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. 44, No. 51, December 21, 2022
(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 his answer, verified by him, within 20 days of service of the formal written complaint. 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. 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 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 agreed statement of facts.
(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.
(g) Hearings. The referee shall set a prompt hearing date, regulate the course of the hearing, make appropriate rulings, set the time and place for adjourned or continued hearings and, consistent with subdivisions (k) and (l) of this section, fix the time for filing briefs and other documents, and shall have such other authority as specified by the commission, not inconsistent with the provisions of article 2-A of the Judiciary Law.
(i) Burden of proof and rules of evidence at hearing.
(j) Post-hearing procedures. Within a reasonable time following a hearing, the commission shall furnish to the respondent, without cost, a copy of the transcript of the hearing.
(k) The respondent who is the subject of the hearing, and the administrator, shall be afforded a reasonable opportunity to present to the referee written argument on issues of law and fact. The respondent and the administrator may file briefs and proposed findings with the referee no later than four weeks after their receipt of the transcript of the hearing. For good cause, the referee may grant a reasonable extension or may shorten the period.
(l) The referee shall submit a report to the commission with proposed findings of fact and conclusions of law. No recommendation shall be made with respect to a sanction to be imposed by the commission. The referee shall endeavor to submit such report:
(m) Following service of a formal written complaint upon the respondent, the respondent may request and authorize in writing that a copy of any determination filed by the commission with the Chief Judge of the Court of Appeals and served by the Chief Judge upon the respondent pursuant to section 44, subdivision 7, of the Judiciary Law, and a copy of any correspondence sent by the Chief Judge to the respondent, be forwarded by the Chief Judge to the respondent's counsel. The commission shall make available to the respondent a form for such request and authorization.
(n) Following the appearance of counsel representing a judge in any matter before the commission, at any stage of the proceeding, such counsel may not withdraw as counsel in the matter without the permission of the commission.
Amended New York State Register April 18, 2018/Volume XL, Issue 16, eff. 4/18/2018
Amended New York State Register May 8, 2019/Volume XLI, Issue 19, eff. 5/8/2019