Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Jan 11, 2011 |
referred to judiciary |
Senate Bill S1713
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- 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
2011-S1713 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Judiciary Law
- Laws Affected:
- Amd ยง44, Judy L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S6264
2013-2014: S249
2015-2016: S4132
2011-S1713 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1713 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 dosed. 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.
2011-S1713 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1713 2011-2012 Regular Sessions I N S E N A T E January 11, 2011 ___________ Introduced by Sen. SAMPSON -- 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 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. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06088-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.