NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT - ANNUAL REPORT, 1978

• NCJ Number: 48220
• Author(s): ANON
• Date Published: 1978
• Length: 141 pages
• Corporate Author: New York State Cmssn on Judicial Conduct
• Sale Source: National Institute of Justice/
• Publication Type: Report (Annual/Periodic)
• Language: English
• Country: United States of America

Annotation

THE ACTIVITIES OF THE COMMISSION ENPOWERED TO INVESTIGATE ALLEGATIONS OF MISCONDUCT AGAINST JUDGES AND TO IMPOSE DISCIPLINARY SANCTIONS OR INITIATE REMOVAL PROCEEDINGS ARE REPORTED.

Abstract

THE STATE COMMISSION ON JUDICIAL CONDUCT WAS ESTABLISHED ON SEPTEMBER 1, 1976, BY VIRTUE OF A CONSTITUTIONAL AMENDMENT APPROVED BY THE NEW YORK ELECTORATE IN NOVEMBER 1975. FROM ITS INITIATION THROUGH DECEMBER 31, 1977, THE COMMISSION CONSIDERED 1,272 COMPLAINTS, INCLUDING 523 INITIATED ON THE COMMISSION'S OWN MOTION. OF THESE, THE COMMISSION DISMISSED 515 AND COMMENCED INVESTIGATIONS ON 757. THE COMMISSION ALSO CONTINUED 162 INVESTIGATIONS BEGUN BY ITS PREDECESSOR AGENCY. FOLLOWING FULL INVESTIGATIONS, 287 COMPLAINTS WERE DISMISSED, AND 107 COMPLAINTS RESULTED IN DISCIPLINARY ACTION BEING TAKEN BY THE COMMISSION OR IN THE RESIGNATION OF THE JUDGE INVOLVED. AT THE TIME OF THE REPORT, THERE WERE 534 INVESTIGATIONS PENDING. SINCE THE CREATION OF THE TEMPORARY COMMISSION IN 1974, A TOTAL OF 1,996 COMPLAINTS OF MISCONDUCT AGAINST 1,172 JUDGES HAVE BEEN CONSIDERED. THE COMMISSION'S INVESTIGATIONS HAVE DEALT WITH ALLEGED CONFLICTS OF INTEREST, POLITICAL ACTIVITY, NEPOTISM IN APPOINTMENTS AND HIRING, INTEMPERATE COURTROOM DEMEANOR, SPECIAL INFLUENCE IN DISPOSING OF TRAFFIC CASES, AND IMPROPER PRACTICE OF LAW. THERE HAVE BEEN 53 REMOVAL PROCEEDINGS INITIATED BY THE TEMPORARY OR PERMANENT COMMISSION. OTHER SANCTIONS HAVE INCLUDED SUSPENSION AND PUBLIC CENSURE. IN JUNE 1977, THE COMMISSION ISSUED A REPORT ON ITS STATEWIDE TICKET-FIXING INVESTIGATION. OF 45 JUDGES RECOMMENDED FOR REMOVAL PROCEEDINGS BY THE COMMISSION FROM SEPTEMBER 1976 THROUGH DECEMBER 1977, 40 WERE INVOLVED IN TICKET FIXING. DETAILS OF THE COMMISSION'S ACTIONS, INCLUDING AN UPDATE ON THE TICKET-FIXING INVESTIGATION, ARE REPORTED, TOGETHER WITH RECOMMENDATIONS TO THE STATE LEGISLATURE AND THE ADMINISTRATIVE BOARD OF THE JUDICIAL CONFERENCE. PLANS TO BROADEN THE COMMISSION'S AUTHORITY ARE NOTED. SUPPORTING DOCUMENTATION IS APPENDED. (AUTHOR ABSTRACT MODIFIED--LKM)