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 7000.6 - Procedure upon a formal written complaint

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Applicable law. If the commission
				  determines that a hearing is warranted, the procedures to be followed are those
				  set forth in section
				  44, subdivision
				  4, of the Judiciary
				  Law.
(b) Answer. A judge who is
				  served with a formal written complaint shall serve a verified answer within 20
				  days of service . The answer shall contain denials of those factual allegations
				  known or believed to be untrue. The answer shall also specify those factual
				  allegations as to the truth of which the judge lacks knowledge or information
				  sufficient to form a belief, and this shall have the effect of a denial. All
				  other factual allegations in the charges are deemed admitted. The answer may
				  also contain affirmative and other defenses and may assert that the specified
				  conduct alleged in the formal written complaint is not improper or unethical.
				  Failure to answer the formal written complaint shall be deemed an admission of
				  its allegations.
(c) Summary
				  determination. Either party may move before the commission for a summary
				  determination upon all or any part of the issues being adjudicated, if the
				  pleadings, and any supplementary materials, show that there is no genuine issue
				  as to any material fact and that the moving party is entitled to such decision
				  as a matter of law. A motion for summary determination may be served in the
				  same manner as a formal written complaint. If a summary determination is
				  granted, the commission shall provide reasonable opportunity for the submission
				  of briefs and oral argument with respect to possible sanctions.
(d) Agreed statement of facts. Subject to the
				  approval of the commission, the administrator and the respondent may agree on a
				  statement of facts, conclusions of law and a recommended sanction, and may
				  stipulate in writing that the hearing shall be waived. In such a case, the
				  commission shall make its determination upon the pleadings and the facts,
				  conclusions and recommendation set forth in the agreed statement.
(e) Subpoenas. Only the
				  referee designated by the commission is empowered to issue subpoenas for a
				  Commission hearing pursuant to a formal written complaint. If Commission
				  counsel or the judge who is the subject of a formal written complaint wishes to
				  subpoena a witness or books, records, documents or other evidence, a request
				  must be made to the referee on notice to the opposing side, affording a
				  reasonable opportunity to be heard. The referee shall grant reasonable requests
				  for subpoenas.
(f)
				  Motions.
(1) The commission
				  shall decide the following motions:
(i) a motion for summary
				  determination;
(ii) a motion to
				  dismiss a formal written complaint or any portion thereof ;
(iii) a motion to confirm or disaffirm the
				  findings of the referee;
(iv) a
				  motion made prior to the appointment of the referee, except that the commission
				  may refer such motion to the referee when such referral is not inconsistent
				  with the other provisions of this section ; and
(v) a motion to alter an action taken or
				  order issued by the commission.