S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8593
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 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
 written statements made by witnesses who will be called to give testimo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15082-03-8

 S. 8593                             2
 
 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.