Pursuant to Judiciary Law § 45, Commission proceedings, including
all complaints, correspondence, commission proceedings and transcripts thereof, other papers and data and records of the commission shall be confidential and shall not be made available to any person
unless the Commission renders a public determination that the judge should be admonished, censured, removed or retired, or if the judge under formal charges has waived confidentiality.
In the course of an investigation, the judge may be given a copy of the complaint and be asked questions about it. If the Commission directs that the matter proceed to a hearing, both the judge and the complainant, as well as other witnesses, may be required to testify.
While the hearing is conducted in a private setting (unless the judge under charges has waived confidentiality), the transcript and record of proceedings (including exhibits) become public upon a determination by the Commission that the judge be admonished, censured, removed from office or retired for disability.
The Commission is required to notify the complainant of the disposition of the complaint.
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Pursuant to Judiciary Law Sections 44(4) and 45, a judge who is the subject of a Commission proceeding may waive confidentiality prior to a public determination that the judge should be admonished, censured, removed or retired from office.
Since 1978, when the current law went into effect, 14 judges have waived confidentiality at some stage of the Commission's proceedings.
|
HEARINGS
|
Year |
Judge |
Disposition |
1980 |
|
Censured |
1982 |
|
Censured |
1982 |
|
Removed |
1983 |
|
Removed |
1984 |
|
Removed |
1988 |
|
Censured |
1996 |
|
Removed |
1997 |
|
Removed |
2004 |
|
Removed |
2007 |
|
Retired |
2008 |
|
Censured |
2012 |
|
Censured |
| INVESTIGATIONS |
Year |
Judge |
Disposition |
2006 |
|
Censured |
2006 |
William A. Wetzel |
Retired |
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