STATE OF NEW YORK
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578
2023-2024 Regular Sessions
IN SENATE
January 5, 2023
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to eliminating the
requirement that certain papers, records and documents relating to the
misconduct or discipline of attorneys be sealed
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 10 of section 90 of the judiciary law, as added
2 by chapter 675 of the laws of 1945 and renumbered by chapter 241 of the
3 laws of 1946, is amended to read as follows:
4 10. Any statute or rule to the contrary notwithstanding, all papers,
5 records and documents upon the application or examination of any person
6 for admission as an attorney and counsellor at law [and upon any
7 complaint, inquiry, investigation or proceeding relating to the conduct
8 or discipline of an attorney or attorneys,] shall be sealed and be
9 deemed private and confidential. However, upon good cause being shown,
10 the justices of the appellate division having jurisdiction are
11 empowered, in their discretion, by written order, to permit to be
12 divulged all or any part of such papers, records and documents. In the
13 discretion of the presiding or acting presiding justice of said appel-
14 late division, such order may be made either without notice to the
15 persons or attorneys to be affected thereby or upon such notice to them
16 as he may direct. In furtherance of the purpose of this subdivision,
17 said justices are also empowered, in their discretion, from time to time
18 to make such rules as they may deem necessary. [Without regard to the
19 foregoing, in the event that charges are sustained by the justices of
20 the appellate division having jurisdiction in any complaint, investi-
21 gation or proceeding relating to the conduct or discipline of any attor-
22 ney, the records and documents in relation thereto shall be deemed
23 public records.]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02650-01-3
S. 578 2
1 § 2. This act shall take effect on the thirtieth day after it shall
2 have become a law. Effective immediately, the addition, amendment or
3 repeal of any rule or regulation necessary for the implementation of
4 this act on its effective date are authorized to be made and completed
5 on or before such date.