Senate Bill S4398

2023-2024 Legislative Session

Relates to the powers and authority of the state commission on judicial conduct

download bill text pdf

Sponsored By

Current 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

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2023-S4398 (ACTIVE) - Details

See Assembly Version of this Bill:
A4908
Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §§42, 44, 45 & 47, Judy L

2023-S4398 (ACTIVE) - Summary

Requires the state commission on judicial conduct to transmit its annual budget request to the governor for inclusion in the executive budget without revision; relates to complaints regarding judges and confidentiality of records; extends the jurisdiction of the state commission on judicial conduct as to judges who resign or retire while under investigation or formal charges.

2023-S4398 (ACTIVE) - Sponsor Memo

2023-S4398 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4398
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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  requiring  the  state
   commission  on  judicial conduct to transmit its annual budget request
   to  the  governor  for  inclusion  in  the  executive  budget  without
   revision;  to complaints regarding judges; and to extending the juris-
   diction of the state commission on judicial conduct as to  judges  who
   resign or retire while under investigation or formal charges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 42 of the judiciary law is amended by adding a new
 subdivision 7 to read as follows:
   7. TO TRANSMIT ITS ANNUAL BUDGET REQUEST TO THE GOVERNOR FOR INCLUSION
 IN THE EXECUTIVE BUDGET WITHOUT REVISION BUT WITH SUCH RECOMMENDATION AS
 THE GOVERNOR MAY DEEM PROPER.
   § 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]
 FORMAL WRITTEN complaint with the commission within twenty days of  such
 service.  THE  FORMAL  WRITTEN  COMPLAINT  AND ANSWER, AND THE RECORD OF
 PROCEEDINGS THEREAFTER, INCLUDING THE HEARING AND ANY PROCEEDINGS BEFORE
 THE COMMISSION, SHALL BE PUBLIC. 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 FORMAL WRITTEN 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09076-01-3
              

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