Bill S2053-2013

Authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to conduct or discipline

Authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney; provides for the sharing and return of evidence or other materials associated with such complaint, inquiry, investigation or proceeding.

Details

Actions

  • Apr 29, 2014: DEFEATED IN JUDICIARY
  • Mar 3, 2014: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jan 10, 2013: REFERRED TO JUDICIARY

Meetings

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Apr 29, 2014
Ayes (9): Savino, Breslin, Dilan, Espaillat, Perkins, Stavisky, Hoylman, Addabbo, Squadron
Ayes W/R (2): Avella, Hassell-Thompson
Nays (12): Bonacic, DeFrancisco, Flanagan, Hannon, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Zeldin, Grisanti

Memo

BILL NUMBER:S2053

TITLE OF BILL: An act to amend the judiciary law, in relation to authorizing the accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney and relates to the sharing and return of evidence or other materials associated with such complaint, inquiry, investigation or proceeding

PURPOSE OR GENERAL IDEA OF BILL: This legislation authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 90 of the judiciary law is amended by adding a new subdivision 11 to read as follows:

11. Not withstanding subdivision ten of this section or any other statute, rule or regulation to the contrary:

a. When the Disciplinary Committee finds a complaint of attorney misconduct substantial enough to require an answer from the attorney accused of misconduct, the committee shall provide the complainant with a written explanation of its decision not to pursue the claim of attorney misconduct and an opportunity for the complainant to respond to said , decision;

b. The disciplinary committee shall provided evidence to all parties to the complaint when, in the course of investigating a complaint of attorney misconduct, the committee creates, identifies , or relies upon new evidence and such evidence is shared with one party to the complaint;

c. The disciplinary committee shall, at the close of the handling of a complaint of attorney misconduct, promptly return any or all materials provided to the committee when the committee is asked by either side to return such materials.

EXISTING LAW:S: Article 4, Section 90 of the judiciary law is amended by adding a new subdivision 11 to include this provision.

JUSTIFICATION: Every year numerous claims are submitted by citizens making accusations against attorneys. Hence, these accusations claim some sort of misconduct or wrong doing. Upon receipt of those claims by the "Disciplinary Committee", which is an arm of the New York State Appellate Division, they are reviewed and then the claim is determined to be founded or unfounded. Regardless of the determination, New York State currently has no mechanism in place that requires the Disciplinary Committee make public their decisions. This bill establishes that mechanism creates transparency and establishes under what circumstances these decisions must be made public. This is a good government bill that creates accountability in our judicial system.

PRIOR LEGISLATIVE HISTORY: 2011-2012 - A9147 (Latimer) Referred to Judiciary Committee 2011-2012- S6631 (Oppenheimer) Referred to Judiciary Committee

FISCAL IMPLICATIONS: None to New York State

EFFECTIVE DATE: This act shall take effect immediately after passing both the New York State Assembly and the New York State Senate and is signed by the governor.


Text

STATE OF NEW YORK ________________________________________________________________________ 2053 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to authorizing the accus- ing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or disci- pline of an attorney and relates to the sharing and return of evidence or other materials associated with such complaint, inquiry, investi- gation or proceeding THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 90 of the judiciary law is amended by adding a new subdivision 11 to read as follows: 11. NOTWITHSTANDING SUBDIVISION TEN OF THIS SECTION OR ANY OTHER STAT- UTE, RULE OR REGULATION TO THE CONTRARY: A. WHEN THE DISCIPLINARY COMMITTEE FINDS A COMPLAINT OF ATTORNEY MISCONDUCT SUBSTANTIAL ENOUGH TO REQUIRE AN ANSWER FROM THE ATTORNEY ACCUSED OF MISCONDUCT, THE COMMITTEE SHALL PROVIDE THE COMPLAINANT WITH A WRITTEN EXPLANATION OF ITS DECISION NOT TO PURSUE THE CLAIM OF ATTOR- NEY MISCONDUCT AND AN OPPORTUNITY FOR THE COMPLAINANT TO RESPOND TO SUCH DECISION; B. THE DISCIPLINARY COMMITTEE SHALL PROVIDE EVIDENCE TO ALL PARTIES TO THE COMPLAINT WHEN, IN THE COURSE OF INVESTIGATING A COMPLAINT OF ATTOR- NEY MISCONDUCT, THE COMMITTEE CREATES, IDENTIFIES, OR RELIES UPON NEW EVIDENCE AND SUCH EVIDENCE IS SHARED WITH ONE PARTY TO THE COMPLAINT; C. THE DISCIPLINARY COMMITTEE SHALL, AT THE CLOSE OF THE HANDLING OF A COMPLAINT OF ATTORNEY MISCONDUCT, PROMPTLY RETURN ANY OR ALL MATERIALS PROVIDED TO THE COMMITTEE WHEN THE COMMITTEE IS ASKED BY EITHER SIDE TO RETURN SUCH MATERIALS. S 2. This act shall take effect immediately.

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