Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 06, 2012 |
referred to judiciary |
Senate Bill S6631
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-S6631 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9147
- Current Committee:
- Senate Judiciary
- Law Section:
- Judiciary Law
- Laws Affected:
- Amd ยง90, Judy L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S2053, A7854
2015-2016: S2601
2011-S6631 (ACTIVE) - Summary
Authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney; provides for the sharing and return of evidence or other materials associated with such complaint, inquiry, investigation or proceeding.
2011-S6631 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6631 REVISED 03/30/12 TITLE OF BILL: An act to amend the judiciary law, in relation to authorizing the accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney and relates to the sharing and return of evidence or other materials associated with such complaint, inquiry, investigation or proceeding PURPOSE: This legislation authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney. SUMMARY OF PROVISIONS: Section 1. Section 90 of the judiciary law is amended by adding a new subdivision 11 to read as follows: 11. Notwithstanding subdivision ten of this section or any other statute, rule or regulation to the contrary: a. When the Disciplinary Committee finds a complaint of attorney misconduct substantial enough to require an answer from the attorney accused of misconduct, the committee shall provide the complainant
2011-S6631 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6631 I N S E N A T E March 6, 2012 ___________ Introduced by Sen. OPPENHEIMER -- 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 authorizing the accus- ing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or disci- pline of an attorney and relates to the sharing and return of evidence or other materials associated with such complaint, inquiry, investi- gation or proceeding THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 90 of the judiciary law is amended by adding a new subdivision 11 to read as follows: 11. NOTWITHSTANDING SUBDIVISION TEN OF THIS SECTION OR ANY OTHER STAT- UTE, RULE OR REGULATION TO THE CONTRARY: A. WHEN THE DISCIPLINARY COMMITTEE FINDS A COMPLAINT OF ATTORNEY MISCONDUCT SUBSTANTIAL ENOUGH TO REQUIRE AN ANSWER FROM THE ATTORNEY ACCUSED OF MISCONDUCT, THE COMMITTEE SHALL PROVIDE THE COMPLAINANT WITH A WRITTEN EXPLANATION OF ITS DECISION NOT TO PURSUE THE CLAIM OF ATTOR- NEY MISCONDUCT AND AN OPPORTUNITY FOR THE COMPLAINANT TO RESPOND TO SUCH DECISION; B. THE DISCIPLINARY COMMITTEE SHALL PROVIDE EVIDENCE TO ALL PARTIES TO THE COMPLAINT WHEN, IN THE COURSE OF INVESTIGATING A COMPLAINT OF ATTOR- NEY MISCONDUCT, THE COMMITTEE CREATES, IDENTIFIES, OR RELIES UPON NEW EVIDENCE AND SUCH EVIDENCE IS SHARED WITH ONE PARTY TO THE COMPLAINT; C. THE DISCIPLINARY COMMITTEE SHALL, AT THE CLOSE OF THE HANDLING OF A COMPLAINT OF ATTORNEY MISCONDUCT, PROMPTLY RETURN ANY OR ALL MATERIALS PROVIDED TO THE COMMITTEE WHEN THE COMMITTEE IS ASKED BY EITHER SIDE TO RETURN SUCH MATERIALS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13920-03-2
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