(b) Upon the recommendation of the commission or on its own motion,
the court may suspend a judge or justice from office when he is charged
with a crime punishable as a felony under the laws of this state, or any
other crime which involves moral turpitude. The suspension shall
continue upon conviction and, if the conviction becomes final, he shall
be removed from office. The suspension shall be terminated upon reversal
of the conviction and dismissal of the accusatory instrument.
(c) A judge or justice who is suspended from office by the court shall
receive his judicial salary during such period of suspension, unless the
court directs otherwise. If the court has so directed and such
suspension is thereafter terminated, the court may direct that he shall
be paid his salary for such period of suspension.
(d) Nothing in this subdivision shall prevent the commission from
determining that a judge or justice be admonished, censured, removed, or
retired pursuant to subdivision seven of this section.
9. In its review of a determination of the commission, the court of
appeals shall review the commission's findings of fact and conclusions
of law on the record of the proceedings upon which the commission's
determination was based. After such review, the court may accept or
reject the determined sanction; impose a different sanction including
admonition, censure, removal or retirement for the reasons set forth in
subdivision one of this section; or impose no sanction.
10. If during the course of or after an investigation or hearing, the
commission determines that the complaint or any allegation thereof
warrants action, other than in accordance with the provisions of
subdivisions seven and eight of this section, within the powers of: (a)
a person having administrative jurisdiction over the judge involved in
the complaint or; (b) an appellate division of the supreme court; or (c)
a presiding justice of an appellate division of the supreme court; or
(d) the chief judge of the court of appeals; or (e) the governor; or (f)
an applicable district attorney's office or other prosecuting agency,
the commission shall refer such complaint or the appropriate allegations
thereof and any evidence or material related thereto to such person,
agency or court for such action as may be deemed proper or necessary.
11. The commission shall notify the complainant of its disposition of
the complaint.
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.