ยง 42. Functions; powers and duties. The commission shall have the
following functions, powers and duties:
1. To conduct hearings and investigations, administer oaths or
affirmations, subpoena witnesses, compel their attendance, examine them
under oath or affirmation and require the production of any books,
records, documents or other evidence that it may deem relevant or
material to an investigation; and the commission may designate any of
its members or any member of its staff to exercise any such powers,
provided, however, that except as is otherwise provided in section
forty-three of this article, only a member of the commission or the
administrator shall exercise the power to subpoena witnesses or require
the production of books, records, documents or other evidence.
2. To confer immunity when the commission deems it necessary and
proper in accordance with section 50.20 of the criminal procedure law;
provided, however, that at least forty-eight hours prior written notice
of the commission's intention to confer such immunity is given the
attorney general and the appropriate district attorney.
3. To request and receive from any court, department, division, board,
bureau, commission, or other agency of the state or political
subdivision thereof or any public authority such assistance, information
and data as will enable it properly to carry out its functions, powers
and duties.
4. To report annually, on or before the first day of March in each
year and at such other times as the commission shall deem necessary, to
the governor, the legislature and the chief judge of the court of
appeals, with respect to proceedings which have been finally determined
by the commission. Such reports may include legislative and
administrative recommendations. The contents of the annual report and
any other report shall conform to the provisions of this article
relating to confidentiality.
5. To adopt, promulgate, amend and rescind rules and procedures, not
otherwise inconsistent with law, necessary to carry out the provisions
and purposes of this article. All such rules and procedures shall be
filed in the offices of the chief administrator of the courts and the
secretary of state.
6. To do all other things necessary and convenient to carry out its
functions, powers and duties expressly set forth in this article.
Structure New York Laws
Article 2-A - State Commission on Judicial Conduct
41 - State Commission on Judicial Conduct; Organization.
42 - Functions; Powers and Duties.
44 - Complaint; Investigation; Hearing and Disposition.
45 - Confidentiality of Records.
46 - Breach of Confidentiality of Commission Information.
47 - Resignation Not to Divest Commission or Court of Appeals of Jurisdiction.
48 - Courts on the Judiciary; Former Commission on Judicial Conduct; Jurisdiction and Powers.