N.Y. Comp. Codes R. & Regs. tit. 22 § 7000.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7000.7 - Procedure for consideration of referee's report or agreed statement of facts

(a) The commission shall consider the referee's report or agreed statement of facts and shall provide reasonable opportunity for the submission of briefs and oral argument with respect to such report or agreed statement of facts and with respect to possible sanctions. The commission may require that the oral argument be conducted virtually.

(1) The administrator and respondent shall each serve and file an electronic copy of their brief to the commission via email or by such other means as the commission may direct.

(2) Either party may, with the consent of the clerk of the commission, file and serve an original and two paper copies, one of which shall be unbound, in lieu of an electronic copy.

(b) In making a determination following receipt of a referee's report, an agreed statement of facts or a motion for summary determination, the commission members shall deliberate without the participation of staff except for the clerk of the commission and any assistants reporting to the clerk of the commission.

(c) If the commission determines that a judge who is the subject of a hearing shall be admonished, censured, removed or retired, the commission shall transmit its written determination, together with its findings of fact and conclusions of law and the record of the proceedings upon which the determination is based, to the Chief Judge of the Court of Appeals.

(d) If the commission determines that the respondent judge's misconduct is established but that a determination other than admonition, censure, removal or retirement from office is appropriate, the commission may issue to the judge a letter of caution containing confidential comments, suggestions and recommendations with respect to the formal written complaint.

(e) If the commission determines that the formal written complaint is not sustained, that the judge's misconduct is not established and that no further action is necessary, the formal written complaint shall be dismissed.

(f) The commission shall notify the complainant of its disposition of the complaint.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 7000.7

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