REVIEW OF DETERMINATIONS OF THE
STATE COMMISSION ON JUDICIAL CONDUCT  

Part 530

Except as herein expressly prescribed to the contrary, the regular practice rules of the Court of Appeals, Part 500 of the New York Code of Rules and Regulations, are applicable to judicial proceedings in the Court of Appeals to review determinations of the Commission on Judicial Conduct.

 Rule 530.1 Request for Review.

(a) The commission shall transmit to Court of Appeals Hall in Albany, New York three copies of its written determination, together with its findings of fact and conclusions of law and the record of the proceedings upon which the determination is based, including all record and documentary evidence or materials. Two copies shall be addressed to the Chief Judge; the third copy shall be addressed to the Clerk of the Court of Appeals for filing and, upon completion of service, upon the respondent, Judge or Justice, of the copy required to be served by the Chief Judge, shall also be available for public inspection at the office of the Clerk in Court of Appeals Hall at Albany.

(b) A written request to the Chief Judge for review by the Court of Appeals, timely made in accordance with Judiciary Law, section 44, subdivision 7, shall commence the proceeding for review of the determination of the State Commission on Judicial Conduct. The respondent in a Commission proceeding shall be denominated the petitioner in the Court of Appeals and the Commission shall be denominated the respondent in the Court of Appeals. The written request of the Chief Judge by a petitioner shall be transmitted, by personal delivery or certified mail, to the chambers of the Chief Judge at Court of Appeals Hall, Albany, New York 12207, with copies addressed to the Clerk of the Court of Appeals for filing and to the Commission.

Rule 530.2 Petitioner's Papers - Content and Time for Filing.

No preliminary jurisdictional statement (Rules of Practice 500.2) shall be required to be filed. A petitioner shall file the papers for review within thirty days of the date of the written request for review by the Court of Appeals. Three copies shall be served on the Commission which may waive receipt of a copy of the record for review. Papers for review to be filed with the Court shall consist of ten copies of the petitioner's brief and ten copies of the record for review consisting of, at least, all complaints, whether formal or informal or merely initiatory, except that petitioner or the Commission may apply to the Court for good cause shown to exclude irrelevant initiatory material; any answer or other pleading or an agreed statement of facts; the written determination, findings and conclusions and record of proceedings upon which the determination is based, including all record and documentary evidence or material before the Commission in the making of its determination. The record may be stipulated to by respective counsel in accordance with the procedure set forth in CPLR 5532 or may be certified in accordance with CPLR 2105. Original exhibits may be submitted to the Court of Appeals, upon appropriate stipulation of the respective counsel, without duplication.

A reply brief may be served and filed within ten days after receipt of respondent Commission's brief.

(a) If the petitioner shall not have filed and served the papers required by section 530.2 within the time prescribed, and unless an extension of time has been sought and granted, the Court will issue to petitioner by regular mail to counsel of record a notice that such service and filing be made within 20 days after the date of the notice. Prior to the expiration of that 20 day period, petitioner may on good cause shown request of the Clerk of the Court an extension of the 20 day period to a day certain. On failure to comply with the terms of the original notice or the terms as extended by the Clerk, an order shall be entered by the Clerk dismissing the requested review.

(b) If the respondent shall not have filed and served the papers required by rule 530.4 within the time prescribed, and unless an extension of time has been sought and granted, the Court will issue to respondent by regular mail to counsel of record a notice that such service and filing be made within 20 days after the date of the notice. Prior to the expiration of the 20 day period, respondent may on good cause shown request of the Clerk of the Court an extension of the 20 day period to a day certain. On failure to comply with the terms of the original notice or the terms as extended by the Clerk, an order shall be entered by the Clerk precluding the right of respondent to submit a brief unless an order is obtained from the Court on such conditions as it may impose.

(c) Where, within the time requirements of rules 530.2, 530.4 and 530.6 petitioner or respondent shall establish reasonable ground why there may not be compliance with these Rules of Court, the Clerk of the Court is authorized to grant reasonable extensions of the time for filing papers. When an extension of the time requirements of rule 530.6(a) or (b) is granted, the case must be ready for argument or submission by the petitioner within the further directed time or the Clerk shall enter an order for the appropriate sanction of dismissal or preclusion. All determinations made by the Clerk may be reviewed by motion to the Court on notice in accordance with rule 530.7.

(d) In all events, under this section, the Court of Appeals may, for cause either sua sponte or on motion, dispense with or modify the requirements of its rules of practice concerning brief filing dates, calendar dates, dismissals for untimeliness and preclusions of brief filing or oral argument.

Rule 530.7 Motions.

(a) A motion addressed to the Court may be made on eight days notice (personal service) or 13 days' notice (service by mail). Motions are returnable at Court of Appeals Hall in Albany every Monday whether or not the Court is in session, unless otherwise directed by order to show cause or by stipulation so ordered by a Judge of the Court. Motions to dispense with rule requirements or to review determinations of the Clerk may be made on a single set of the moving papers with proof of service of one copy. Motions for suspension in accordance with New York State Constitution, Article 6, section 22, subdivisions (e), (f) or (g) shall be made on 10 copies of a brief or moving papers unless the Court acts sua sponte on such notice to counsel and with such directions for filing briefs as it may deem appropriate. Oral argument will not be heard unless the Court expressly grants permission upon a written request showing need.

(b) Reargument. A motion for reargument shall be made without oral argument, on 10 copies of a brief reproduced in conformity with section 500.1 which shall state briefly the ground upon which reargument is asked and the points claimed to have been overlooked or misapprehended by the Court, with proper reference to the particular portions of the record and to the authorities relied upon. It may not be based on the assertion for the first time of new points except for extraordinary and compelling reasons. Unless otherwise permitted by the Court, the notice of motion shall be served not later than 30 days after the Court has rendered its judgment or order. One copy of the brief shall be served on the adverse party with the notice of motion.

(c) Amicus curiae relief. Motions for permission to file a brief or argue as amicus curiae, when appropriately made sufficiently in advance of the calendaring of the requested review to allow adequate court consideration, must show to the satisfaction of the Court at least one of the following criteria:

(1) that a party or parties are not capable of a full and adequate presentation and that movants could remedy this deficiency, or

(2) that movants would invite the Court's attention to law or arguments which might otherwise escape the Court's consideration, or

(3) that amicus curiae participation would otherwise be of special assistance to the Court.

(d) With respect to all motions provided for under subdivisions (a), (b) and (c), answering papers or briefs shall be served and filed on or before the return day of the motion unless otherwise directed by the Court.

Rule 530.8 Order.

The order of the Court, together with the record filed with the Court, shall be entered and filed in the office of the Clerk at Court of Appeals Hall in Albany.

A request for review may be withdrawn and the proceeding discontinued, upon an order approved by the Court, at any time prior to argument or submission by forwarding to the Clerk of the Court a duly executed stipulation of withdrawal which must be signed by all counsel and by the petitioner Judge or Justice personally.