A Temporary State Commission on Judicial Conduct was created by the Legislature in 1974, beginning operations in January 1975, to investigate and prosecute cases of judicial misconduct make confidential suggestions and recommendations in the nature of admonitions to judges when appropriate and, in more serious cases, recommend that formal disciplinary proceedings be commenced in the appropriate court. The temporary Commission was composed of two judges, five lawyers and two lay persons. It functioned through August 31, 1976, when it was succeeded by a permanent commission created by amendment to the State Constitution. The temporary Commission was succeeded on September 1, 1976, by the State Commission on Judicial Conduct, which was established by a constitutional amendment and supplemented by legislative enactment (Article 2-A of the Judiciary Law). The former Commission, was composed of two judges, five lawyers and two lay persons, and its jurisdiction extended to judges within the state unified court system. The former Commission's tenure lasted through March 31, 1978, when it was replaced by the present Commission. The former Commission was empowered to investigate allegations of misconduct against judges, impose certain disciplinary sanctions and, when appropriate, initiate formal disciplinary proceedings in the Court on the Judiciary, which, by the same constitutional amendment, had been given jurisdiction over all 3,500 judges in the unified court system. The sanctions that could be imposed by the former Commission were private admonition, public censure, suspension without pay for up to six months, and retirement for physical or mental disability. Censure, suspension and retirement actions could not be imposed until the judge had been afforded an opportunity for a full adversary hearing. The present Commission was created by amendment to the State Constitution, effective April 1, 1978. The amendment created an 11-member Commission (superseding the nine-member former Commission), broadened the scope of the Commission's authority and streamlined the procedure for disciplining judges within the state unified court system. The Court on the Judiciary was abolished; all formal disciplinary hearings under the new amendment are conducted by the Commission. There are currently 11 Commission members, each serving a term of four years. The Governor appoints four members, the Chief Judge of the Court of Appeals appoints three, and each of the four leaders of the State Legislature appoints one. The Constitution requires that four members be judges, at least one be an attorney, and at least two be lay persons. The Commission elects one of its members to serve as chair.
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The New York State Commission on Judicial Conduct is responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining to admonish, censure or remove from office those judges found to have engaged in unethical behavior. All determinations are subject to review in the Court of Appeals. The Commission has the authority to receive and review written complaints of misconduct against judges, initiate complaints on its own motion, conduct investigations, file Formal Written Complaints and conduct formal hearings thereon, subpoena witnesses and documents, and make appropriate determinations as to dismissing complaints or disciplining judges within the state unified court system. (NYS Constitution, Art. 6, Sect.22, and Judiciary Law Art. 2-A). The types of complaints that may be investigated by the Commission include improper demeanor, conflicts of interest, violations of defendants' or litigants' rights, intoxication, bias, prejudice, favoritism, gross neglect, corruption, certain prohibited political activity and other misconduct on or off the bench. Standards of conduct are set forth primarily in the Rules Governing Judicial Conduct and the Code of Judicial Conduct. If the Commission determines that disciplinary action is warranted, it may render a determination to impose one of four sanctions: admonish a judge publicly; censure a judge publicly; remove a judge from office; or retire a judge for disability. In accordance with its rules, the Commission may also issue a confidential letter of dismissal and caution to a judge, despite a dismissal of the complaint, when it is determined that the circumstances so warrant.
NYS Constitution, Art. 6, Sect.22; Judiciary Law Art. 2-A.
