S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5299
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by  M. of A. KOLB -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04207-02-9

 A. 5299                             2
 
 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-
 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 OR SHE 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 MISDE-
 MEANOR CONVICTION; AND/OR ANY WILLFUL REPEATED MISCONDUCT.  The  suspen-
 sion  shall  continue  upon  conviction  and,  if the conviction becomes
 final, he OR SHE shall be removed from office. The suspension  shall  be
 terminated  upon reversal of the conviction and dismissal of the accusa-
 tory 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.