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. 12, March 20, 2024
(a) A letter of dismissal and caution issued in lieu of a formal written complaint may be used in subsequent proceedings as follows:
(b) As to any prior letter of dismissal and caution or letter of caution to the respondent judge that is not already in the record of a proceeding commenced by the filing of a formal written complaint, the administrator and respondent may address such letter in their briefs to the commission and at oral argument before the commission, for purposes of sanction only. Any prior letter used in such a manner would become part of the record of the present proceeding. If the respondent and the administrator do not address such letter in their briefs to the commission or at oral argument, the commission may consider such letter only with regard to sanction and only if the respondent and the administrator had been given an opportunity to address it. Any prior letter used in such fashion would become part of the record of the present proceeding if the commission relied on it in determining sanction.