Section 48. Courts on the judiciary; former commission on judicial conduct; jurisdiction and powers


Latest version.
  • Notwithstanding any other law to the  contrary:
      1. If a court on the judiciary shall have been convened before the first
      day of April, nineteen hundred seventy-eight, and the proceeding therein
      shall  not  have been concluded by that date, the court on the judiciary
      shall have continuing jurisdiction beyond  that  date  to  conclude  the
      proceeding  in  accordance  with the provisions of section twenty-two of
      article six of the constitution in effect on  the  thirty-first  day  of
      March, nineteen hundred seventy-eight.
        2.  If,  pursuant  to  the  former provisions of section twenty-two of
      article six of the constitution and article two-A of the judiciary  law,
      a  complaint  had  been  received  by  the former commission on judicial
      conduct but a court on the judiciary had not been convened in respect to
      such matter on or before the thirty-first day of March, nineteen hundred
      seventy-eight, a court on the judiciary shall not be convened,  and  the
      provisions  of section twenty-two of article six of the constitution, as
      such section took effect on the first day  of  April,  nineteen  hundred
      seventy-eight, and the provisions of this article shall apply.
        3.  All  matters  pending  before  the  former  commission on judicial
      conduct  on  the   thirty-first   day   of   March,   nineteen   hundred
      seventy-eight,  shall  be transferred to and, effective the first day of
      April, nineteen hundred  seventy-eight,  shall  be  pending  before  the
      commission  on  judicial  conduct  established  by section twenty-two of
      article six of the constitution, as such  section  took  effect  on  the
      first  day  of  April, nineteen hundred seventy-eight, and all files and
      records of the former commission shall  be  transferred  to,  and  shall
      become  files  and records of the new commission created by this article
      from and after the first day of April, nineteen hundred seventy-eight.
        4. All provisions of law enacted to take effect on or after the  first
      day  of  April,  nineteen  hundred seventy-eight, relating to procedures
      before  the  commission  on  judicial  conduct  established  by  section
      twenty-two  of  article  six  of  the constitution, as such section took
      effect on the first day of April, nineteen  hundred  seventy-eight,  and
      all  rules  adopted  by  such commission, shall apply to (1) all matters
      coming before the commission  on  or  after  the  first  day  of  April,
      nineteen  hundred seventy-eight, and (2) all matters transferred to such
      commission pursuant to subdivision three of this section.
        5. The commission  shall  succeed  to  the  exercise  of  all  of  the
      functions,  powers  and  duties  of  the  former  commission on judicial
      conduct including the power to continue any investigation, proceeding or
      matter pending undetermined before such former  commission  pursuant  to
      the  former provisions of article two-A of this chapter and the power to
      act as  counsel  to  conduct  any  proceeding  before  a  court  on  the
      judiciary, pursuant to the former provisions of subdivision f of section
      twenty-two  of  article six of the constitution, provided, however, that
      any recommendation or determination by  the  commission  in  any  matter
      pending  undetermined  before  such  former  commission shall be made in
      accordance with the provisions of this article.
        6. Any action taken, function performed or proceeding conducted by the
      commission on judicial conduct pursuant  to  the  authority  of  section
      twenty-two  of  article  six  of  the constitution, as such section took
      effect on the first day of April nineteen hundred  seventy-eight,  prior
      to  the  date  on which the provisions of this article became effective,
      are hereby legalized, ratified and confirmed.