2023 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.