New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7000 - Operating Procedures And Rules › Section 7000.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) Administrator
				  means the person appointed by the commission pursuant to section
				  41, subdivision
				  7, of the Judiciary
				  Law.
(b) Administrator's complaint
				  means a complaint signed by the administrator at the direction of the
				  commission, which is filed as part of the commission's records.
(c) Answer means a verified response, in
				  writing, to a formal written complaint.
(d) Clerk of the commission means the person
				  appointed by the commission pursuant to Section
				  7000.13 of these operating
				  procedures and rules.
(e) Complaint
				  means a written communication to the commission signed by the complainant,
				  making allegations against a judge as to the judge's qualifications, conduct,
				  fitness to perform, or the performance of the judge's official duties, or an
				  administrator's complaint.
(f)
				  Commission means the New York State Commission on Judicial Conduct.
(g) Dismissal means a decision at any stage
				  not to proceed further.
(h)
				  Electronic copy means a digital document in word processor, portable document
				  format (PDF) or other similar format permitted by the commission that is
				  readable on a computer. The commission may, in its discretion, issue technical
				  specifications and procedures for submission of electronic documents. Wherever
				  these rules provide for the commission or the administrator to serve, file,
				  furnish, or make available an electronic copy, the judge may request a paper
				  copy in lieu of, but not in addition to, an electronic copy.
(i) Formal written complaint means a writing,
				  signed and verified by the administrator of the commission, containing
				  allegations of judicial misconduct against a judge for determination at a
				  hearing.
(j) Hearing means an
				  adversary proceeding at which testimony of witnesses may be taken and
				  evidentiary data and material relevant to the formal written complaint may be
				  received, and at which the respondent judge is entitled to call and
				  cross-examine witnesses and present evidentiary data and material relevant to
				  the formal written complaint.
(k)
				  Initial review and inquiry means the preliminary analysis and clarification of
				  the matters set forth in a complaint, and the preliminary fact-finding
				  activities of commission staff intended to aid the commission in determining
				  whether or not to authorize an investigation with respect to such
				  complaint.
(l) Investigation, which
				  may be undertaken only at the direction of the commission, means the activities
				  of the commission or its staff intended to ascertain facts relating to the
				  accuracy, truthfulness or reliability of the matters alleged in a complaint. An
				  investigation includes the examination of witnesses under oath or affirmation,
				  requiring the production of books, records, documents or other evidence that
				  the commission or its staff may deem relevant or material to an investigation,
				  and the examination under oath or affirmation of the judge involved before the
				  commission or any of its members.
(m) Judge means a judge or justice of any
				  court in the unified court system of the State of New York.
(n) Letter of dismissal and caution means the
				  written confidential comments, suggestions and recommendations referred to in
				  sections 7000.3(c) and
				  7000.4 of this Part and issued by
				  the Commission to a judge in lieu of a formal written complaint.
(o) Letter of caution means the written
				  confidential comments, suggestions and recommendations referred to in section
				  7000.7 of this Part and issued by
				  the commission to a judge at the conclusion of proceedings pursuant to a formal
				  written complaint, upon a finding that the judge's misconduct is
				  established.
(p) Retirement means a
				  retirement for physical or mental disability preventing the proper performance
				  of judicial duties.
(q) Referee
				  means any person designated by the commission pursuant to section
				  43, subdivision
				  2, of the Judiciary
				  Law to hear and report on any matter in accordance with the provisions of
				  section
				  44 of the
				  Judiciary Law.
(r) Respondent means
				  the judge named in a formal written complaint.
(s) Virtual or virtually, when describing a
				  commission proceeding, means that the proceeding shall be conducted with
				  two-way videoconferencing or similar technology that permits all parties
				  simultaneously to hear and observe the participants and, where appropriate, to
				  examine and cross-examine all witnesses, using such procedures as the
				  commission may direct to ensure the fairness and confidentiality of the
				  proceeding.
(o)
				  Referee means any person designated by the commission pursuant to section
				  43, subdivision
				  2, of the Judiciary
				  Law to hear and report on any matter in accordance with the provisions of
				  section
				  44, subdivision
				  4, of the Judiciary
				  Law.