NCJ Number
14541
Date Published
1974
Length
34 pages
Annotation
A STUDY OF THE PROCEDURES FOR JUDICIAL DISCIPLINE AND THE EFFICIENCY OF THESE PROCEDURES, CONCLUDING THAT THE JUDICIARY HAS FAILED TO FULFILL ITS OBLIGATION TO PROPERLY DISCIPLINE JUDGES.
Abstract
UNDER THE CONSTITUTION OF THE STATE OF NEW YORK THE RESPONSIBILITY FOR MAINTAINING PROPER JUDICIAL CONDUCT IS GIVEN TO THE JUDICIARY ITSELF. THE NEW YORK STATE COMMISSION OF INVESTIGATION STUDIED THE JUDICIAL DISCIPLINARY PROCEDURES IN THE FIRST AND SECOND JUDICIAL DEPARTMENTS. THE COMMISSION FOUND THAT IN CERTAIN CASES WHERE SERIOUS ALLEGATIONS WERE MADE INVOLVING CORRUPTION, POTENTIAL CORRUPTION, ULTERIOR MOTIVES FOR DECISIONS AND FAILURE TO ACCORD LITIGANTS BASIC RIGHTS, THE RESPONSIBLE PERSONS IN THE JUDICIAL SYSTEM EITHER TOOK LITTLE ACTION WITH RESPECT TO THE ALLEGATIONS OR INVESTIGATED THEM IN AN UNSATISFACTORY MANNER. NEITHER ALLEGATIONS EXPRESSED PUBLICLY IN THE PRESS NOR IN NON-PUBLIC INFORMATION LEARNED WITHOUT A WRITTEN COMPLAINT WERE FOUND TO BE PROPERLY INVESTIGATED. A VERY UNEVEN HANDLING OF WRITTEN COMPLAINTS OF SERIOUS CHARGES WAS ALSO FOUND. THE COMMISSION RECOMMENDED, AS A RESULT OF ITS INVESTIGATION, THAT THE GROUNDS FOR REMOVAL OF JUDGES BE BROADENED AND THAT AN INDEPENDENT COMMISSION BE ESTABLISHED TO ENFORCE RULES OF JUDICIAL CONDUCT. (AUTHOR ABSTRACT MODIFIED)