BILL NUMBER: S4957
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the judiciary law and the executive law, in relation to
providing for review of bail data reports by the state commission on
judicial conduct
 
PURPOSE OR GENERAL IDEA:
To allow the commission on judicial conduct to investigate potential
bias in the judiciary with respect to matters of pretrial release and
detention.
 
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends the relevant provisions of the judiciary law and the
executive law to allow the Commission on Judicial Conduct to monitor and
investigate bias in the court system.
 
JUSTIFICATION:
This bill clarifies the power of the Commission on Judicial Conduct
("Commission") to police bias in the court system.
The State Constitution charges the Commission with investigating, and
where appropriate, sanctioning any judge "with respect to the conduct,
qualifications, fitness to perform or performance of official duties(.)"
To properly perform judicial duties, a judge must adjudicate matters
impartially. Under the rules of judicial conduct, a judge must "perform
judicial duties without bias or prejudice against or in favor of any
person" because of membership in a protected class such as race or
national origin.
Since 2019, state law has required the Office of Court Administration
and the Division of Criminal Justice Services to collect data and report
annually on how the judges of the state court system decide matters of
pretrial release and detention. The OCA-DCJS data, which is disaggre-
gated by individual judge, is a powerful tool for the legislature and
the public to monitor and evaluate the state's criminal justice system.
If the data points to bias in the judiciary, the Constitution empowers -
and requires - the Commission to act.
This bill clarifies that the Commission may, in its discretion, use
OCA-DCJS data to fulfil its constitutional mandate of ensuring the prop-
er functioning of the judiciary. Under the bill, the Commission may
study OCA-DCJS pretrial release data for evidence of bias. If the data
suggests bias on the part of any judge, the Commission may use its
preexisting powers to initiate investigations and, where appropriate
after a formal hearing process, recommend discipline. The bill further
authorizes the Commission to comment more generally on the OCA-DCJS bail
data in its annual report.
Current law does not prohibit the Commission from using OCA-DCJS data to
guard against misconduct. This bill, however, is needed to clarify the
Commission's authority in this area. In doing so, the bill identifies
and codifies a relatively new but promising tool that the Commission may
use to carry out its constitutional mandate of ensuring the impartiality
of the courts.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S6417 - Passed Senate
 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S4957: 42 judiciary law, 42(3) judiciary law, 216 judiciary law, 216(5) judiciary law, 837-u executive law