Legislation
SECTION 48
Courts on the judiciary; former commission on judicial conduct; jurisdiction and powers
Judiciary (JUD) CHAPTER 30, ARTICLE 2-A
§ 48. Courts on the judiciary; former commission on judicial conduct;
jurisdiction and powers. Notwithstanding any other law to the contrary:
1. If a court on the judiciary shall have been convened before the first
day of April, nineteen hundred seventy-eight, and the proceeding therein
shall not have been concluded by that date, the court on the judiciary
shall have continuing jurisdiction beyond that date to conclude the
proceeding in accordance with the provisions of section twenty-two of
article six of the constitution in effect on the thirty-first day of
March, nineteen hundred seventy-eight.
2. If, pursuant to the former provisions of section twenty-two of
article six of the constitution and article two-A of the judiciary law,
a complaint had been received by the former commission on judicial
conduct but a court on the judiciary had not been convened in respect to
such matter on or before the thirty-first day of March, nineteen hundred
seventy-eight, a court on the judiciary shall not be convened, and the
provisions of section twenty-two of article six of the constitution, as
such section took effect on the first day of April, nineteen hundred
seventy-eight, and the provisions of this article shall apply.
3. All matters pending before the former commission on judicial
conduct on the thirty-first day of March, nineteen hundred
seventy-eight, shall be transferred to and, effective the first day of
April, nineteen hundred seventy-eight, shall be pending before the
commission on judicial conduct established by section twenty-two of
article six of the constitution, as such section took effect on the
first day of April, nineteen hundred seventy-eight, and all files and
records of the former commission shall be transferred to, and shall
become files and records of the new commission created by this article
from and after the first day of April, nineteen hundred seventy-eight.
4. All provisions of law enacted to take effect on or after the first
day of April, nineteen hundred seventy-eight, relating to procedures
before the commission on judicial conduct established by section
twenty-two of article six of the constitution, as such section took
effect on the first day of April, nineteen hundred seventy-eight, and
all rules adopted by such commission, shall apply to (1) all matters
coming before the commission on or after the first day of April,
nineteen hundred seventy-eight, and (2) all matters transferred to such
commission pursuant to subdivision three of this section.
5. The commission shall succeed to the exercise of all of the
functions, powers and duties of the former commission on judicial
conduct including the power to continue any investigation, proceeding or
matter pending undetermined before such former commission pursuant to
the former provisions of article two-A of this chapter and the power to
act as counsel to conduct any proceeding before a court on the
judiciary, pursuant to the former provisions of subdivision f of section
twenty-two of article six of the constitution, provided, however, that
any recommendation or determination by the commission in any matter
pending undetermined before such former commission shall be made in
accordance with the provisions of this article.
6. Any action taken, function performed or proceeding conducted by the
commission on judicial conduct pursuant to the authority of section
twenty-two of article six of the constitution, as such section took
effect on the first day of April nineteen hundred seventy-eight, prior
to the date on which the provisions of this article became effective,
are hereby legalized, ratified and confirmed.
jurisdiction and powers. Notwithstanding any other law to the contrary:
1. If a court on the judiciary shall have been convened before the first
day of April, nineteen hundred seventy-eight, and the proceeding therein
shall not have been concluded by that date, the court on the judiciary
shall have continuing jurisdiction beyond that date to conclude the
proceeding in accordance with the provisions of section twenty-two of
article six of the constitution in effect on the thirty-first day of
March, nineteen hundred seventy-eight.
2. If, pursuant to the former provisions of section twenty-two of
article six of the constitution and article two-A of the judiciary law,
a complaint had been received by the former commission on judicial
conduct but a court on the judiciary had not been convened in respect to
such matter on or before the thirty-first day of March, nineteen hundred
seventy-eight, a court on the judiciary shall not be convened, and the
provisions of section twenty-two of article six of the constitution, as
such section took effect on the first day of April, nineteen hundred
seventy-eight, and the provisions of this article shall apply.
3. All matters pending before the former commission on judicial
conduct on the thirty-first day of March, nineteen hundred
seventy-eight, shall be transferred to and, effective the first day of
April, nineteen hundred seventy-eight, shall be pending before the
commission on judicial conduct established by section twenty-two of
article six of the constitution, as such section took effect on the
first day of April, nineteen hundred seventy-eight, and all files and
records of the former commission shall be transferred to, and shall
become files and records of the new commission created by this article
from and after the first day of April, nineteen hundred seventy-eight.
4. All provisions of law enacted to take effect on or after the first
day of April, nineteen hundred seventy-eight, relating to procedures
before the commission on judicial conduct established by section
twenty-two of article six of the constitution, as such section took
effect on the first day of April, nineteen hundred seventy-eight, and
all rules adopted by such commission, shall apply to (1) all matters
coming before the commission on or after the first day of April,
nineteen hundred seventy-eight, and (2) all matters transferred to such
commission pursuant to subdivision three of this section.
5. The commission shall succeed to the exercise of all of the
functions, powers and duties of the former commission on judicial
conduct including the power to continue any investigation, proceeding or
matter pending undetermined before such former commission pursuant to
the former provisions of article two-A of this chapter and the power to
act as counsel to conduct any proceeding before a court on the
judiciary, pursuant to the former provisions of subdivision f of section
twenty-two of article six of the constitution, provided, however, that
any recommendation or determination by the commission in any matter
pending undetermined before such former commission shall be made in
accordance with the provisions of this article.
6. Any action taken, function performed or proceeding conducted by the
commission on judicial conduct pursuant to the authority of section
twenty-two of article six of the constitution, as such section took
effect on the first day of April nineteen hundred seventy-eight, prior
to the date on which the provisions of this article became effective,
are hereby legalized, ratified and confirmed.