BILL NUMBER: S4859
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the judiciary law, in relation to requiring the state
commission on judicial conduct to transmit its annual budget request to
the governor for inclusion in the executive budget without revision; to
complaints regarding judges; and to extending the jurisdiction of the
state commission on judicial conduct as to judges who resign or retire
while under investigation or formal charges
 
PURPOSE OR GENERAL IDEA OF BILL:
To increase the independence, transparency and jurisdiction of the
Commission on Judicial Conduct
 
SUMMARY OF PROVISIONS:
Section 1 requires the executive budget to transmit with comment but
without amendment the Commission on Judicial Conduct's annual budget
request to the Legislature
Sections 2 and 3 make Commission proceedings public when a judge is
formally charged with misconduct
Section 4 extends the Commission's jurisdiction to judges who resign or
retire while under investigation or formal charges.
Section 5 is the effective date.
 
JUSTIFICATION:
The Commission on Judicial Conduct (CJC) ensures the public's trust in
our judicial system by ensuring that an independent body investigates
potential wrongdoing by judges and justices. This bill would enhance the
CJC's ability to perform its work by ensuring the Legislature receives
its annual budget request unmodified, providing greater transparency by
making proceedings public when a judge or justice is formally charged
with misconduct, and prevents judges and justices from escaping the
CDC's jurisdiction simply by retiring or resigning.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.4398 (Hoylman-Sigal) Passed Senate
2023-2024: A4908 (Lavine) Died in Committee
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4859: 42 judiciary law, 44 judiciary law, 44(4) judiciary law, 45 judiciary law, 47 judiciary law