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 7000.3 - Investigations and dispositions

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) When a complaint is received or
				  when the administrator's complaint is filed, an initial review and inquiry may
				  be undertaken.
(b)
				  Upon receipt of a complaint, or after an initial review and inquiry, the
				  complaint may be dismissed by the commission or, when authorized by the
				  commission, an investigation may be undertaken.
(c) During the course of, or after, an
				  investigation, the commission may dismiss the complaint, direct further
				  investigation, request a written response from the judge who is the subject of
				  the complaint, direct the filing of a formal written complaint or take any
				  other action authorized by section 22 of article VI of the Constitution or
				  article 2-A of the Judiciary Law. Notwithstanding the dismissal of a complaint,
				  the commission, in connection with such dismissal, may issue to the judge a
				  letter of dismissal and caution containing confidential comments, suggestions
				  and recommendations with respect to the complaint, the commission's initial
				  review and inquiry, or the commission's investigation as they pertain to the
				  judge.
(d) The administrator or,
				  when authorized by the commission, any member of the commission, may administer
				  oaths or affirmations, subpoena witnesses, compel their attendance, examine
				  them under oath or affirmation, and require the production of any books,
				  records, documents or other evidence that may be deemed relevant or material to
				  an investigation. The commission may, by resolution, delegate to staff
				  attorneys and other persons designated by the commission the power to
				  administer oaths and take testimony during investigations authorized by the
				  commission.
(e) In the course of
				  the investigation, the commission may require the appearance of the judge
				  involved before the commission, or any of its members, or a referee designated
				  by the commission, in which event the judge shall be notified in writing of the
				  judge's required appearance either (i) personally, at least three days prior to
				  such appearance, or (ii) by certified mail, return receipt requested, at least
				  five days prior to such appearance. If the judge consents in writing, service
				  may be made by an alternative method . A copy of the complaint shall be served
				  upon the judge at the time of such notification. A judge's appearance during an
				  investigation shall take place at a commission office, or if the commission so
				  directs, may be conducted virtually, and at least one member of the commission
				  or referee designated by the commission, shall be physically or virtually
				  present.
(f) The judge shall have
				  the right to be represented by counsel during any and all stages of the
				  investigation at which the judge's appearance is required, and to present
				  evidentiary data and material relevant to the complaint by submitting such data
				  and material, including a written statement, or by making an oral statement
				  which shall be transcribed. Counsel for the judge shall be permitted to advise
				  the judge of the judge's rights and otherwise confer with the judge, subject to
				  reasonable limitations to prevent obstruction of or interference with the
				  orderly conduct of the investigatory proceeding. An electronic copy of the
				  transcript of the judge's testimony shall be made available to the judge
				  without cost.
(g) A witness
				  required to appear before the commission shall have the right to be represented
				  by counsel who may be present with the witness and may advise the witness, but
				  may not otherwise take any part in the proceeding.