Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Jun 06, 2013 |
referred to judiciary |
Assembly Bill A7854
2013-2014 Legislative Session
Sponsored By
OTIS
Archive: Last Bill Status - In Assembly 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
2013-A7854 (ACTIVE) - Details
2013-A7854 (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.
2013-A7854 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7854 2013-2014 Regular Sessions I N A S S E M B L Y June 6, 2013 ___________ Introduced by M. of A. OTIS -- read once and referred 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. LBD05130-01-3
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