Bill Text: NY A05299 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes the removal of judges who are convicted of certain misdemeanor crimes and/or parole violations and requires certain hearings to be public.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A05299 Detail]

Download: New_York-2019-A05299-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5299
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2019
                                       ___________
        Introduced  by  M. of A. KOLB -- read once and referred to the Committee
          on Judiciary
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04207-02-9
        A. 5299                             2
     1  thereof,  make  available  to the judge without cost copies of all docu-
     2  ments which the commission intends to present at such  hearing  and  any
     3  written statements made by witnesses who will be called to give testimo-
     4  ny  by the commission. The commission shall, in any case, make available
     5  to the judge at least five days prior to the hearing  or  any  adjourned
     6  date  thereof  any exculpatory evidentiary data and material relevant to
     7  the complaint. The failure of the commission to timely furnish any docu-
     8  ments, statements  and/or  exculpatory  evidentiary  data  and  material
     9  provided  for  herein  shall  not affect the validity of any proceedings
    10  before the commission provided that such failure  is  not  substantially
    11  prejudicial to the judge. The complainant may be notified of the hearing
    12  and  unless he or she shall be subpoenaed as a witness by the judge, his
    13  or her presence thereat shall be within the discretion  of  the  commis-
    14  sion. The hearing shall [not] be public [unless the judge involved shall
    15  so  demand  in  writing].    At  the hearing the commission may take the
    16  testimony of witnesses and receive evidentiary data and  material  rele-
    17  vant  to the complaint. The judge shall have the right to be represented
    18  by counsel during any and all stages of the hearing and shall  have  the
    19  right  to  call and cross-examine witnesses and present evidentiary data
    20  and material relevant to the complaint.  A transcript of the proceedings
    21  and of the testimony of witnesses at the hearing shall be taken and kept
    22  with the records of the commission.
    23    § 3. Paragraphs (b) and (c) of subdivision 8  of  section  44  of  the
    24  judiciary  law, as added by chapter 156 of the laws of 1978, are amended
    25  to read as follows:
    26    (b) Upon the recommendation of the commission or on  its  own  motion,
    27  the  court  may suspend a judge or justice from office when he or she is
    28  charged with a crime punishable as a  felony  under  the  laws  of  this
    29  state,  or  any  other  crime  which  involves moral turpitude.   Crimes
    30  involving moral turpitude, for the purposes of this  subdivision,  shall
    31  be  defined  as  a  misdemeanor or felony that reflects adversely on the
    32  judge's honesty, trustworthiness or fitness; any violation of the  terms
    33  of  probation  or post-release supervision from a prior felony or misde-
    34  meanor conviction; and/or any willful repeated misconduct.  The  suspen-
    35  sion  shall  continue  upon  conviction  and,  if the conviction becomes
    36  final, he or she shall be removed from office. The suspension  shall  be
    37  terminated  upon reversal of the conviction and dismissal of the accusa-
    38  tory instrument.
    39    (c) A judge or justice who is suspended from office by the court shall
    40  not receive his or her judicial salary during  such  period  of  suspen-
    41  sion[,  unless the court directs otherwise. If the court has so directed
    42  and such suspension is thereafter terminated, the court may direct  that
    43  he shall be paid his salary for such period of suspension].
    44    § 4. This act shall take effect immediately.