S 4859: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 4859 2025-2026 Regular Sessions  IN SENATE February 13, 2025 ___________ 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: 1 Section 1. Section 42 of the judiciary law is amended by adding a new 2 subdivision 7 to read as follows: 3 7. To transmit its annual budget request to the governor for inclusion 4 in the executive budget without revision but with such recommendation as 5 the governor may deem proper. 6 § 2. Subdivision 4 of section 44 of the judiciary law, as added by 7 chapter 156 of the laws of 1978, is amended to read as follows: 8 4. If in the course of an investigation, the commission determines 9 that a hearing is warranted it shall direct that a formal written 10 complaint signed and verified by the administrator be drawn and served 11 upon the judge involved, either personally or by certified mail, return 12 receipt requested. The judge shall file a written answer to the [the] 13 formal written complaint with the commission within twenty days of such 14 service. The formal written complaint and answer, and the record of 15 proceedings thereafter, including the hearing and any proceedings before 16 the commission, shall be public. If, upon receipt of the answer, or upon 17 expiration of the time to answer, the commission shall direct that a 18 hearing be held with respect to the formal written complaint, the judge 19 involved shall be notified in writing of the date of the hearing either 20 personally, at least twenty days prior thereto, or by certified mail, 21 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. LBD07982-02-5 
 S. 4859 2 1 the written request of the judge, the commission shall, at least five 2 days prior to the hearing or any adjourned date thereof, make available 3 to the judge without cost copies of all documents which the commission 4 intends to present at such hearing and any written statements made by 5 witnesses who will be called to give testimony by the commission. The 6 commission shall, in any case, make available to the judge at least five 7 days prior to the hearing or any adjourned date thereof any exculpatory 8 evidentiary data and material relevant to the formal written complaint. 9 The failure of the commission to timely furnish any documents, state- 10 ments and/or exculpatory evidentiary data and material provided for 11 herein shall not affect the validity of any proceedings before the 12 commission provided that such failure is not substantially prejudicial 13 to the judge. The complainant may be notified of the hearing and unless 14 [he] the complainant shall be subpoenaed as a witness by the judge, 15 [his] the complainant's presence thereat shall be within the discretion 16 of the commission. [The hearing shall not be public unless the judge 17 involved shall so demand in writing.] At the hearing the commission may 18 take the testimony of witnesses and receive evidentiary data and materi- 19 al relevant to the formal written complaint. The judge shall have the 20 right to be represented by counsel during any and all stages of the 21 hearing and shall have the right to call and cross-examine witnesses and 22 present evidentiary data and material relevant to the formal written 23 complaint. A transcript of the proceedings and of the testimony of 24 witnesses at the hearing shall be taken and kept with the records of the 25 commission. 26 § 3. Section 45 of the judiciary law, as amended by chapter 35 of the 27 laws of 1983, is amended to read as follows: 28 § 45. Confidentiality of records. [1.] Except as hereinafter provided, 29 all complaints, correspondence, commission proceedings and transcripts 30 thereof, other papers and data and records of the commission shall be 31 confidential and shall not be made available to any person except pursu- 32 ant to section forty-four of this article. The commission and its desig- 33 nated staff personnel shall have access to confidential material in the 34 performance of their powers and duties. If the judge who is the subject 35 of a complaint so requests in writing, copies of [the] any pending 36 complaint, [the transcripts of hearings by the commission thereon, if 37 any] any documents made public pursuant to section forty-four of this 38 article, and the dispositive action of the commission with respect to 39 [the] any complaint resulting in a caution, admonition, censure, 40 removal, retirement, or resignation from judicial office, such copies 41 with any reference to the identity of any person who did not participate 42 at any such hearing suitably deleted therefrom, except the subject judge 43 or complainant, shall be made available for inspection and copying to 44 the public, or to any person, agency or body designated by such judge. 45 [2. Notwithstanding any provision in this section, the commission, 46 with the consent of the applicant, shall provide the record of any 47 proceeding pursuant to a formal written complaint against an applicant 48 for judicial appointment in which the applicant's misconduct was estab- 49 lished, any pending complaint against an applicant, and the record to 50 date of any pending proceeding pursuant to a formal written complaint 51 against an applicant for judicial appointment: 52 (a) to the commission on judicial nomination established by article 53 three-A of this chapter, with respect to applicants for appointment to 54 the court of appeals; 55 (b) to the governor with respect to all applicants whom the governor 56 indicates are under consideration for any judicial appointment; and 
 S. 4859 3 1 (c) to the temporary president of the senate and the chairman of the 2 senate judiciary committee with respect to all nominees for judicial 3 appointments which are subject to the advice and consent of the senate.] 4 The commission shall respond within fifteen days of a request for the 5 information provided for in this [subdivision] section. 6 § 4. Section 47 of the judiciary law, as added by chapter 156 of the 7 laws of 1978, is amended to read as follows: 8 § 47. Resignation or retirement not to divest commission or court of 9 appeals of jurisdiction. The jurisdiction of the court of appeals and 10 the commission pursuant to this article shall continue notwithstanding 11 that a judge resigns or retires from office after a [determination of 12 the commission that the judge be removed from office has been transmit- 13 ted to the chief judge of the court of appeals,] formal written 14 complaint authorized pursuant to section forty-four of this article has 15 been served on the judge or in any case in which the [commission's 16 determination that a judge should be removed from office shall be trans- 17 mitted to the chief judge of the court of apppeals] formal written 18 complaint is served on the judge within one hundred twenty days after 19 receipt by the chief administrator of the courts of the resignation or 20 retirement of such judge. Any determination by the court of appeals 21 that a judge who has resigned or retired should be removed from office 22 shall render such judge ineligible to hold any other judicial office. 23 The chief administrator of the courts shall give written notice to the 24 commission of the resignation or retirement of any judge who is the 25 subject of an investigation within five days after [his] receipt there- 26 of. 27 § 5. This act shall take effect immediately.