NCJ Number
48215
Date Published
1976
Length
37 pages
Annotation
COMPLAINTS RECEIVED AGAINST JUDGES IN NEW YORK STATE AND DISPOSITIONS OF THESE COMPLAINTS ARE SUMMARIZED. RECOMMENDATIONS ARE MADE FOR IMPROVED WORDING OF RULES OF CONDUCT, FOR FINANCIAL DISCLOSURE, AND FOR TRAINING.
Abstract
THE TEMPORARY STATE COMMISSION ON JUDICIAL CONDUCT WAS ESTABLISHED IN JUNE 1974. THIS IS ITS FINAL REPORT BEFORE THE FUNCTION OF JUDICAL REVIEW IS ASSUMED BY A PERMANENT STATE COMMISSION ON JUDICIAL CONDUCT. DURING THE 18 MONTHS OF ITS WORK, THE TEMPORARY COMMISSION REVIEWED 724 COMPLAINTS, 441 OF WHICH WERE DISMISSED AFTER INITIAL REVIEW. MOST OF THESE WERE FILED BY DISAPPOINTED LITIGANTS OR CONVICTED DEFENDANTS AND MORE PROPERLY BELONGED IN APPELLATE COURT. AN ADDITIONAL 77 COMPLAINTS WERE DISMISSED AFTER INVESTIGATION. THE 163 CASES STILL UNDER REVIEW WILL BE ASSUMED BY THE PERMANENT COMMISSION. DISCIPLINARY ACTION ALREADY TAKEN IS SUMMARIZED. THESE INCLUDE REMOVAL PROCEEDINGS, ADMONITIONS, AND RESIGNATIONS. IN ADDITION, THE COMMISSION RECOMMENDS CLARIFICATION OF WORDING FOR SEVERAL SECTIONS OF THE RULES GOVERNING JUDICIAL CONDUCT. A NEW PROVISION REQUIRING FINANCIAL DISCLOSURE SHOULD BE INCLUDED IN THE RULES OF THE ADMINISTRATIVE BOARD. STATES WHICH ALREADY REQUIRE SUCH DISCLOSURES ARE REVIEWED. MORE TRAINING IS URGED, ESPECIALLY FOR PART-TIME MAGISTRATES. RECORDKEEPING NEEDS TO BE EMPHASIZED. TRAINING IS NEEDED TO HELP PART-TIME JUDGES DISTINGUISH BETWEEN THE NEED TO KEEP CASES FROM CONTINUING BEYOND A REASONABLE PERIOD AND THE DUTY TO ADMINISTER JUSTICE. APPENDIXES GIVE BIOGRAPHIES OF THE COMMISSION MEMBERS, AN ANALYSIS OF COMPLAINTS RECEIVED, AND COPIES OF A REMOVAL ORDER AND AN OPINION REPRIMANDING A JUDGE. (GLR)