article shall be subject to a reprimand, a fine,
15 suspension or removal by the commission.
16 2. Within ten days after the commission has acquired knowledge that a
17 staff member, employee or agent of the commission has or may have
18 breached the provisions of section four hundred ninety-nine-g of this
19 article, written charges against such staff member, employee or agent
20 shall be prepared and signed by the chairman of the commission and filed
21 with the commission. Within five days after receipt of charges, the
22 commission shall determine, by a vote of the majority of all the members
23 of the commission, whether probable cause for such charges exists. If
24 such determination is affirmative, within five days thereafter a written
25 statement specifying the charges in detail and outlining his or her
26 rights under this section shall be forwarded to the accused staff
27 member, employee or agent by certified mail. The commission may suspend
28 the staff member, employee or agent, with or without pay, pending the
29 final determination of the charges. Within ten days after receipt of the
30 statement of charges, the staff member, employee or agent shall notify
31 the commission in writing whether he or she desires a hearing on the
32 charges. The failure of the staff member, employee or agent to notify
33 the commission of his or her desire to have a hearing within such period
34 of time shall be deemed a waiver of the right to a hearing. If the hear-
35 ing has been waived, the commission shall proceed, within ten days after
36 such waiver, by a vote of a majority of all the members of such commis-
37 sion, to determine the charges and fix the penalty or punishment, if
38 any, to be imposed as hereinafter provided.
39 3. Upon receipt of a request for a hearing, the commission shall sche-
40 dule a hearing, to be held at the commission offices, within twenty days
41 after receipt of the request therefor, and shall immediately notify in
42 writing the staff member, employee or agent of the time and place there-
44 4. The commission shall have the power to establish necessary rules
45 and procedures for the conduct of hearings under this section. Such
46 rules shall not require compliance with technical rules of evidence. All
47 such hearings shall be held before a hearing panel composed of three
48 members of the commission selected by the commission. Each hearing shall
49 be conducted by the chairman of the panel who shall be selected by the
50 panel. The staff member, employee or agent shall have a reasonable
51 opportunity to defend himself and to testify on his or her own behalf.
52 He or she shall also have the right to be represented by counsel, to
53 subpoena witnesses and to cross-examine witnesses. All testimony taken
54 shall be under oath which the chairman of the panel is hereby authorized
55 to administer. A record of the proceedings shall be made and a copy of
S. 2412--D 9
1 the transcript of the hearing shall, upon written request, be furnished
2 without charge to the staff member, employee or agent involved.
3 5. Within five days after the conclusion of a hearing, the panel shall
4 forward a report of the hearing, including its findings and recommenda-
5 tions, including its recommendations as to penalty or punishment, if one
6 is warranted, to the commission and to the accused staff member, employ-
7 ee or agent. Within ten days after receipt of such report the commission
8 shall determine whether it shall implement the recommendations of the
9 panel. If the commission shall determine to implement such recommenda-
10 tions, which shall include the penalty or punishment, if any, of a
11 reprimand, a fine, suspension for a fixed time without pay or dismissal,
12 it shall do so within five days after such determination. If the charges
13 against the staff member, employee or agent are dismissed, he or she
14 shall be restored to his or her position with full pay for any period of
15 suspension without pay and the charges shall be expunged from his or her
17 6. The accused staff member, employee or agent may seek review of the
18 recommendation by the commission by way of a special proceeding pursuant
19 to article seventy-eight of the civil practice law and rules.
20 § 499-i. Resignation not to divest commission or court of appeals of
21 jurisdiction. The jurisdiction of the court of appeals and the commis-
22 sion pursuant to this article shall continue notwithstanding that a
23 prosecutor resigns from office after a recommendation by the commission
24 that the prosecutor be removed from office has been transmitted to the
25 chief judge of the court of appeals, or in any case in which the commis-
26 sion's recommendation that a prosecutor should be removed from office
27 shall be transmitted to the chief judge of the court of appeals within
28 one hundred twenty days after receipt by the chief administrator of the
29 courts of the resignation of such prosecutor. Any determination by the
30 governor that a prosecutor who has resigned should be removed from
31 office shall render such prosecutor ineligible to hold any other prose-
32 cutorial office.
33 § 499-j. Effect. 1. The powers, duties, and functions of the state
34 commission on prosecutorial conduct shall not supersede the powers and
35 duties of the governor as outlined in section thirteen of article thir-
36 teen of the New York state constitution.
37 2. Removal or retirement of a prosecutor pursuant to this article
38 shall be considered a removal from office pursuant to section thirty of
39 the public officers law.
40 § 2. If any part or provision of this act is adjudged by a court of
41 competent jurisdiction to be unconstitutional or otherwise invalid, such
42 judgment shall not affect or impair any other part or provision of this
43 act, but shall be confined in its operation to such part or provision.
44 § 3. This act shall take effect on the first of January next succeed-
45 ing the date upon which it shall have become a law.