S2053-2013 Actions

• Jan 10, 2013: REFERRED TO JUDICIARY

S2053-2013 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.

S2053-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2053
 2013-2014 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05130-01-3

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