§ 45 — Confidentiality of records

New York § 45

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 2-A: State Commission On Judicial Conduct

Text

§ 45. Confidentiality of records. 1. Except as hereinafter provided,\nall complaints, correspondence, commission proceedings and transcripts\nthereof, other papers and data and records of the commission shall be\nconfidential and shall not be made available to any person except\npursuant to section forty-four of this article. The commission and its\ndesignated staff personnel shall have access to confidential material in\nthe performance of their powers and duties. If the judge who is the\nsubject of a complaint so requests in writing, copies of the complaint,\nthe transcripts of hearings by the commission thereon, if any, and the\ndispositive action of the commission with respect to the complaint, such\ncopies with any reference to the identity of any person who did not\nparticipate at any such hearing suitably deleted therefrom, except the\nsubject judge or complainant, shall be made available for inspection and\ncopying to the public, or to any person, agency or body designated by\nsuch judge.\n 2. Notwithstanding any provision in this section, the commission, with\nthe consent of the applicant, shall provide the record of any proceeding\npursuant to a formal written complaint against an applicant for judicial\nappointment in which the applicant's misconduct was established, any\npending complaint against an applicant, and the record to date of any\npending proceeding pursuant to a formal written complaint against an\napplicant for judicial appointment:\n (a) to the commission on judicial nomination established by article\nthree-A of this chapter, with respect to applicants for appointment to\nthe court of appeals;\n (b) to the governor with respect to all applicants whom the governor\nindicates are under consideration for any judicial appointment; and\n (c) to the temporary president of the senate and the chairman of the\nsenate judiciary committee with respect to all nominees for judicial\nappointments which are subject to the advice and consent of the senate.\nThe commission shall respond within fifteen days of a request for the\ninformation provided for in this subdivision.\n