Bill Text: NY A10112 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the removal of judges who are convicted of certain misdemeanor crimes and/or parole violations and requires certain hearings to be public.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-05-31 - held for consideration in judiciary [A10112 Detail]

Download: New_York-2017-A10112-Introduced.html

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     March 15, 2018
        Introduced  by  M. of A. KOLB -- read once and referred to the Committee
          on Judiciary
        AN ACT to amend the  judiciary  law,  in  relation  to  authorizing  the
          removal  of  judges  who  are  convicted of certain misdemeanor crimes
          and/or parole violations
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 44 of the judiciary law is amended by adding a new
     2  subdivision 2-a to read as follows:
     3    2-a. If the commission initiates an investigation based upon a  felony
     4  or  misdemeanor  conviction  of  a  judge, the commission is required to
     5  provide a written determination within sixty days of the  start  of  the
     6  investigation  recommending  that  the court of appeals either admonish,
     7  censure, suspend or remove a judge or justice from  office,  unless  the
     8  commission dismisses the complaint in its entirety.
     9    §  2.  Paragraph  (b)  of subdivision 8 of section 44 of the judiciary
    10  law, as added by chapter 156 of the laws of 1978, is amended to read  as
    11  follows:
    12    (b)  Upon  the  recommendation of the commission or on its own motion,
    13  the court may suspend a judge or justice from office when he is  charged
    14  with a crime punishable as a felony under the laws of this state, or any
    15  other  crime  which  involves  moral turpitude.   Crimes involving moral
    16  turpitude, for the purposes of this subdivision, shall be defined  as  a
    17  misdemeanor  or  felony  that reflects adversely on the judge's honesty,
    18  trustworthiness or fitness; any violation of the terms of  probation  or
    19  post-release  supervision from a prior felony or misdemeanor conviction;
    20  and/or any willful repeated misconduct. The  suspension  shall  continue
    21  upon  conviction  and,  if  the  conviction  becomes  final, he shall be
    22  removed from office. The suspension shall be terminated upon reversal of
    23  the conviction and dismissal of the accusatory instrument.
    24    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.