Section 22. Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
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Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
a. Any judge or justice of any court in the unified court system may be censured, suspended or removed for cause, including, but not limited to, misconduct in office, persistent failure to perform his duties, habitual intemperance and conduct, on or off the bench, prejudicial to the administration of justice, or retired for mental or physical disability preventing the proper performance of his judicial duties after due notice and hearing as hereinafter provided.
b. The court on the judiciary shall be composed five justices of the appellate division from judicial departments other than the judicial department in which the judge or justice who is before the court has been elected, appointed or designated to sit. The chief judge of the court of appeals shall appoint the members of the court and shall designate one member to preside or such appointment and designation shall be made by the senior associate judge of the court of appeals or as the legislature may provide in the absence, inability or disqualification of the chief judge of the court of appeals.
c. The affirmative concurrence of not less than three members of the court shall be necessary for removal, retirement, suspension or censure and the court may disqualify a judge or justice removed from office from again holding any public office of this state. Proceedings to remove or the removal of a judge or justice from office shall not prevent his indictment and punishment according to law. A judge or justice retired for disability in accordance with this section shall thereafter receive such compensation as may be provided by law.
d. The chief judge of the court of appeals may convene the court on the judiciary upon his own motion and shall convene the court upon written request by the governor or by a presiding justice
of the appellate division, or an appellate division or upon the recommendation of the commission on judicial conduct, as hereinafter provided, or upon the written request of a judge or justice, whose censure, suspension or retirement has been recommended by the commission on judicial conduct, as hereinafter provided.
e. After the court on the judiciary has been convened and charges of removal or retirement have been preferred against a judge or justice, the presiding officer of the court on the judiciary shall, before a hearing on charges of removal for cause commences, give written notice to the governor, the temporary president of the senate and the speaker of the assembly of the name of the judge or justice against whom charges have been preferred, the nature of the charges and the date set for hearing these charges, which shall not be less than sixty days after the giving of such notice. Immediately upon receipt of such notice, the legislature shall be deemed to be in session for the purpose of this proceeding. If any member of the legislature prefers the same charges against the judge or justice concerned within thirty days after receipt of such notice and if such charges are entertained by a majority vote of the assembly, proceedings before the court on the judiciary shall be stayed pending the determination of the legislature which shall be exclusive and final. But a proceeding by the court on the judiciary for the retirement of a judge or justice for mental or physical disability preventing the proper performance of his judicial duties shall not be stayed.
f. The court on the judiciary shall have power to designate the attorney for the commission on judicial conduct to act as counsel to conduct the proceeding, to summon witnesses to appear and testify under oath and to compel the production of books, papers, documents and records before such counsel in advance of the trial and before the court upon the trial, to grant immunity from prosecution or punishment, as may be provided by law when the court deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records, and to make its own rules and procedures for the investigation and trial.
g. The court on the judiciary shall have such further powers and duties as may be provided by law.
h. The judges or justices while exercising the powers of a court on the judiciary shall serve without additional compensation but the legislature shall provide moneys by appropriation to meet the expenses of the court.
i. A judge or justice may not exercise the powers of his office while charged with a felony or while a proceeding for his removal or retirement by the court on the judiciary is pending. A judge or justice may not exercise the powers of his office nor receive his judicial salary upon pleading guilty to or being found guilty of a felony pending review of the conviction by a court
of appellate jurisdiction.
j. An appeal may be taken by either the commission on judicial conduct or the respondent to the court of appeals by permission of such court from a final determination of the court on the judiciary.
k. There shall be a commission on judicial conduct, the organization and procedure of which shall be as the legislature shall provide. The commission shall receive and investigate complaints of the public with respect to the qualifications, conduct, or fitness to perform or the performance of the official duties of any judge or justice of any court within the unified court system and may, on its own motion, initiate investigations with respect to the qualifications, conduct, or fitness to perform or the performance of the official duties of any such judge or justice. The commission may either recommend to the chief judge of the court of appeals the convening of the court on the judiciary, for stated reasons, to hear and determine charges against a judge or justice, or determine that a judge or justice be censured, suspended or retired, as provided by law. The commission shall transmit any determination of censure, suspension or retirement to the chief judge of the court of appeals who shall give written notice of such determination to the judge or justice involved. Such judge or justice may either accept the commission's determination or make written request to the chief judge, within thirty days after receipt of such notice, for the convening of the court on the judiciary to hear and determine the charges, in which event the court on the judiciary may impose whatever disciplinary measures it may determine, including removal. If such judge or justice shall accept the commission's determination or shall not request the convening of the court on the judiciary, he shall thereupon be censured, suspended or retired by the commission in accordance with its findings. The jurisdiction of the commission on judicial conduct and the court on the judiciary over any judge or justice with respect to whom a complaint has been received or an investigation initiated shall continue notwithstanding the election, re-election, appointment or reappointment of such judge or justice to any other judicial office.
l. (1) The commission on judicial conduct shall consist of three persons appointed by the governor, one of whom must be a lawyer admitted to practice in the state and two of whom shall not be lawyers, justices or judges or retired justices or judges of the unified court system; one person appointed by the president pro tem of the senate; one person appointed by the minority leader of the senate; one person appointed by the speaker of the assembly; one person appointed by the minority leader of the assembly; and two persons appointed by the chief judge of the court of appeals, one of whom must be a justice of the appellate division of the supreme court and the other of whom must be a judge or justice of a court of record other than the court of appeals. None of the persons to be appointed by the legislative leaders shall be justices or judges or retired justices or judges of the unified court system.
(2) The persons first appointed by the governor shall have respectively one, two and three year terms as he shall designate. The persons first appointed by the chief judge of the court of appeals shall have respectively three and four year terms as he shall designate. The person first appointed by the president pro tem of the senate shall have a one year term. The person first appointed by the minority leader of the senate shall have a two year term. The person first appointed by the speaker of the assembly shall have a four year term. The person first appointed by the minority leader of the assembly shall have a three year term. Each member of the commission shall be appointed thereafter for a term of four years. Commission membership of the judge or justice appointed by the chief judge shall terminate if such member ceases to hold the judicial position that qualified him for such appointment. Such membership shall also terminate if a member attains a position that would have rendered him ineligible for such membership at the time of his appointment. A vacancy shall be filled by the appointing power for the remainder of the term.
Commission on judicial conduct; composition; organization and procedure; review by court of appeals; discipline of judges or justices
a. Any judge of the court of appeals, justice of the supreme court, judge of the court of claims, judge of the county court, judge of the surrogate’s court or judge of the family court may be removed or cause or retired for mental or physical disability preventing the proper performance of his judicial duties after due notice and hearing by a court on the judiciary.
b. The court on the judiciary shall be composed of the chief judge of the court of appeals, the senior associate judge of the court of appeals and one justice of the appellate division of the supreme court in each judicial department designated by concurrence of a majority of the justices of each such appellate division of the supreme court. In the absence, inability or disqualification, of the chief judge of the court of appeals or of the senior associate judge of the court of appeals, the court of appeals shall designate a judge or judges from the court of appeals to act in his or their stead. The chief judge of the court of appeals shall act as the presiding officer of the court but in the absence, inability or disqualification of the chief judge, the senior associate judge of the court of appeals sitting on the court shall act as the presiding officer.
c. The affirmative concurrence of not less than four members of the court shall be necessary for removal or retirement and the court may disqualify a judge or justice removed from office from again holding any public office of this state. Proceedings to remove or the removal of a judge or justice from office shall not prevent his indictment and punishment according to law. A judge or justice retired for disability in accordance with this section shall thereafter receive such compensation as may be provided by law.
d. The chief judge of the court of appeals may convene the court on the judiciary upon his own motion and shall convene the court upon written request by the governor or by a presiding justice of the appellate division of the supreme court or by' a majority of the executive committee of the New York State Bar Association thereunto duly authorized. The court in its discretion may suspend the judge or justice from the exercise of his office pending the determination of the removal or retirement proceedings before the court.
e. After the court on the judiciary has been convened and charges of removal or retirement have been preferred against a judge or justice, the presiding officer of the court on the judiciary shall, before a hearing on charges of removal for cause commences, give written notice to the governor, the temporary president of the senate and the speaker of the assembly of the name of the judge or justice against whom charges have been preferred, the nature of the charges and the date set for hearing these charges, which shall not be less than sixty days after the giving of such notice. Immediately upon receipt of such notice, the legislature shall be deemed to be in session for the purpose of this proceeding. If any member of the legislature prefers the same charges against the judge or justice concerned within thirty days after receipt of such notice and if such charges are entertained by a majority vote of the assembly, proceedings before the court on the judiciary shall be stayed pending the determination of the legislature which shall be exclusive and final. But a proceeding by the court on the judiciary for the retirement of a judge or justice for mental or physical disability preventing the proper performance of his judicial duties shall not be stayed.
f. The court on the judiciary shall have power to designate an attorney or attorneys at law to act as counsel to conduct the proceeding, to summon witnesses to appear and testify under oath and to compel the production of books, papers, documents and records before such counsel in advance of the trial and before the court upon the trial, to grant immunity from prosecution or punishment when the court deems it necessary and proper in order to compel the giving of testimony under oath a;.d the production of books, papers, documents and records, and to make its own rules and procedures for the investigation and trial.
g. The court on the judiciary shall have such further powers and duties as may be provided by law.
h. The judges or justices while exercising the powers of a court on the judiciary shall serve without additional compensation but the legislature shall provide moneys by appropriation to meet the expenses of the court.
i. A judge of the courts for the city of New York established pursuant to section fifteen of this article, of the district court or of a town, village or city court outside the city of New York may, in the manner provided by law, be removed for cause or retired for disability after due notice and hearing by the appellate division of the supreme court of the judicial department of his residence.