STATE OF NEW YORK ________________________________________________________________________ 10112 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. LBD15082-01-8