N.Y. Comp. Codes R. & Regs. tit. 22 § 7000.1

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

Section 7000.1 - Definitions

(a) Administrator means the person appointed by the commission pursuant to section 41, subdivision 7, of the Judiciary Law.

(b) Administrator's complaint means a complaint signed by the administrator at the direction of the commission, which is filed as part of the commission's records.

(c) Answer means a verified response, in writing, to a formal written complaint.

(d) Clerk of the commission means the person appointed by the commission pursuant to Section 7000.13 of these operating procedures and rules.

(e) Complaint means a written communication to the commission signed by the complainant, making allegations against a judge as to the judge's qualifications, conduct, fitness to perform, or the performance of the judge's official duties, or an administrator's complaint.

(f) Commission means the New York State Commission on Judicial Conduct.

(g) Dismissal means a decision at any stage not to proceed further.

(h) Electronic copy means a digital document in word processor, portable document format (PDF) or other similar format permitted by the commission that is readable on a computer. The commission may, in its discretion, issue technical specifications and procedures for submission of electronic documents. Wherever these rules provide for the commission or the administrator to serve, file, furnish, or make available an electronic copy, the judge may request a paper copy in lieu of, but not in addition to, an electronic copy.

(i) Formal written complaint means a writing, signed and verified by the administrator of the commission, containing allegations of judicial misconduct against a judge for determination at a hearing.

(j) Hearing means an adversary proceeding at which testimony of witnesses may be taken and evidentiary data and material relevant to the formal written complaint may be received, and at which the respondent judge is entitled to call and cross-examine witnesses and present evidentiary data and material relevant to the formal written complaint.

(k) Initial review and inquiry means the preliminary analysis and clarification of the matters set forth in a complaint, and the preliminary fact-finding activities of commission staff intended to aid the commission in determining whether or not to authorize an investigation with respect to such complaint.

(l) Investigation, which may be undertaken only at the direction of the commission, means the activities of the commission or its staff intended to ascertain facts relating to the accuracy, truthfulness or reliability of the matters alleged in a complaint. An investigation includes the examination of witnesses under oath or affirmation, requiring the production of books, records, documents or other evidence that the commission or its staff may deem relevant or material to an investigation, and the examination under oath or affirmation of the judge involved before the commission or any of its members.

(m) Judge means a judge or justice of any court in the unified court system of the State of New York.

(n) Letter of dismissal and caution means the written confidential comments, suggestions and recommendations referred to in sections 7000.3(c) and 7000.4 of this Part and issued by the Commission to a judge in lieu of a formal written complaint.

(o) Letter of caution means the written confidential comments, suggestions and recommendations referred to in section 7000.7 of this Part and issued by the commission to a judge at the conclusion of proceedings pursuant to a formal written complaint, upon a finding that the judge's misconduct is established.

(p) Retirement means a retirement for physical or mental disability preventing the proper performance of judicial duties.

(q) Referee means any person designated by the commission pursuant to section 43, subdivision 2, of the Judiciary Law to hear and report on any matter in accordance with the provisions of section 44 of the Judiciary Law.

(r) Respondent means the judge named in a formal written complaint.

(s) Virtual or virtually, when describing a commission proceeding, means that the proceeding shall be conducted with two-way videoconferencing or similar technology that permits all parties simultaneously to hear and observe the participants and, where appropriate, to examine and cross-examine all witnesses, using such procedures as the commission may direct to ensure the fairness and confidentiality of the proceeding.

(o) Referee means any person designated by the commission pursuant to section 43, subdivision 2, of the Judiciary Law to hear and report on any matter in accordance with the provisions of section 44, subdivision 4, of the Judiciary Law.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 7000.1

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