N.Y. Comp. Codes R. & Regs. tit. 22 § 7000.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 7000.3 - Investigations and dispositions

(a) When a complaint is received or when the administrator's complaint is filed, an initial review and inquiry may be undertaken.

(b) Upon receipt of a complaint, or after an initial review and inquiry, the complaint may be dismissed by the commission or, when authorized by the commission, an investigation may be undertaken.

(c) During the course of, or after, an investigation, the commission may dismiss the complaint, direct further investigation, request a written response from the judge who is the subject of the complaint, direct the filing of a formal written complaint or take any other action authorized by section 22 of article VI of the Constitution or article 2-A of the Judiciary Law. Notwithstanding the dismissal of a complaint, the commission, in connection with such dismissal, may issue to the judge a letter of dismissal and caution containing confidential comments, suggestions and recommendations with respect to the complaint, the commission's initial review and inquiry, or the commission's investigation as they pertain to the judge.

(d) The administrator or, when authorized by the commission, any member of the commission, may administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of any books, records, documents or other evidence that may be deemed relevant or material to an investigation. The commission may, by resolution, delegate to staff attorneys and other persons designated by the commission the power to administer oaths and take testimony during investigations authorized by the commission.

(e) In the course of the investigation, the commission may require the appearance of the judge involved before the commission, or any of its members, or a referee designated by the commission, in which event the judge shall be notified in writing of the judge's required appearance either (i) personally, at least three days prior to such appearance, or (ii) by certified mail, return receipt requested, at least five days prior to such appearance. If the judge consents in writing, service may be made by an alternative method . A copy of the complaint shall be served upon the judge at the time of such notification. A judge's appearance during an investigation shall take place at a commission office, or if the commission so directs, may be conducted virtually, and at least one member of the commission or referee designated by the commission, shall be physically or virtually present.

(f) The judge shall have the right to be represented by counsel during any and all stages of the investigation at which the judge's appearance is required, and to present evidentiary data and material relevant to the complaint by submitting such data and material, including a written statement, or by making an oral statement which shall be transcribed. Counsel for the judge shall be permitted to advise the judge of the judge's rights and otherwise confer with the judge, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the investigatory proceeding. An electronic copy of the transcript of the judge's testimony shall be made available to the judge without cost.

(g) A witness required to appear before the commission shall have the right to be represented by counsel who may be present with the witness and may advise the witness, but may not otherwise take any part in the proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 7000.3

Amended New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/28/2022