NY Jud L § 67 (2021)
2021 New York Laws JUD - Judiciary Article 3-A - Commission on Judicial Nomination 67 - Breach of Confidentiality of Commission Information.

§  67.  Breach  of  confidentiality of commission information. 1.  Any   staff member, employee or agent of  the  state  commission  on  judicial   nomination  who  violates  any of the provisions of section sixty-six 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 sixty-six 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.