S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10112--A
 
                           I N  A S S E M B L Y
 
                              March 15, 2018
                                ___________
 
 Introduced  by  M. of A. KOLB -- read once and referred to the Committee
   on Judiciary -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 44 of the judiciary law is amended by adding a  new
 subdivision 2-a to read as follows:
   2-A.  IF THE COMMISSION INITIATES AN INVESTIGATION BASED UPON A FELONY
 OR MISDEMEANOR CONVICTION OF A JUDGE,  THE  COMMISSION  IS  REQUIRED  TO
 PROVIDE  A  WRITTEN  DETERMINATION WITHIN ONE HUNDRED TWENTY DAYS OF THE
 START OF THE INVESTIGATION RECOMMENDING THAT THE COURT OF APPEALS EITHER
 ADMONISH, CENSURE, SUSPEND OR REMOVE A JUDGE  OR  JUSTICE  FROM  OFFICE,
 UNLESS THE COMMISSION DISMISSES THE COMPLAINT IN ITS ENTIRETY.
   §  2.  Subdivision  4  of section 44 of the judiciary law, as added by
 chapter 156 of the laws of 1978, is amended to read as follows:
   4. If in the course of an  investigation,  the  commission  determines
 that  a  hearing  is  warranted  it  shall  direct that a formal written
 complaint signed and verified by the administrator be drawn  and  served
 upon  the judge involved, either personally or by certified mail, return
 receipt requested. The judge shall file a written answer  to  the  [the]
 complaint  with  the  commission within twenty days of such service. If,
 upon receipt of the answer, or upon expiration of the  time  to  answer,
 the  commission  shall direct that a hearing be held with respect to the
 complaint, the judge involved shall be notified in writing of  the  date
 of the hearing either personally, at least twenty days prior thereto, or
 by  certified  mail,  return receipt requested, at least twenty-two days
 prior thereto. Upon the written request of  the  judge,  the  commission
 shall,  at  least  five  days prior to the hearing or any adjourned date
 thereof, make available to the judge without cost copies  of  all  docu-
 ments  which  the  commission intends to present at such hearing and any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15082-02-8

 A. 10112--A                         2
 
 written statements made by witnesses who will be called to give testimo-
 ny by the commission. The commission shall, in any case, make  available
 to  the  judge  at least five days prior to the hearing or any adjourned
 date  thereof  any exculpatory evidentiary data and material relevant to
 the complaint. The failure of the commission to timely furnish any docu-
 ments, statements  and/or  exculpatory  evidentiary  data  and  material
 provided  for  herein  shall  not affect the validity of any proceedings
 before the commission provided that such failure  is  not  substantially
 prejudicial to the judge. The complainant may be notified of the hearing
 and  unless he OR SHE shall be subpoenaed as a witness by the judge, his
 OR HER presence thereat shall be within the discretion  of  the  commis-
 sion. The hearing shall [not] be public [unless the judge involved shall
 so  demand  in  writing].    At  the hearing the commission may take the
 testimony of witnesses and receive evidentiary data and  material  rele-
 vant  to the complaint. The judge shall have the right to be represented
 by counsel during any and all stages of the hearing and shall  have  the
 right  to  call and cross-examine witnesses and present evidentiary data
 and material relevant to the complaint.  A transcript of the proceedings
 and of the testimony of witnesses at the hearing shall be taken and kept
 with the records of the commission.
   § 3. Paragraphs (b) and (c) of subdivision 8  of  section  44  of  the
 judiciary  law, as added by chapter 156 of the laws of 1978, are amended
 to read as follows:
   (b) Upon the recommendation of the commission or on  its  own  motion,
 the  court may suspend a judge or justice from office when he is charged
 with a crime punishable as a felony under the laws of this state, or any
 other crime which involves moral  turpitude.    CRIMES  INVOLVING  MORAL
 TURPITUDE,  FOR  THE PURPOSES OF THIS SUBDIVISION, SHALL BE DEFINED AS A
 MISDEMEANOR OR FELONY THAT REFLECTS ADVERSELY ON  THE  JUDGE'S  HONESTY,
 TRUSTWORTHINESS  OR  FITNESS; ANY VIOLATION OF THE TERMS OF PROBATION OR
 POST-RELEASE SUPERVISION FROM A PRIOR FELONY OR MISDEMEANOR  CONVICTION;
 AND/OR  ANY  WILLFUL  REPEATED MISCONDUCT. The suspension shall continue
 upon conviction and, if  the  conviction  becomes  final,  he  shall  be
 removed from office. The suspension shall be terminated upon reversal of
 the conviction and dismissal of the accusatory instrument.
   (c) A judge or justice who is suspended from office by the court shall
 NOT  receive  his  OR  HER judicial salary during such period of suspen-
 sion[, unless the court directs otherwise. If the court has so  directed
 and  such suspension is thereafter terminated, the court may direct that
 he shall be paid his salary for such period of suspension].
   § 4. This act shall take effect immediately.