N.Y. Comp. Codes R. & Regs. tit. 22 § 7000.4

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

Section 7000.4 - Use in subsequent proceedings of letter of dismissal and caution or letter of caution

(a) A letter of dismissal and caution issued in lieu of a formal written complaint may be used in subsequent proceedings as follows:

(1) The fact that a judge had received a letter of dismissal and caution may not be used to establish the misconduct alleged in a subsequent proceeding. However, the underlying conduct described in the letter of dismissal and caution may be charged in a subsequent formal written complaint, and evidence in support thereof may be presented at the hearing.

(2) Where the underlying conduct described in the letter of dismissal and caution is charged in a subsequent formal written complaint, a judge may be questioned with respect to receipt of the prior letter of dismissal and caution, and upon a finding by the commission of a judge's misconduct with respect to the facts underlying the letter of dismissal and caution, such letter of dismissal and caution may be considered by the commission in determining the sanction to be imposed.

(b) As to any prior letter of dismissal and caution or letter of caution to the respondent judge that is not already in the record of a proceeding commenced by the filing of a formal written complaint, the administrator and respondent may address such letter in their briefs to the commission and at oral argument before the commission, for purposes of sanction only. Any prior letter used in such a manner would become part of the record of the present proceeding. If the respondent and the administrator do not address such letter in their briefs to the commission or at oral argument, the commission may consider such letter only with regard to sanction and only if the respondent and the administrator had been given an opportunity to address it. Any prior letter used in such fashion would become part of the record of the present proceeding if the commission relied on it in determining sanction.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 7000.4