Bill Text: NY A01131 | 2015-2016 | General Assembly | Amended
Bill Title: Establishes the commission on prosecutorial conduct.
Spectrum: Partisan Bill (Democrat 41-1)
Status: (Introduced - Dead) 2016-06-14 - ordered to third reading rules cal.328 [A01131 Detail]
Download: New_York-2015-A01131-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1131--B 2015-2016 Regular Sessions IN ASSEMBLY January 8, 2015 ___________ Introduced by M. of A. PERRY, MAGNARELLI, TITUS, SOLAGES, MOSLEY, GANTT, RIVERA, GOTTFRIED, WRIGHT, DAVILA, AUBRY, RODRIGUEZ, ABINANTI, DINOW- ITZ, STECK, BRONSON, ORTIZ, SEAWRIGHT, SEPULVEDA, RUSSELL, WALKER, ROBINSON, BICHOTTE, CAHILL, ARROYO -- Multi-Sponsored by -- M. of A. BRENNAN, COOK, DenDEKKER, FAHY, FARRELL, HOOPER, LAVINE, LENTOL, LUPARDO, MAGEE, MONTESANO, O'DONNELL, PICHARDO, SIMON -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the judiciary law, in relation to establishing the commission on prosecutorial conduct The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The judiciary law is amended by adding a new article 15-A 2 to read as follows: 3 ARTICLE 15-A 4 STATE COMMISSION ON PROSECUTORIAL CONDUCT 5 Section 499-a. Establishment of commission. 6 499-b. Definitions. 7 499-c. State commission on prosecutorial conduct; organization. 8 499-d. Functions; powers and duties. 9 499-e. Panels; referees. 10 499-f. Complaint; investigation; hearing and disposition. 11 499-g. Confidentiality of records. 12 499-h. Breach of confidentiality of commission information. 13 499-i. Resignation not to divest commission or court of appeals 14 of jurisdiction. 15 499-j. Effect. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01145-04-6A. 1131--B 2 1 § 499-a. Establishment of commission. A state commission of prosecuto- 2 rial conduct is hereby established. The commission shall have the 3 authority to review the conduct of prosecutors upon the filing of a 4 complaint with the commission to determine whether said conduct as 5 alleged departs from the applicable statutes, case law, New York Rules 6 of Professional Conduct, 22 NYCRR 1200, including but not limited to 7 Rule 3.8 (Special Responsibilities of Prosecutors and Other Government 8 Lawyers). 9 § 499-b. Definitions. For the purposes of this article the following 10 terms have the following meanings: 11 1. "Commission" means the state commission on prosecutorial conduct. 12 2. "Prosecutor" means a district attorney or any assistant district 13 attorney of any county of the state, and the attorney general or any 14 assistant attorney general of the state, or any individual employed by 15 or subject to the direction and supervision of a district attorney, 16 assistant district attorney, attorney general or assistant attorney 17 general, in an action to exact any criminal penalty, fine, sanction or 18 forfeiture. 19 3. "Hearing" means a proceeding under subdivision four of section four 20 hundred ninety-nine-f of this article. 21 4. "Member of the bar" means a person admitted to the practice of law 22 in this state for at least five years. 23 § 499-c. State commission on prosecutorial conduct; organization. 1. 24 The commission shall consist of eleven members, of whom two shall be 25 appointed by the governor, two by the temporary president of the senate, 26 one by the minority leader of the senate, two by the speaker of the 27 assembly, one by the minority leader of the assembly and three by the 28 chief judge of the court of appeals. Of the members appointed by the 29 governor one shall be a public defender and one shall be a prosecutor. 30 Of the members appointed by the chief judge one person shall be a 31 justice of the appellate division of the supreme court and two shall be 32 judges of courts other than the court of appeals or appellate division. 33 Of the members appointed by the legislative leaders, there shall be an 34 equal number of prosecutors and attorneys providing defense services; 35 provided, however, that a temporary imbalance in the number of prosecu- 36 tors and defense attorneys pending new appointments shall not prevent 37 the commission from conducting business. 38 2. Membership on the commission by a prosecutor shall not constitute 39 the holding of a public office and no prosecutor shall be required to 40 take and file an oath of office before serving on the commission. The 41 members of the commission shall elect one of their number to serve as 42 chairman during his or her term of office or for a period of two years, 43 whichever is shorter. 44 3. The persons first appointed by the governor shall have respectively 45 three and four year terms as he or she shall designate. The persons 46 first appointed by the chief judge of the court of appeals shall have 47 respectively two, three and four year terms as he or she shall desig- 48 nate. The persons first appointed by the temporary president of the 49 senate shall have respectively three and four year terms as he or she 50 shall designate. The person first appointed by the minority leader of 51 the senate shall have a two year term. The persons first appointed by 52 the speaker of the assembly shall have respectively three and four year 53 terms as he or she shall designate. The person first appointed by the 54 minority leader of the assembly shall have a three year term. Each 55 member of the commission shall be appointed thereafter for a term of 56 four years. Commission membership of a judge or justice appointed by theA. 1131--B 3 1 governor or the chief judge shall terminate if such member ceases to 2 hold the judicial position which qualified him or her for such appoint- 3 ment. Membership shall also terminate if a member attains a position 4 which would have rendered him or her ineligible for appointment at the 5 time of his or her appointment. A vacancy shall be filled by the 6 appointing officer for the remainder of the term. 7 4. If a member of the commission who is a prosecutor is the subject of 8 a complaint or investigation with respect to his or her qualifications, 9 conduct, fitness to perform or performance of his or her official 10 duties, he or she shall be disqualified from participating in any and 11 all proceedings with respect thereto. If a member of the commission is 12 employed in the same organization as the subject of a complaint or 13 investigation with respect to his or her qualifications, conduct, 14 fitness to perform, or performance of his or her official duties, he or 15 she shall be disqualified from participating in any and all proceedings 16 with respect thereto. 17 5. Each member of the commission shall serve without salary or other 18 compensation, but shall be entitled to receive actual and necessary 19 expenses incurred in the discharge of his or her duties. 20 6. For any action taken pursuant to subdivisions four through nine of 21 section four hundred ninety-nine-f or subdivision two of section four 22 hundred ninety-nine-e of this article, eight members of the commission 23 shall constitute a quorum of the commission and the concurrence of six 24 members of the commission shall be necessary. Two members of a three 25 member panel of the commission shall constitute a quorum of the panel 26 and the concurrence of two members of the panel shall be necessary for 27 any action taken. 28 7. The commission shall appoint and at pleasure may remove an adminis- 29 trator who shall be a member of the bar who is not a prosecutor or 30 retired prosecutor. The administrator of the commission may appoint such 31 deputies, assistants, counsel, investigators and other officers and 32 employees as he or she may deem necessary, prescribe their powers and 33 duties, fix their compensation and provide for reimbursement of their 34 expenses within the amounts appropriated therefor. 35 § 499-d. Functions; powers and duties. The commission shall have the 36 following functions, powers and duties: 37 1. To conduct hearings and investigations, administer oaths or affir- 38 mations, subpoena witnesses, compel their attendance, examine them under 39 oath or affirmation and require the production of any books, records, 40 documents or other evidence that it may deem relevant or material to an 41 investigation; and the commission may designate any of its members or 42 any member of its staff to exercise any such powers, provided, however, 43 that except as is otherwise provided in section four hundred ninety- 44 nine-e of this article, only a member of the commission or the adminis- 45 trator shall exercise the power to subpoena witnesses or require the 46 production of books, records, documents or other evidence. 47 2. To confer immunity when the commission deems it necessary and prop- 48 er in accordance with section 50.20 of the criminal procedure law; 49 provided, however, that at least forty-eight hours prior written notice 50 of the commission's intention to confer such immunity is given the 51 attorney general and the appropriate district attorney. 52 3. To request and receive from any court, department, division, board, 53 bureau, commission, or other agency of the state or political subdivi- 54 sion thereof or any public authority such assistance, information and 55 data as will enable it properly to carry out its functions, powers and 56 duties.A. 1131--B 4 1 4. To report annually, on or before the first day of March in each 2 year and at such other times as the commission shall deem necessary, to 3 the governor, the legislature and the chief judge of the court of 4 appeals, with respect to proceedings which have been finally determined 5 by the commission. Such reports may include legislative and administra- 6 tive recommendations. The contents of the annual report and any other 7 report shall conform to the provisions of this article relating to 8 confidentiality. 9 5. To adopt, promulgate, amend and rescind rules and procedures, not 10 otherwise inconsistent with law, necessary to carry out the provisions 11 and purposes of this article. All such rules and procedures shall be 12 filed in the offices of the chief administrator of the courts and the 13 secretary of state. 14 6. To do all other things necessary and convenient to carry out its 15 functions, powers and duties expressly set forth in this article. 16 § 499-e. Panels; referees. 1. The commission may delegate any of its 17 functions, powers and duties to a panel of three of its members, one of 18 whom shall be a member of the bar, except that no panel shall confer 19 immunity in accordance with section 50.20 of the criminal procedure law. 20 No panel shall be authorized to take any action pursuant to subdivisions 21 four through nine of section four hundred ninety-nine-f of this article 22 or subdivision two of this section. 23 2. The commission may designate a member of the bar who is not a 24 prosecutor or a member of the commission or its staff as a referee to 25 hear and report to the commission in accordance with the provisions of 26 section four hundred ninety-nine-f of this article. Such referee shall 27 be empowered to conduct hearings, administer oaths or affirmations, 28 subpoena witnesses, compel their attendance, examine them under oath or 29 affirmation and require the production of any books, records, documents 30 or other evidence that the referee may deem relevant or material to the 31 subject of the hearing. 32 § 499-f. Complaint; investigation; hearing and disposition. 1. The 33 commission shall receive, initiate, investigate and hear complaints with 34 respect to the conduct, qualifications, fitness to perform, or perform- 35 ance of official duties of any prosecutor, and may determine that a 36 prosecutor be admonished, or censured; and make a recommendation to the 37 governor that a prosecutor be removed from office for cause, for, 38 including, but not limited to, misconduct in office, as evidenced by his 39 or her departure from his or her obligations under appropriate statute, 40 caselaw, and/or New York Rules of Professional Conduct, 22 NYCRR 1200, 41 including but not limited to Rule 3.8 (Special Responsibilities of 42 Prosecutors and Other Government Lawyers), persistent failure to perform 43 his or her duties, habitual intemperance and conduct, in and outside of 44 his or her office, prejudicial to the administration of justice, or that 45 a prosecutor be retired for mental or physical disability preventing the 46 proper performance of his or her prosecutorial duties. A complaint shall 47 be in writing and signed by the complainant and, if directed by the 48 commission, shall be verified. Upon receipt of a complaint (a) the 49 commission shall conduct an investigation of the complaint; or (b) the 50 commission may dismiss the complaint if it determines that the complaint 51 on its face lacks merit. If the complaint is dismissed, the commission 52 shall so notify the complainant. If the commission shall have notified 53 the prosecutor of the complaint, the commission shall also notify the 54 prosecutor of such dismissal. 55 2. The commission may, on its own motion, initiate an investigation of 56 a prosecutor with respect to his or her qualifications, conduct, fitnessA. 1131--B 5 1 to perform or the performance of his or her official duties. Prior to 2 initiating any such investigation, the commission shall file as part of 3 its record a written complaint, signed by the administrator of the 4 commission, which complaint shall serve as the basis for such investi- 5 gation. 6 3. In the course of an investigation, the commission may require the 7 appearance of the prosecutor involved before it, in which event the 8 prosecutor shall be notified in writing of his or her required appear- 9 ance, either personally, at least three days prior to such appearance, 10 or by certified mail, return receipt requested, at least five days prior 11 to such appearance. In either case a copy of the complaint shall be 12 served upon the prosecutor at the time of such notification. The prose- 13 cutor shall have the right to be represented by counsel during any and 14 all stages of the investigation in which his or her appearance is 15 required and to present evidentiary data and material relevant to the 16 complaint. A transcript shall be made and kept with respect to all 17 proceedings at which testimony or statements under oath of any party or 18 witness shall be taken, and the transcript of the prosecutor's testimony 19 shall be made available to the prosecutor without cost. Such transcript 20 shall be confidential except as otherwise permitted by section four 21 hundred ninety-nine-g of this article. 22 4. If in the course of an investigation, the commission determines 23 that a hearing is warranted it shall direct that a formal written 24 complaint signed and verified by the administrator be drawn and served 25 upon the prosecutor involved, either personally or by certified mail, 26 return receipt requested. The prosecutor shall file a written answer to 27 the complaint with the commission within twenty days of such service. 28 If, upon receipt of the answer, or upon expiration of the time to 29 answer, the commission shall direct that a hearing be held with respect 30 to the complaint, the prosecutor involved shall be notified in writing 31 of the date of the hearing either personally, at least twenty days prior 32 thereto, or by certified mail, return receipt requested, at least twen- 33 ty-two days prior thereto. Upon the written request of the prosecutor, 34 the commission shall, at least five days prior to the hearing or any 35 adjourned date thereof, make available to the prosecutor without cost 36 copies of all documents which the commission intends to present at such 37 hearing and any written statements made by witnesses who will be called 38 to give testimony by the commission. The commission shall, in any case, 39 make available to the prosecutor at least five days prior to the hearing 40 or any adjourned date thereof any exculpatory evidentiary data and mate- 41 rial relevant to the complaint. The failure of the commission to timely 42 furnish any documents, statements and/or exculpatory evidentiary data 43 and material provided for herein shall not affect the validity of any 44 proceedings before the commission provided that such failure is not 45 substantially prejudicial to the prosecutor. The complainant may be 46 notified of the hearing and unless he or she shall be subpoenaed as a 47 witness by the prosecutor, his or her presence thereat shall be within 48 the discretion of the commission. The hearing shall not be public unless 49 the prosecutor involved shall so demand in writing. At the hearing the 50 commission may take the testimony of witnesses and receive evidentiary 51 data and material relevant to the complaint. The prosecutor shall have 52 the right to be represented by counsel during any and all stages of the 53 hearing and shall have the right to call and cross-examine witnesses and 54 present evidentiary data and material relevant to the complaint. A tran- 55 script of the proceedings and of the testimony of witnesses at the hear- 56 ing shall be taken and kept with the records of the commission.A. 1131--B 6 1 5. Subject to the approval of the commission, the administrator and 2 the prosecutor may agree on a statement of facts and may stipulate in 3 writing that the hearing shall be waived. In such a case, the commission 4 shall make its determination upon the pleadings and the agreed statement 5 of facts. 6 6. If, after a formal written complaint has been served pursuant to 7 subdivision four of this section, or during the course of or after a 8 hearing, the commission determines that no further action is necessary, 9 the complaint shall be dismissed and the complainant and the prosecutor 10 shall be so notified in writing. 11 7. After a hearing, the commission may determine that a prosecutor be 12 admonished or censured, or may recommend to the governor that a prosecu- 13 tor be removed from office for cause. The commission shall transmit its 14 written determination, together with its findings of fact and conclu- 15 sions of law and the record of the proceedings upon which its determi- 16 nation is based, to the chief judge of the court of appeals who shall 17 cause a copy thereof to be served either personally or by certified 18 mail, return receipt requested, on the prosecutor involved. Upon 19 completion of service, the determination of the commission, its findings 20 and conclusions and the record of its proceedings shall be made public 21 and shall be made available for public inspection at the principal 22 office of the commission and at the office of the clerk of the court of 23 appeals. The prosecutor involved may either accept the determination of 24 the commission or make written request to the chief judge, within thirty 25 days after receipt of such determination, for a review thereof by the 26 court of appeals. If the commission has determined that a prosecutor be 27 admonished or censured, and if the prosecutor accepts such determination 28 or fails to request a review thereof by the court of appeals, the 29 commission shall thereupon admonish or censure him or her in accordance 30 with its findings. If the commission has and the court of appeals recom- 31 mends that a prosecutor be removed it shall transmit the commission and 32 court of appeals findings to the governor who will independently deter- 33 mine whether the prosecutor should be removed or retired. 34 8. If the prosecutor requests a review of the determination of the 35 commission, in its review of a determination of the commission, the 36 court of appeals shall review the commission's findings of fact and 37 conclusions of law on the record of the proceedings upon which the 38 commission's determination was based. After such review, the court may 39 accept or reject the determined sanction; impose a different sanction 40 including admonition or censure, recommend removal or retirement for the 41 reasons set forth in subdivision one of this section; or impose no sanc- 42 tion. However, if the court of appeals determines removal or retire- 43 ment, it shall, together with the commission, transmit the entire record 44 to the governor who will independently determine whether a prosecutor 45 should be removed or retired. 46 9. (a) The court of appeals may suspend a prosecutor from exercising 47 the powers of his or her office while there is pending a determination 48 by the commission for his or her removal or retirement, or while he or 49 she is charged in this state with a felony by an indictment or an infor- 50 mation filed pursuant to section six of article one of the constitution. 51 The suspension shall continue upon conviction and, if the conviction 52 becomes final, he or she shall be removed from office by the governor. 53 The suspension shall be terminated upon reversal of the conviction and 54 dismissal of the accusatory instrument. 55 (b) Upon the recommendation of the commission or on its own motion, 56 the court may suspend a prosecutor from office when he or she is chargedA. 1131--B 7 1 with a crime punishable as a felony under the laws of this state, or any 2 other crime which involves moral turpitude. The suspension shall contin- 3 ue upon conviction and, if the conviction becomes final, he or she shall 4 be removed from office. The suspension shall be terminated upon reversal 5 of the conviction and dismissal of the accusatory instrument. 6 (c) A prosecutor who is suspended from office by the court shall 7 receive his or her salary during such period of suspension, unless the 8 court directs otherwise. If the court has so directed and such suspen- 9 sion is thereafter terminated, the court may direct that he or she shall 10 be paid his or her salary for such period of suspension. 11 (d) Nothing in this subdivision shall prevent the commission from 12 determining that a prosecutor be admonished or censured or prevent the 13 commission from recommending removal or retirement pursuant to subdivi- 14 sion seven of this section. 15 10. If during the course of or after an investigation or hearing, the 16 commission determines that the complaint or any allegation thereof 17 warrants action, other than in accordance with the provisions of subdi- 18 visions seven through nine of this section, within the powers of: (a) a 19 person having administrative jurisdiction over the prosecutor involved 20 in the complaint; or (b) an appellate division of the supreme court; or 21 (c) a presiding justice of an appellate division of the supreme court; 22 or (d) the chief judge of the court of appeals; or (e) the governor 23 pursuant to subdivision (b) of section thirteen of article thirteen of 24 the constitution; or (f) an applicable district attorney's office or 25 other prosecuting agency, the commission shall refer such complaint or 26 the appropriate allegations thereof and any evidence or material related 27 thereto to such person, agency or court for such action as may be deemed 28 proper or necessary. 29 11. The commission shall notify the complainant of its disposition of 30 the complaint. 31 12. In the event of removal from office by the governor of any prose- 32 cutor, a vacancy shall exist pursuant to article three of the public 33 officers law. 34 § 499-g. Confidentiality of records. Except as hereinafter provided, 35 all complaints, correspondence, commission proceedings and transcripts 36 thereof, other papers and data and records of the commission shall be 37 confidential and shall not be made available to any person except pursu- 38 ant to section four hundred ninety-nine-f of this article. The commis- 39 sion and its designated staff personnel shall have access to confiden- 40 tial material in the performance of their powers and duties. If the 41 prosecutor who is the subject of a complaint so requests in writing, 42 copies of the complaint, the transcripts of hearings by the commission 43 thereon, if any, and the dispositive action of the commission with 44 respect to the complaint, such copies with any reference to the identity 45 of any person who did not participate at any such hearing suitably 46 deleted therefrom, except the subject prosecutor or complainant, shall 47 be made available for inspection and copying to the public, or to any 48 person, agency or body designated by such prosecutor. 49 § 499-h. Breach of confidentiality of commission information. 1. Any 50 staff member, employee or agent of the state commission on prosecutorial 51 conduct who violates any of the provisions of section four hundred nine- 52 ty-nine-g of this article shall be subject to a reprimand, a fine, 53 suspension or removal by the commission. 54 2. Within ten days after the commission has acquired knowledge that a 55 staff member, employee or agent of the commission has or may have 56 breached the provisions of section four hundred ninety-nine-g of thisA. 1131--B 8 1 article, written charges against such staff member, employee or agent 2 shall be prepared and signed by the chairman of the commission and filed 3 with the commission. Within five days after receipt of charges, the 4 commission shall determine, by a vote of the majority of all the members 5 of the commission, whether probable cause for such charges exists. If 6 such determination is affirmative, within five days thereafter a written 7 statement specifying the charges in detail and outlining his or her 8 rights under this section shall be forwarded to the accused staff 9 member, employee or agent by certified mail. The commission may suspend 10 the staff member, employee or agent, with or without pay, pending the 11 final determination of the charges. Within ten days after receipt of the 12 statement of charges, the staff member, employee or agent shall notify 13 the commission in writing whether he or she desires a hearing on the 14 charges. The failure of the staff member, employee or agent to notify 15 the commission of his or her desire to have a hearing within such period 16 of time shall be deemed a waiver of the right to a hearing. If the hear- 17 ing has been waived, the commission shall proceed, within ten days after 18 such waiver, by a vote of a majority of all the members of such commis- 19 sion, to determine the charges and fix the penalty or punishment, if 20 any, to be imposed as hereinafter provided. 21 3. Upon receipt of a request for a hearing, the commission shall sche- 22 dule a hearing, to be held at the commission offices, within twenty days 23 after receipt of the request therefor, and shall immediately notify in 24 writing the staff member, employee or agent of the time and place there- 25 of. 26 4. The commission shall have the power to establish necessary rules 27 and procedures for the conduct of hearings under this section. Such 28 rules shall not require compliance with technical rules of evidence. All 29 such hearings shall be held before a hearing panel composed of three 30 members of the commission selected by the commission. Each hearing shall 31 be conducted by the chairman of the panel who shall be selected by the 32 panel. The staff member, employee or agent shall have a reasonable 33 opportunity to defend himself and to testify on his or her own behalf. 34 He or she shall also have the right to be represented by counsel, to 35 subpoena witnesses and to cross-examine witnesses. All testimony taken 36 shall be under oath which the chairman of the panel is hereby authorized 37 to administer. A record of the proceedings shall be made and a copy of 38 the transcript of the hearing shall, upon written request, be furnished 39 without charge to the staff member, employee or agent involved. 40 5. Within five days after the conclusion of a hearing, the panel shall 41 forward a report of the hearing, including its findings and recommenda- 42 tions, including its recommendations as to penalty or punishment, if one 43 is warranted, to the commission and to the accused staff member, employ- 44 ee or agent. Within ten days after receipt of such report the commission 45 shall determine whether it shall implement the recommendations of the 46 panel. If the commission shall determine to implement such recommenda- 47 tions, which shall include the penalty or punishment, if any, of a 48 reprimand, a fine, suspension for a fixed time without pay or dismissal, 49 it shall do so within five days after such determination. If the charges 50 against the staff member, employee or agent are dismissed, he or she 51 shall be restored to his or her position with full pay for any period of 52 suspension without pay and the charges shall be expunged from his or her 53 record. 54 6. The accused staff member, employee or agent may seek review of the 55 recommendation by the commission by way of a special proceeding pursuant 56 to article seventy-eight of the civil practice law and rules.A. 1131--B 9 1 § 499-i. Resignation not to divest commission or court of appeals of 2 jurisdiction. The jurisdiction of the court of appeals and the commis- 3 sion pursuant to this article shall continue notwithstanding that a 4 prosecutor resigns from office after a recommendation by the commission 5 that the prosecutor be removed from office has been transmitted to the 6 chief judge of the court of appeals, or in any case in which the commis- 7 sion's recommendation that a prosecutor should be removed from office 8 shall be transmitted to the chief judge of the court of appeals within 9 one hundred twenty days after receipt by the chief administrator of the 10 courts of the resignation of such prosecutor. Any determination by the 11 governor that a prosecutor who has resigned should be removed from 12 office shall render such prosecutor ineligible to hold any other prose- 13 cutorial office. 14 § 499-j. Effect. 1. The powers, duties, and functions of the state 15 commission on prosecutorial conduct shall not supersede the powers and 16 duties of the governor as outlined in section thirteen of article thir- 17 teen of the New York state constitution. 18 2. Removal or retirement of a prosecutor pursuant to this article 19 shall be considered a removal from office pursuant to section thirty of 20 the public officers law. 21 § 2. If any part or provision of this act is adjudged by a court of 22 competent jurisdiction to be unconstitutional or otherwise invalid, such 23 judgment shall not affect or impair any other part or provision of this 24 act, but shall be confined in its operation to such part or provision. 25 § 3. This act shall take effect January 1, 2017.