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 7000.7 - Procedure for consideration of referee's report or agreed statement of facts

Current through Register Vol. 44, No. 51, December 21, 2022

(a) The commission shall consider the referee's report or agreed statement of facts and shall provide reasonable opportunity for the submission of briefs and oral argument with respect to such report or agreed statement of facts and with respect to possible sanctions. The respondent judge shall file an original and 10 copies of any brief submitted to the commission.

(b) In making a determination following receipt of a referee's report or agreed statement of facts, the commission members shall not have the aid or advice of the administrator or commission staff who has been or is engaged in the investigative or prosecutive functions in connection with the case under consideration or a factually related case.

(c) If the commission determines that a judge who is the subject of a hearing shall be admonished, censured, removed or retired, the commission shall transmit its written determination, together with its findings of fact and conclusions of law and the record of the proceedings upon which the determination is based, to the Chief Judge of the Court of Appeals.

(d) If the commission determines that the respondent judge's misconduct is established but that a determination other than admonition, censure, removal or retirement from office is appropriate, the commission may issue to the judge a letter of caution containing confidential comments, suggestions and recommendations with respect to the formal written complaint.

(e) If the commission determines that the formal written complaint is not sustained, that the judge's misconduct is not established and that no further action is necessary, the formal written complaint shall be dismissed.

(f) The commission shall notify the complainant of its disposition of the complaint.

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