NY Jud L § 46 (2021)
2021 New York Laws JUD - Judiciary Article 2-A - State Commission on Judicial Conduct 46 - Breach of Confidentiality of Commission Information.

§  46.  Breach  of  confidentiality of commission information. 1.  Any   staff member, employee or agent of  the  state  commission  on  judicial   conduct who violates any of the provisions of section forty-five of this   article  shall  be subject to a reprimand, a fine, suspension or removal   by the commission.2. Within ten days after the commission has acquired knowledge that  a   staff  member,  employee  or  agent  of  the  commission has or may have   breached the provisions of section forty-five of this  article,  written   charges  against  such staff member, employee or agent shall be prepared   and signed by  the  chairman  of  the  commission  and  filed  with  the   commission.    Within five days after receipt of charges, the commission   shall determine, by a vote of the majority of all  the  members  of  the   commission,  whether  probable  cause  for  such charges exists. If such   determination is affirmative, within  five  days  thereafter  a  written   statement  specifying  the  charges  in  detail and outlining his rights   under this section shall be  forwarded  to  the  accused  staff  member,   employee  or  agent  by  certified  mail. The commission may suspend the   staff member, employee or agent, with or without pay, pending the  final   determination  of  the  charges.  Within  ten  days after receipt of the   statement of charges, the staff member, employee or agent  shall  notify   the  commission  in writing whether he desires a hearing on the charges.   The failure of the  staff  member,  employee  or  agent  to  notify  the   commission  of  his  desire to have a hearing within such period of time   shall be deemed a waiver of the right to a hearing. If the  hearing  has   been  waived,  the  commission shall proceed, within ten days after such   waiver, by a vote of a majority of all the members of  such  commission,   to  determine  the charges and fix the penalty or punishment, if any, to   be imposed as hereinafter provided.3. Upon receipt of a request  for  a  hearing,  the  commission  shall   schedule  a hearing, to be held at the commission offices, within twenty   days after receipt of the request therefor, and shall immediately notify   in writing the staff member, employee or agent of  the  time  and  place   thereof.4.  The  commission  shall have the power to establish necessary rules   and procedures for the conduct of  hearings  under  this  section.  Such   rules shall not require compliance with technical rules of evidence. All   such  hearings  shall  be  held before a hearing panel composed of three   members of the commission selected by the commission. Each hearing shall   be conducted by the chairman of the panel who shall be selected  by  the   panel.  The  staff  member,  employee  or  agent shall have a reasonable   opportunity to defend himself and to testify on his own behalf. He shall   also have the right to be represented by counsel, to subpoena  witnesses   and  to cross-examine witnesses. All testimony taken shall be under oath   which the chairman of the panel is hereby authorized  to  administer.  A   record  of the proceedings shall be made and a copy of the transcript of   the hearing shall, upon written request, be furnished without charge  to   the staff member, employee or agent involved.5. Within five days after the conclusion of a hearing, the panel shall   forward   a   report   of   the  hearing,  including  its  findings  and   recommendations,  including  its  recommendations  as  to   penalty   or   punishment,  if  one  is warranted, to the commission and to the accused   staff member, employee or agent. Within ten days after receipt  of  such   report  the  commission  shall  determine whether it shall implement the   recommendations of the panel.  If  the  commission  shall  determine  to   implement  such  recommendations,  which  shall  include  the penalty or   punishment, if any, of a reprimand, a fine, suspension for a fixed  time   without  pay  or  dismissal,  it shall do so within five days after such   determination.  If the charges against the  staff  member,  employee  or    agent  are dismissed, he shall be restored to his position with full pay   for any period of suspension  without  pay  and  the  charges  shall  be   expunged from his record.6.  The accused staff member, employee or agent may seek review of the   determination of the commission by way of a special proceeding  pursuant   to article seventy-eight of the civil practice law and rules.