reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.10 - Application for waiver of rules

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Except as otherwise provided in
				  this section, the board, upon application and for good cause shown, may in its
				  discretion vary the application of or waive any provision of these rules where
				  strict compliance will cause unwarranted hardship to the applicant. Such
				  application shall be in the form of a verified petition which shall set forth
				  the applicant's name, age and residence address, the facts relied upon, and a
				  prayer for relief.
(b) The following rules may not be
				  waived:
(1) the application
				  and re-application for test accommodations filing deadlines contained in
				  section 6000.4 of this Part; and
(2) the withdrawal and failure
				  to appear provisions in section
				  6000.6 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.11 - Automatic regrading of certain examination answers

Current
				  through Register Vol. 46, No. 28, July 10, 2024
The Multistate Essay Examination and Multistate Performance
					 Test answers for each applicant who receives a total weighted scale score of
					 262 to 265 following the initial grading of his or her examination shall be
					 regraded by graders other than the initial graders prior to the release of
					 results. The applicant's scores shall then be recomputed to arrive at a final
					 UBE score. There is no appeal from a final score. The initial score prior to
					 re-grading shall not be made available to the applicant.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.12 - Publication and release of Multistate Essay Examination (MEE) and Multistate Performance Test (MPT) questions, failed candidate answers and selected answers of passing applicants

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) No
				  later than 60 days after the release of the results of each bar examination,
				  the board shall post on its website copies of the MEE questions and a synopsis
				  of the MPT items that appeared on such examination and copies of representative
				  MEE and MPT answers of passing applicants. The representative answers of
				  passing applicants shall be ones which received scores superior to the average
				  scale score awarded for the relevant question. Such answers, which shall be
				  selected by the board, shall be released in a format designed to protect the
				  anonymity of the authors.
(b) Each
				  applicant who has received a final bar examination score below the required
				  passing score may obtain one set of copies of his or her own answers to the MEE
				  and MPT questions, the MEE questions, a synopsis of the MPT questions, and the
				  selected applicants' answers referred to in subdivision (a) of this section by
				  written request accompanied by payment as prescribed in section
				  6000.14(e) of
				  this Part. Such request shall be made no later than 60 days after the board's
				  failure notice to the applicant.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.14 - Schedule of fees

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Examination
				  fee.
The fee for application for admission to practice by
					 examination or re-examination, including the application for admission to
					 practice by examination using a transferred UBE score, is the amount prescribed
					 by section
					 465 of the
					 Judiciary Law.
(b) Admission
				  on motion fee.
The fee for a certificate of educational compliance
					 required of applicants for admission to practice without examination
					 (
i.e.
, admission on motion) is the amount prescribed by
					 section
					 465 of the
					 Judiciary Law and shall be paid at the time application for such certificate is
					 made.
(c) Fee to transfer a
				  Multistate Bar Examination (MBE) score from New York to another jurisdiction.
The fee for a request to transfer an MBE score earned in
					 New York to another jurisdiction is $50, and shall be paid when the form
					 provided for that purpose is filed in accordance with section
					 6000.10(a)(3) of
					 this Part.
(d) Fee for
				  duplicate certification notice.
The fee for a request for a duplicate of the board's letter
					 notifying the applicant of successful completion of the bar examination and of
					 certification to the Appellate Division is $10. Such request shall be in the
					 form of a letter containing the applicant's name, board identification number
					 (BOLE ID), date of birth, bar examination passed (month and year), and address
					 to which the duplicate is to be sent.
(e) Fee for materials available to failed
				  applicants.
The fee for a failed applicant to obtain copies of the
					 applicant's own MEE and MPT answers pursuant to section
					 6000.12(b) of
					 this Part is $40. The fee for a total packet containing the failed applicant's
					 MEE and MPT answers, the MEE questions and a synopsis of the MPT questions, and
					 selected applicants' MEE and MPT answers is $70.
(f) Fee to transfer a Multistate Professional
				  Responsibility Examination (MPRE) score.
The fee for a request to transfer an MPRE score to another
					 jurisdiction is $50, and shall be paid when the form provided for that purpose
					 is filed in accordance with section
					 6000.10(b)(2) of
					 this Part.
(g) Form of
				  payment.
The fee for first time examination or re-examination, and
					 the fee for application for admission by transferred UBE score, shall be made
					 online by credit card or, if filing by mail, by certified check, cashier's
					 check, or money order, payable to "State Board of Law Examiners." All other
					 fees shall be made by certified check, cashier's check, or money order, payable
					 to "State Board of Law Examiners."
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter I - State Board of Law Examiners › Part 6000 - Rules › Section 6000.15 - Application for waiver of rules

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Except as otherwise provided in this
				  section, the board, upon application and for good cause shown, may in its
				  discretion vary the application of or waive any provision of this Part where
				  strict compliance will cause unwarranted hardship to the applicant. Such
				  application shall be in the form of a verified petition which shall set forth
				  the applicant's name, age and residence address, the facts relied upon, and a
				  prayer for relief.
(b) The
				  following rules may not be waived:
(1) the
				  application and re-application for test accommodations filing deadlines
				  contained in section
				  6000.7 of this Part;
(2) the passing score for the UBE contained
				  in section
				  6000.3(a)(2) of
				  this Part;
(3) the passing score
				  for the NYLE contained in section
				  6000.3(c)(4) of
				  this Part;
(4) the passing score
				  for the MPRE contained in section
				  6000.3(d)(1) of
				  this Part; and
(5) the withdrawal
				  and failure to appear provisions in section
				  6000.9 of this Part.
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 7000.2 - Complaints

Current through Register Vol. 46, No. 28, July 10,
				  2024
The commission shall receive, initiate, investigate and
					 hear complaints against any judge with respect to the judge's qualifications,
					 conduct, fitness to perform, or the performance of the judge's official duties.
					 Prior to commencing an investigation of a complaint initiated by the
					 commission, the commission shall file as part of its records an administrator's
					 complaint.
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 7000.4 - Use in subsequent proceedings of letter of dismissal and caution or letter of caution

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) A letter of dismissal and caution
				  issued in lieu of a formal written complaint may be used in subsequent
				  proceedings as follows:
(1)
				  The fact that a judge had received a letter of dismissal and caution may not be
				  used to establish the misconduct alleged in a subsequent proceeding. However,
				  the underlying conduct described in the letter of dismissal and caution may be
				  charged in a subsequent formal written complaint, and evidence in support
				  thereof may be presented at the hearing.
(2) Where the underlying conduct
				  described in the letter of dismissal and caution is charged in a subsequent
				  formal written complaint, a judge may be questioned with respect to receipt of
				  the prior letter of dismissal and caution, and upon a finding by the commission
				  of a judge's misconduct with respect to the facts underlying the letter of
				  dismissal and caution, such letter of dismissal and caution may be considered
				  by the commission in determining the sanction to be imposed.
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 7000.7 - Procedure for consideration of referee's report or agreed statement of facts

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) The commission
				  shall consider the referee's report or agreed statement of facts and shall
				  provide reasonable opportunity for the submission of briefs and oral argument
				  with respect to such report or agreed statement of facts and with respect to
				  possible sanctions. The commission may require that the oral argument be
				  conducted virtually.
(1) The administrator
				  and respondent shall each serve and file an electronic copy of their brief to
				  the commission via email or by such other means as the commission may
				  direct.
(2) Either party may, with
				  the consent of the clerk of the commission, file and serve an original and two
				  paper copies, one of which shall be unbound, in lieu of an electronic
				  copy.
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 7000.8 - Confidentiality of records

Current through Register Vol. 46, No. 28,
				  July 10, 2024
The confidentiality of the commission's
					 records shall be governed by section
					 45 of the
					 Judiciary Law. Disciplining staff for breaches of confidentiality shall be
					 governed by procedures set forth in section
					 46 of the
					 Judiciary Law.
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 7000.9 - Standards of conduct

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) A judge may
				  be admonished, censured or removed for cause, including but not limited to
				  misconduct in office, persistent failure to perform the judge's 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 the judge's judicial duties.
(b) In evaluating the conduct
				  of judges, the commission shall be guided by:
(1) the requirement that judges uphold
				  and abide by the Constitution and laws of the United States and the State of
				  New York; and
(2) the requirement
				  that judges abide by the Code of Judicial Conduct, the rules of the Chief
				  Administrator and any other duly promulgated rules applicable to judges or
				  justices of the New York State unified court system.
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 7000.10 - Amending rules

Current through Register Vol. 46, No. 28, July
				  10, 2024
The rules of the commission may be amended
					 with the concurrence of at least six members.
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 7000.11 - Quorum, voting

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Six members of the commission shall
				  constitute a quorum of the commission except for any action taken pursuant to
				  section
				  43, subdivision
				  2, and section
				  44, subdivisions
				  4 through
				  8, of the Judiciary
				  Law, in which case eight members shall constitute a quorum. A member who
				  abstains from, or does not participate in, voting shall be considered to be
				  present for purposes of quorum.
(b) For any action taken by the
				  commission pursuant to its statutory functions, powers or duties, the
				  concurrence of six members shall be necessary; except any action taken pursuant
				  to section
				  44, subdivision
				  1,
				  2 or
				  3 of the Judiciary
				  Law, and any designation of a panel provided for in section
				  43, subdivision
				  1 of the Judiciary
				  Law shall require the concurrence of a majority of those members
				  present.
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 7000.12 - Commission's principal office

Current through Register Vol. 46, No.
				  28, July 10, 2024
The commission's principal office shall be
					 its New York City office.
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 7000.13 - Designation of clerk of the commission

Current through Register Vol.
				  46, No. 28, July 10, 2024
The commission shall designate a clerk of
					 the commission who shall be a member of the bar of the State of New York. The
					 clerk shall not participate in the investigation or in an adversarial capacity
					 in any matter before the commission. The clerk shall assist the commission in
					 all matters concerning its consideration of formal charges. The clerk shall
					 serve as the commission's liaison to referees appointed pursuant to section
					 43 of the
					 Judiciary Law; shall correspond on behalf of the commission with attorneys with
					 matters before the commission, including the administrator; shall schedule oral
					 arguments and other matters before the commission; shall assist the commission
					 in the preparation of determinations and orders and shall transmit the record
					 of matters to the Court of Appeals, pursuant to section
					 44, subdivision
					 7, of the Judiciary
					 Law. The clerk shall advise complainants of the commission's disposition of
					 complaints, pursuant to section
					 44, subdivisions
					 1 and
					 6, of the Judiciary
					 Law. The clerk shall perform such additional duties as may be assigned by the
					 commission. The clerk shall serve at the pleasure of the commission and the
					 terms and conditions of employment shall be established by the
					 commission.
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 7000.14 - Special rules for commission members

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) Campaigns for judicial office. No
				  commission member shall participate in or contribute to any campaign for
				  judicial office in New York State, except where the member is a candidate for
				  judicial office. When a commission member is associated with a bar association
				  committee or other organization that endorses or rates candidates for judicial
				  office, the member shall not participate in that process.
(b) Campaigns for non-judicial
				  office. A commission member who is involved in any political campaign for
				  non-judicial office shall not make reference to the member's affiliation with
				  the commission or act in any way that indicates support for the candidate by
				  the commission.
(c)
				  Disqualification based on fiduciary appointment. A commission member who has
				  accepted a discretionary fiduciary appointment from a judge shall be
				  disqualified from participating in any complaint involving that judge or the
				  judge who approves the commission member's fee for such appointment, for the
				  period beginning on the date of the appointment and ending two years after the
				  appointment is formally terminated or the member's final fee for the
				  appointment is awarded, whichever comes later.
(d) Practice of law before the
				  commission. No commission member shall represent a judge or witness, or
				  otherwise serve as counsel, before the commission while serving as a member of
				  the commission. The foregoing prohibition shall also apply to the law firm,
				  partners and associates of a member of the commission. No commission member may
				  represent a judge or witness, or otherwise serve as counsel, before the
				  commission for a period of two years after ceasing to serve as a member of the
				  commission.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) Records means a
				  written determination filed in the Court of Appeals and served upon a judge in
				  accordance with applicable provisions of law, and related findings of fact,
				  conclusions of law and the record of proceedings upon which such a
				  determination is based, and other documents which may, by law, be made
				  public.
(b) Information means
				  information which may, by law, be provided.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.2 - Purpose and scope

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) This Part provides procedures by
				  which records may be obtained.
(b) Personnel shall furnish to the
				  public information and records as defined in section
				  7001.1 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.3 - Designation of records access officer

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) The commission is responsible for
				  insuring compliance with the regulations herein and authorizes its
				  administrator to designate a records access officer. The administrator will
				  delegate to a staff member the functions of receiving requests for records and
				  providing assistance to the public.
(b) The records access officer is responsible
				  for insuring appropriate agency responses to public requests for access to
				  records.
(c) The
				  records access officer shall insure that personnel:
(1) maintain an up-to-date subject
				  matter list;
(2)
				  assist the requester in identifying requested records, if necessary;
(3) upon locating the records,
				  take one of the following actions:
(i) make records available for
				  inspection; or
(ii)
				  deny access to the records in whole or in part and explain in writing the
				  reasons therefor;
(4) upon request for copies of records,
				  make a copy available upon payment or offer to pay established fees, if any, in
				  accordance with section
				  7001.9 of this Part;
(5) upon request, certify that
				  a record is a true copy; and
(6)
				  upon failure to locate records, certify that:
(i) the commission is not the custodian for
				  such records; or
(ii) the records
				  of which the commission is a custodian cannot be found after diligent
				  search.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.4 - Location

Current through Register Vol. 46, No. 28, July 10,
				  2024
Records shall be available for public inspection at any of
					 the commission's offices.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.5 - Hours for public inspection

Current through Register Vol. 46,
				  No. 28, July 10, 2024
Requests for public access to records shall be accepted and
					 records produced upon reasonable notice during all hours regularly open for
					 business. These hours are 9:00 AM to 5:00 PM, Monday through Friday, except for
					 times when the office may be closed or visitor access may be restricted, such
					 as due to legal holidays or public health advisories, or when confidential
					 proceedings are being conducted.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.6 - Requests for public access to records

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) A written request may be required,
				  but oral requests may be accepted when records are readily available.
(b) A response shall be given
				  regarding any request reasonably describing the record or records sought within
				  five business days of receipt of the request.
(c) A request shall reasonably describe
				  the record or records sought. Whenever possible, a person requesting records
				  should supply information regarding dates, file designations or other
				  information that may help to describe the records sought.
(d) If the records access
				  officer does not provide or deny access to the record sought within five
				  business days of receipt of a request, he or she shall furnish a written
				  acknowledgment of receipt of the request and a statement of the approximate
				  date when the request will be granted or denied. If access to records is
				  neither granted nor denied within 10 business days after the date of
				  acknowledgment of receipt of a request, the request may be construed as a
				  denial of access that may be appealed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.7 - Subject matter list

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) The records access officer shall
				  maintain a reasonably detailed current list by subject matter of all records in
				  its possession as defined in section
				  7001.1 of this Part.
(b) The subject matter list
				  shall be sufficiently detailed to permit identification of the category of the
				  record sought.
(c)
				  The subject matter list shall be updated not less than twice per year. The most
				  recent update shall appear on the first page of the subject matter
				  list.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.8 - Denial of access to records

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Denial of access to records shall be in
				  writing, stating the reason therefor and advising the requester of the right to
				  appeal to the commission.
(b) If requested records are not
				  provided promptly, as required in subdivision (d) of section
				  7001.6 of this Part, such failure
				  shall also be deemed a denial of access.
(c) The commission shall hear appeals for
				  denial of access to records under the Freedom of Information Law.
(d) The time for deciding an appeal by the
				  commission shall commence upon receipt of a written appeal
				  identifying:
(e) The commission
				  shall inform the requester of its decision in writing promptly following its
				  first meeting after receipt of the appeal.
(f) The commission shall transmit to the New
				  York State Department of State Committee on Open Government copies of all
				  appeals upon receipt of appeals.
(g) The commission shall inform the appellant
				  and the Committee on Open Government of its determination in writing promptly,
				  following its first meeting after receipt of an appeal. The determination shall
				  be transmitted to the Committee on Open Government in the same manner as set
				  forth in subdivision (f) of this section.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.9 - Fees

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) There shall be
				  no fee charged for:
(1) inspection of
				  records;
(2) search for
				  records;
(3) any certification
				  pursuant to this Part ; or
(4)
				  copies of records in electronic format.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.10 - Public notice

Current through Register Vol. 46, No. 28, July
				  10, 2024
A notice containing the title or name and
					 business address of the records access officer and appeals body and the
					 location where records can be seen or copied shall be posted in a conspicuous
					 location wherever records are kept.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter V - State Commission On Judicial Conduct › Part 7001 - Public Access To Records Of The State Commission On Judicial Conduct › Section 7001.11 - Severability

Current through Register Vol. 46, No. 28, July 10,
				  2024
If any provision of this Part or the
					 application thereof to any person or circumstance is adjudged invalid by a
					 court of competent jurisdiction, such judgment shall not affect or impair the
					 validity of the other provisions of this Part or the application thereof to
					 other persons and circumstances.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.0 - Preamble

Current through Register Vol. 46, No. 28, July 10,
				  2024
Under the Constitution and laws of the State
					 of New York, the Commission on Judicial Nomination is entrusted with
					 responsibility for evaluating, and then recommending to the Governor,
					 candidates to fill vacancies on the State's highest court, the Court of Appeals
					 of the State of New York. These rules implement the overarching constitutional
					 and statutory mandate that the commission vigorously seek out, carefully
					 evaluate and then nominate to the Governor well qualified candidates from the
					 extraordinary, diverse community of lawyers admitted to practice in New York
					 State for at least 10 years. The commission seeks to discharge this duty with
					 diligence and transparency in a manner consistent with the confidentiality
					 provisions of the Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.1 - Chairperson

Current through Register Vol. 46, No. 28, July 10,
				  2024
The chairperson of the commission will
					 preside at any meeting of the commission at which the chairperson is present,
					 and, if absent, will designate another member to preside. If the chairperson is
					 unable to fulfill the duties of the office, or if the position of chairperson
					 becomes vacant, the longest-serving commissioner able to fulfill the duties of
					 chairperson will act as interim chairperson to convene a meeting of the
					 commission. The chairperson will be the sole spokesperson for the commission
					 unless the chairperson designates another commissioner or counsel as
					 spokesperson in a specific regard. In any event, the confidentiality mandated
					 by section
					 66
					 (1) of the Judiciary Law will be maintained
					 by all commissioners and staff. The chairperson will have such other functions
					 and duties as may be assigned by the commission, or are customary for the
					 office. The chairperson, and other commissioners, should make reasonable
					 efforts to attend conferences, bar association functions and other meetings
					 that present the opportunity to discuss the judicial selection process for the
					 Court of Appeals.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.2 - Counsel

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Consistent with section
				  64
				  (6) of the Judiciary Law, the commission may
				  appoint, and at its pleasure remove, a counsel and such other staff as may be
				  required from time to time, and prescribe their powers and duties. The
				  commission shall fix the compensation of its staff and provide for
				  reimbursement of their expenses within the amounts appropriated by
				  law.
(b) The
				  commission's counsel will assist the chairperson; supervise the implementation
				  of the commission's rules and resolutions; organize, oversee and report to the
				  commission on the investigation of candidates; supervise any other commission
				  staff; serve (when present) as secretary of commission meetings; and fulfill
				  such other duties as may be delegated by the commission or
				  chairperson.
(c) The
				  commission's counsel will conduct orientation sessions for newly-appointed
				  commissioners concerning the functions of the commission and the duties of
				  commissioners, including recruiting, evaluating and nominating candidates for
				  the Court of Appeals. All commissioners will be invited to participate in such
				  sessions.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.3 - Commission vacancies

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Commission membership is governed by section
					 62 of the
					 Judiciary Law. No later than 60 days prior to the occurrence of a scheduled
					 vacancy on the commission, and as soon as practicable for any other vacancy on
					 the commission, notice will be published on the commission's website,
					 distributed to the media, bar associations throughout the State and other
					 persons and organizations (as registered with the commission under section
					 7100.11 of this Part), and sent in
					 writing to the relevant appointing authority. This notice will be accompanied
					 by a statement that the ultimate objectives of wide diversity and broad
					 outreach in the nomination of well qualified candidates for the Court of
					 Appeals are best served by a commission that itself reflects the diversity of
					 New York's citizenry. The statement will further note that, consistent with the
					 commission's own commitment to diversity, as set forth in section
					 7100.8(e) of this
					 Part, appointing authorities should consider appointing highly qualified
					 individuals from a variety of backgrounds.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.4 - Meetings

Current through Register Vol. 46, No. 28, July 10,
				  2024
Meetings of the commission may be called by
					 the chairperson, or a majority of the commissioners, by written or electronic
					 notice to the other commissioners specifying the time and place of meeting.
					 Such notice will be given at least seven days before the time specified, except
					 that a meeting may be held on shorter notice, and by telephone notice, if it is
					 impractical to do otherwise. Notice of meeting may be waived by any
					 commissioner before or after the meeting, and attendance at a meeting by a
					 commissioner will constitute a waiver of notice. At least one meeting of the
					 commission will be held in every calendar year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.5 - Quorum for meetings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) A quorum will consist of at least
				  10 commissioners, according to section
				  62
				  (6) of the Judiciary Law. A quorum for any
				  meeting of the commission will be 10 commissioners who may be present either in
				  person, by telephone or by online voice communication services. For the
				  interviewing and nomination of candidates, a quorum must be physically
				  present.
(b) In the
				  event that seven or more commissioners are present in person at a duly called
				  meeting at which a quorum fails to appear, those commissioners who are present
				  at such meeting are constituted as a committee of the commission, and are
				  authorized to conduct all business of the commission and enact resolutions on
				  behalf of the commission, except as to the interviewing and nomination of
				  candidates; provided that the absent commissioners are given prompt notice of
				  any action taken by the committee; and provided that any action taken by that
				  committee is ratified at the next commission meeting at which at least 10
				  commissioners are present in person or by telephone, or is ratified by a
				  writing, or writings, signed by all the absent commissioners.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.7 - Investigation of candidates

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) In order to receive consideration
				  by the commission, candidates must set forth and verify all the information
				  called for by the questionnaire furnished by the commission, and execute the
				  accompanying forms by which the commission is given access to information and
				  records that may otherwise be confidential.
(b) Counsel will cause such inquiry to
				  be made as to the background and qualifications of a candidate as is necessary
				  to determine that all statutory or constitutional criteria for appointment to
				  the Court of Appeals are met, and to ensure that the commission will have the
				  fullest possible information available for its deliberations with respect to
				  the candidate.
(c)
				  Counsel is authorized to utilize, on the commission's behalf, the power granted
				  to the commission by section
				  64
				  (3) of the Judiciary Law, to request
				  assistance, information and data from any State agency, and, specifically,
				  shall procure the assistance of the State Police in acquiring background
				  information with respect to candidates.
(d) In the event that the chairperson,
				  counsel or any commissioner believes that the power granted by section
				  64
				  (2) of the Judiciary Law to administer oaths
				  or affirmations, or to subpoena witnesses or documents, should be utilized,
				  they shall request the authority to do so from the commission at a duly
				  constituted meeting; except that, in the event the chairperson believes that
				  any such power should be utilized on an emergency basis, the chairperson may do
				  so pursuant to the agreement of a majority of the commission given by telephone
				  or in writing. Subpoenas, or other process, issued on behalf of the commission
				  will be signed by the chairperson or, if unavailable, by counsel; and the
				  chairperson (or a commissioner designated by the chairperson) and counsel are
				  hereby empowered to administer oaths or affirmations on behalf of the
				  commission.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.8 - Consideration of candidates

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) Commissioner impartiality.
(1) A commissioner will
				  consider each applicant in an impartial, objective manner, and disclose to the
				  commission any relationship with an applicant that has or may reasonably appear
				  to have a bearing on the nomination process.
(2) A commissioner will not be
				  influenced other than by facts or opinion that are relevant to the judicial
				  qualifications of the applicants, and will promptly report to the chairperson
				  any attempt to influence a commissioner other than by fact or
				  opinion.
(3) A
				  commissioner will not individually communicate, directly or indirectly, orally
				  or in writing, with an applicant about the application or the process, from the
				  time the application is submitted until completion of the final vote on the
				  nominations.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.9 - Report to the Governor

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Following the conclusion of the meeting of
					 the commission at which the nomination procedure has been concluded, the
					 chairperson and counsel will prepare, in consultation with the commission, and
					 the chairperson will sign, a single written report to the Governor or
					 Governor-elect, as the case may be, which will contain the commission's
					 nominations, in conformance with section
					 63
					 (3) of the Judiciary Law. The report will set
					 forth:
(a) the relevant
				  accomplishments of each nominee, and include major legal matters in which the
				  nominee participated, as well as other notable professional qualities that the
				  commission considered important in determining that each was well qualified and
				  fit to serve as the Chief or an Associate Judge of the Court of Appeals, as the
				  case may be; and
(b)
				  the efforts made by the commission and counsel to publicize each vacancy and to
				  solicit applications from the broadest group of well qualified candidates.
				  However, the report will not compromise the confidentiality of commission
				  proceedings, as mandated by section
				  66 of the
				  Judiciary Law. In order to enhance participation in the selection process, the
				  report will also encourage the public to submit comments concerning the
				  nominees to the Governor prior to the Governor's appointment of a nominee, in
				  accordance with section
				  68 of the
				  Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.10 - Amendment or waiver of rules

Current through Register Vol. 46, No.
				  28, July 10, 2024
Consistent with applicable law, any rule
					 adopted by the commission may be amended, revoked, or waived in a specific
					 instance by the commission by the affirmative vote of eight commissioners
					 present at a duly constituted meeting.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.11 - Website

Current through Register Vol. 46, No. 28, July 10,
				  2024
The commission will maintain a website for
					 the purpose of communicating with the public and to aid in soliciting
					 candidates pursuant to section
					 7100.6 of this Part. At a minimum,
					 the website will contain: contact information for the commission's counsel; an
					 overview of the commission; frequently asked questions and answers concerning
					 the commission and its process; a compilation of the commission's statutory
					 authority and its rules; sample ballots and examples of balloting; and a
					 directory of current commissioners. The website will also contain a record of
					 recent commission press releases, a list of past nominees and other
					 non-confidential information of interest to the public. Additionally, the
					 website will set forth the procedure by which members of the public may:
(a) bring qualified candidates
				  for vacancies on the Court of Appeals to the attention of the commission;
				  and
(b) sign up to
				  receive commission press releases and notices by email. The commission will
				  encourage members of the public, bar associations, civic groups and others
				  throughout the State to register to receive commission press releases by email.
				  The website will be maintained by commission staff at the direction of the
				  chairperson. Access to the commission's internet security and privacy policy
				  will be clearly posted on the website, and all information posted to the
				  website will comply with the confidentiality requirements mandated by section
				  66 of the
				  Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7100 - Rules Of Procedure › Section 7100.12 - Appendix I. Voting procedures

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Statement of purpose.
(1) The commission considered
				  what voting process would best serve the constitutional and statutory mandate
				  to carefully evaluate and then nominate to the Governor well qualified
				  candidates for the Court of Appeals. Under the leadership of the late Columbia
				  Law School Professor Herbert Wechsler, the commission implemented, and has
				  since successfully used, a voting process that both encourages consensus among
				  the commissioners and promotes a thorough consideration of each candidate.
				  Voting for candidates through successive ballots fosters open discussion of
				  candidates among the commissioners and a deliberative process. This depth of
				  discussion helps ensure that each commissioner's perspective is heard and that
				  the commissioners have ample information to enable them to compare candidates
				  and select those well qualified for the Court of Appeals.
(2) The commission carefully
				  and thoroughly tested the voting procedures described below. A voting system in
				  which each commissioner ranks a finite number of candidates and assigns the
				  highest number of points to his or her most preferred candidate makes it
				  extremely difficult to manipulate the voting and greatly reduces the
				  possibility of bloc voting.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) These rules set forth the
				  procedures through which records may be obtained from the commission of the
				  State of New York Commission on Judicial Nomination (the commission).
(b) The commission shall
				  furnish to the public the records that are defined in section
				  7101.2 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.2 - Definition

Current through Register Vol. 46, No. 28, July 10,
				  2024
Records shall mean only those written
					 documents relating to the nomination process which may, pursuant to section
					 66 of the
					 Judiciary Law, be made public. Such records shall include the reports issued by
					 the commission to the Governor of nominations made by the commission, press
					 releases issued by the commission and such other documents as the commission
					 has made publicly available in the course of its functions.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.3 - Designation of records access officer

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) The commission designates its
				  counsel, or in the absence of counsel, its assistant counsel as its records
				  access officer.
(b)
				  The records access officer shall be responsible for ensuring appropriate
				  responses to public requests for access to records and information.
(c) The records access officer
				  shall ensure that the commission:
(1) assists the requester in
				  identifying requested records or information, if necessary;
(2) upon locating the records
				  or information, take one of the following actions:
(i) make records or information
				  promptly available for inspection if appropriate; or
(ii) deny access to records or
				  information in whole or in part and explain in writing the reasons
				  therefor;
(3) upon request for copies of records
				  as defined in section
				  7101.2 of this Part:
(i) make a copy available upon
				  payment or offer to pay established fees, if any; or
(ii) permit the requester to
				  copy those records;
(4) upon request, certify that a record
				  is a true copy; and
(5) upon failure to locate records,
				  certify that:
(i) the
				  commission is not the custodian for such records; or
(ii) the records of which the
				  commission is a custodian cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle C - Ancillary Agencies › Chapter VI - Judicial Nomination Commission › Part 7101 - Rules For Public Access To Records Of The State Of New York Commission On Judicial Nomination › Section 7101.4 - Location

Current through Register Vol. 46, No. 28, July 10,
				  2024
Records shall be available for public inspection at:
State of New York Commission on Judicial Nomination c/o
					 Stephen P. Younger, Esq. 1133 Avenue of the Americas New York, NY
					 10036-6710