Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 01, 2010 |
advanced to third reading |
Feb 24, 2010 |
2nd report cal. |
Feb 23, 2010 |
1st report cal.150 |
Jan 06, 2010 |
referred to judiciary |
Nov 16, 2009 |
print number 6264a |
Nov 16, 2009 |
amend and recommit to rules |
Nov 04, 2009 |
referred to rules |
Senate Bill S6264
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R) Senate District
2009-S6264 - Details
2009-S6264 - Sponsor Memo
BILL NUMBER: S6264 TITLE OF BILL : An act to amend the judiciary law, in relation to explanation of reasons for dismissal of complaints PURPOSE OR GENERAL IDEA OF BILL : The purpose of this legislation is to make judicial disciplinary proceedings more open to public scrutiny by amending sections 44 and 45 of the judiciary law. SUMMARY OF SPECIFIC PROVISIONS : Section 44(1) of the judiciary law is amended to indicate that if a complaint against a judge is dismissed, the Commission on Judicial Conduct must provide a detailed explanation to the complainant as to why the case was dismissed. Section 44(3) of the judiciary law is amended to delete a provision that transcripts in judicial discipline proceedings are confidential. Section 44(4) of the judiciary law is amended to indicate that disciplinary hearings shall be open to the public. Section 44(6) of the judiciary law is amended to indicate that if a complaint is dismissed after a hearing, the Commission on Judicial
2009-S6264 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6264 2009-2010 Regular Sessions I N S E N A T E November 4, 2009 ___________ Introduced by Sens. SAMPSON, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the judiciary law, in relation to explanation of reasons for dismissal of complaints THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 44 of the judiciary law, as added by chapter 156 of the laws of 1978, is amended to read as follows: S 44. Complaint; investigation; hearing and disposition. 1. The commission shall receive, initiate, investigate and hear complaints with respect to the conduct, qualifications, fitness to perform, or perform- ance of official duties of any judge, and, in accordance with the provisions of subdivision d of section twenty-two of article six of the constitution, may determine that a judge be admonished, censured or removed from office for cause, including, but not limited to, misconduct in office, persistent failure to perform his duties, habitual intemper- ance and conduct, on or off the bench, prejudicial to the administration of justice, or that a judge be retired for mental or physical disability preventing the proper performance of his judicial duties. A complaint shall be in writing [and signed by the complainant and, if directed by the commission, shall be verified]. Upon receipt of a complaint (a) the commission shall conduct an investigation of the complaint; or (b) the commission may dismiss the complaint if it determines that the complaint on its face lacks merit. If the complaint is dismissed, the commission shall [so notify] PROVIDE A DETAILED EXPLANATION AS TO THE REASON OR REASONS SUCH COMPLAINT WAS DISMISSED TO the complainant. If the commis- sion shall have notified the judge of the complaint, the commission shall also notify the judge of such dismissal. 2. The commission may, on its own motion, initiate an investigation of a judge with respect to his qualifications, conduct, fitness to perform or the performance of his official duties. Prior to initiating any such investigation, the commission shall file as part of its record a written complaint, signed by the administrator of the commission, which complaint shall serve as the basis for such investigation.
co-Sponsors
(D, WF) Senate District
(R) Senate District
(D) 11th Senate District
(D) Senate District
2009-S6264A (ACTIVE) - Details
2009-S6264A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6264A TITLE OF BILL : An act to amend the judiciary law, in relation to explanation of reasons for dismissal of complaints PURPOSE OR GENERAL IDEA OF BILL : The purpose of this legislation is to make judicial disciplinary proceedings more open to public scrutiny by amending sections 44 and 45 of the judiciary law. SUMMARY OF SPECIFIC PROVISIONS : Section 44(1) of the judiciary law is amended to indicate that if a complaint against a judge is dismissed, the Commission on Judicial Conduct must provide the basis for the determination. Section 44(4) of the judiciary law is amended to indicate that disciplinary hearings shall be open to the public unless the complainant requests that the hearing be closed. If the commission is acting in its capacity as a complainant, it may not request that the hearings be closed. Section 44(6) of the judiciary law is amended to indicate that if a complaint is dismissed after a hearing, the Commission on Judicial Conduct must provide the basis for the determination.
2009-S6264A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6264--A 2009-2010 Regular Sessions I N S E N A T E November 4, 2009 ___________ Introduced by Sens. SAMPSON, MAZIARZ, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the judiciary law, in relation to explanation of reasons for dismissal of complaints THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 44 of the judiciary law, as added by chapter 156 of the laws of 1978, is amended to read as follows: S 44. Complaint; investigation; hearing and disposition. 1. The commission shall receive, initiate, investigate and hear complaints with respect to the conduct, qualifications, fitness to perform, or perform- ance of official duties of any judge, and, in accordance with the provisions of subdivision d of section twenty-two of article six of the constitution, may determine that a judge be admonished, censured or removed from office for cause, including, but not limited to, misconduct in office, persistent failure to perform his duties, habitual intemper- ance and conduct, on or off the bench, prejudicial to the administration of justice, or that a judge be retired for mental or physical disability preventing the proper performance of his judicial duties. A complaint shall be in writing [and signed by the complainant and, if directed by the commission, shall be verified]. Upon receipt of a complaint (a) the commission shall conduct an investigation of the complaint; or (b) the commission may dismiss the complaint if it determines that the complaint on its face lacks merit. If the complaint is dismissed, the commission shall [so notify] PROVIDE THE BASIS FOR THE DETERMINATION FOR THE DISMISSAL TO the complainant. If the commission shall have notified the judge of the complaint, the commission shall also notify the judge of such dismissal. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14885-02-9
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