Provides for privilege and confidentiality of communications with members of a judicial assistance committee created by state or local bar association.
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Zeldin
Excused (5): Espaillat, Farley, Huntley, Smith, Young
TITLE OF BILL: An act to amend the judiciary law, in relation to confidential communications with judicial assistance committees
PURPOSE OR GENERAL IDEA OF BILL: To provide judicial assistance committees with the same confidentiality of information that currently exists with lawyer assistance committees.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends section 499 of the judiciary law to provide judicial assistance committees with the same confidentiality of information that currently exists with lawyer assistance committees.
Section 2: Effective Date.
JUSTIFICATION: Lawyer assistance committees provide confidential assistance to lawyers who are affected by the problem of substance abuse, stress, depression or other mental health issues. This legislation would extend that ability to provide confidential assistance to judicial assistance committees. This legislation was requested by the New York State Bar Association.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6618 IN SENATE March 5, 2012 ___________Introduced by Sen. BONACIC -- 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 confidential communi- cations with judicial assistance committees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 499 of the judiciary law, as added by chapter 327 of the laws of 1993, is amended to read as follows: S 499. Lawyer AND JUDICIAL assistance committees. 1. Confidential information privileged. The confidential relations and communications between a member or authorized agent of a lawyer assistance committee OR JUDICIAL ASSISTANCE COMMITTEE sponsored by a state or local bar associ- ation and any person, firm or corporation communicating with such committee, its members or authorized agents shall be deemed to be privi- leged on the same basis as those provided by law between attorney and client. Such privilege may be waived only by the person, firm or corpo- ration which has furnished information to the committee. 2. Immunity from liability. Any person, firm or corporation in good faith providing information to, or in any other way participating in the affairs of, any of the committees referred to in subdivision one of this section shall be immune from civil liability that might otherwise result by reason of such conduct. For the purpose of any proceeding, the good faith of any such person, firm or corporation shall be presumed. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14653-01-2