Requires that an explanation as to the reason or reasons for the dismissal of a complaint be provided to the complainant

BILL NUMBER:S4132

Title of bill

An act to amend the judiciary law, in relation to explanation of reasons for dismissal of complaints

Purpose or general idea of bill

The purpose of this legislation is to make judicial disciplinary proceedings more open to public scrutiny by amending section 44 of the judiciary law.

Summary of specific provisions

Section 44(1) of the judiciary law is amended to indicate that if a complaint against a judge is dismissed, the Commission on Judicial Conduct must provide the basis for the determination.

Section 44(4) of the judiciary law is amended to indicate that disciplinary hearings shall be open to the public unless the complainant requests that the hearing be dosed. If the commission is acting in its capacity as a complainant, it may not request that the hearings be closed.

Section 44(6) of the judiciary law is amended to indicate that if a complaint is dismissed after a hearing, the Commission on Judicial Conduct must provide the basis for the determination.

Justification

This legislation will bring more openness and transparency to the process of judicial discipline in New York State. This bill will allow the Commission on Judicial Conduct to provide the basis for dismissing complaints rather than simply stating "There was insufficient indication of misconduct ". When a complaint details numerous allegations against a judge, even when those allegations are incorrect or unsubstantiated, the claimant has a right to know why those allegations failed. This legislation will help to bring closure to claimants seeking to bring charges against judges in New York. This legislation will also open the judicial disciplinary process. Judges are public officials whose actions on the Bench should be subject to public scrutiny. Thirty-five states currently provide for public hearings once charges have been brought against a judge. The United States Supreme Court stated in Waller v Georgia, 467 US 39, 46 (1984) that "Openness in court proceedings may improve the quality of testimony, induce unknown witnesses to come forward with relevant testimony, cause all trial participants to perform their duties more conscientiously and generally give the public an opportunity to observe the justice system." This bill will provide the public with such opportunities to observe the system and ensure that fairness and the Rule of Law are followed in judicial disciplinary proceedings. Most legal proceedings from simple hearings on speeding tickets to capital murder cases are heard throughout. New York in open courts. This legislation continues that trend of openness and sunshine by removing the shroud of confidentiality surrounding judicial disciplinary proceedings in New York.

As Victor Kovner of the Fund for Modern Courts observed "The need for openness and transparency at the hearing stage will provide the public with greater opportunity to understand and witness the process at disciplinary hearings. Confidence in the process is essential to the success of the system. It will provide a judge with an opportunity to be heard in public thus removing any rumor or innuendo that might remain after a private hearing, that might linger after the Commission exonerates a judge."

PRIOR. LEGISLATIVE HISTORY:

S.1713 of 2011 01/11/11 REFERRED TO JUDICIARY 01/04/12 REFERRED TO JUDICIARY 01/09/13 REFERRED TO JUDICIARY 01/08/14 REFERRED TO JUDICIARY

Fiscal implications

None.

Effective date

This act shall take effect immediately.