NCJ Number
53801
Journal
Chicago-Kent Law Review Volume: 54 Issue: 1 Dated: (1977) Pages: 137-146
Date Published
1977
Length
10 pages
Annotation
THE COMMISSION SYSTEM OF JUDICIAL DISCIPLINE IN NEW YORK STATE IS DESCRIBED.
Abstract
DISSATISFACTION WITH THE EXISTING SYSTEM OF JUDICIAL DISCIPLINE LED TO AN AMENDMENT OF THE NEW YORK STATE CONSTITUION. THIS AMENDMENT RECONSTITUTED THE COURT AND THE JUDICIARY, GAVE THE COURT JURISDICATION IN DISCIPLINARY CASES OVER ALL JUDGES IN THE STATE (INCLUDING LOWER COURT JUDGES WHO HAD PREVIOUSLY BEEN UNDER THE JURISDICTION OF FOUR APPELLATE DIVISIONS, AND CREATED A STATEWIDE COMMISSION ON JUDICIAL CONDUCT WITH FULL INVESTIGATORY AND LIMITED DISCIPLINARY AUTHORITY OF ITS OWN. THE STATEWIDE SCOPE OF THE COMMISSION'S JURISDICTION EFFECTIVELY ENDED THE FRAGMENTED DEPARTMENTAL APPROACH TO INVESTIGATIONS OF MISCONDUCT AND CONSOLIDATED THE ENTIRE STATE PROCESS IN ONE AGENCY. THE COMMISSION ON JUDICIAL CONDUCT WAS CREATED BY THE LEGISLATURE IN TWO STEPS. IN 1974, A TEMPORARY COMMISSION WAS FORMULATED TO RECEIVE AND INVESTIGATE COMPLAINTS OF JUDICIAL MISCONDUCT AND TO INITIATE INVESTIGATIONS ON ITS OWN MOTION. THIS TEMPORARY COMMISSION WAS MADE PERMANENT BY A CONSTITUTIONAL AMENDMENT IN 1976. A CONSTITUTIONAL AMENDMENT CONCERNING JUDICIAL DISCIPLINE BECAME EFFECTIVE APRIL 1, 1978. THE AMENDMENT WILL MEMBERSHIP OF THE COMMISSION FROM 9 TO 11 MEMBERS, AND MEMBERSHIP OF THE COMMISSION FROM 9 TO 11 MEMBERS, AND AUTHORIZE THE STATE'S HIGHEST COURT TO REVIEW COMMISSION PROCEEDINGS AND TO IMPOSE DISCIPLINARY SANCTIONS. A COMMENTARY ON THE COMMISSION SYSTEM OF JUDICIAL DISCIPLINE IS PRESENTED, AND CASE LAW IS PRESENTED. (DEP)