Review of Determinations of the State Commission on Judical Conduct

COURT OF APPEALS STATE OF NEW YORK

RULES FOR REVIEW OF DETERMINATIONS
OF THE STATE COMMISSION ON JUDICIAL CONDUCT
(22 NYCRR Part 530)

Table of Contents

530.1 Request for Review
530.2 Petitioner's Papers - Content and Time for Filing
530.3 Appendix Method
530.4 Service and Filing of Respondent's Brief and Appendix
530.5 Calendar
530.6 Demands and Dismissals and Extensions
530.7 Motions
530.8 Order
530.9 Withdrawal of a request for review

Part 530

Except as herein expressly prescribed to the contrary, the regular practice rules of the Court of Appeals, part 500 of title 22 of the Official Compilation of Codes, Rules and Regulations of the State of New York, are applicable to judicial proceedings in the Court of Appeals to review determinations of the State Commission on Judicial Conduct.

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. Upon completion of service upon the respondent Judge or Justice of the copy required to be served by the Chief Judge, the clerk's copy shall be available for public inspection at the office of the clerk at Court of Appeals Hall in Albany.

(b) A timely written request to the Chief Judge for review by the Court of Appeals, in accordance with Judiciary Law section 44 (7), shall commence the proceeding for review of the determination of the State Commission on Judicial Conduct. 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. Petitioner's written request of the Chief Judge shall be transmitted, by personal delivery or certified mail, to the chambers of the Chief Judge at Court of Appeals Hall, Albany, New York 12207-1095, with copies addressed to the clerk of the Court of Appeals for filing and to the Commission.

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

No preliminary appeal statement (Rules of Practice section 500.9) shall be filed. Petitioner shall file the papers for review within thirty days after the date of petitioner's written request for review by the Court of Appeals. Three copies shall be served on the Commission. Papers for review to be filed with the Court shall consist of an original and 24 copies of petitioner's brief and an original and 24 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 move, in accordance with section 530.7 of this Part, to exclude irrelevant initiatory material; any answer or other pleading or an agreed statement of facts; and 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. Counsel may stipulate to the record in accordance with the procedure set forth in CPLR 5532, or the record may be certified in accordance with CPLR 2105. Original exhibits may be submitted to the Court of Appeals, upon appropriate stipulation of counsel, without duplication.

Petitioner may serve and file an original and 24 copies of a reply brief within 15 days after service of respondent Commission's brief.

530.3 Appendix Method.

No appendix in lieu of the record for review shall be authorized except by express permission of the Court on motion in accordance with section 530.7 (a) of this Part.

530.4 Service and Filing of Respondent's Brief and Appendix.

Within 30 days after the service of petitioner's papers, respondent Commission shall file with the clerk an original and 24 copies, and shall serve on petitioner three copies of respondent's brief. At the time respondent Commission's brief is filed, respondent may file an original and 24 copies, with proof of service of three copies upon petitioner, of an appendix of record materials not contained in the record filed by petitioner.

530.5 Calendar.

Review by the Court of Appeals of a determination of the Commission shall be scheduled for oral argument at the earliest calendar session next after the filing date for petitioner's reply brief, unless otherwise directed by the Court.

530.6 Extensions of Time; Failure to Proceed or File Papers.

(a) Extensions. The clerk of the Court is authorized to grant, for good cause shown, a reasonable extension of time for filing papers on a review. A request for an extension may be by telephone call to the clerk's office. The party requesting an extension shall advise the clerk of the Court of the position of each other party with regard to the request. A party granted an extension shall file a confirmation letter, with proof of service of one copy on each other party, unless the clerk's
office has notified all parties in writing of the determination of the request.

(b) Dismissal. If petitioner has not timely filed and served the papers required by section 530.2 of this Part, the clerk of the Court shall enter an order dismissing the review.

(c) Preclusion. If respondent Commission has not timely filed and served the papers required by section 530.4 of this Part, the clerk of the Court shall enter an order precluding respondent Commission's filing.

(d) Judicial review. A party may seek judicial review of dismissal and preclusion orders entered pursuant to subsections (b) and (c) above by motion on notice in accordance with section 530.7 of this Part.

530.7 Motions.

(a) A motion addressed to the Court may be made on eight days' notice (personal service), nine days' notice (overnight delivery 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 an original and six copies of a brief or moving papers unless the Court acts sua sponte on such notice to counsel and with such directions for filings 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 an original and six copies of papers 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. Such motion 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 motion shall be served not later than 30 days after the Court has rendered its judgment or order. Two copies of the motion shall be served on the adverse party.

(c) Amicus curiae relief. Movant shall file an original and one copy of its motion papers, accompanied by an original amicus brief, with proof of service of one copy of the motion and one copy of the brief on each other party. If the motion is granted, 24 copies of the brief shall be filed, with proof of service of two copies on each party, within the time set by the Court's order. The motion shall be noticed for a return date no later than the Court session preceding the session in which argument or submission of the request for review is scheduled. When the request for review is scheduled for argument or submission during the Court's January or September session, the motion shall be noticed for a return date no later than the first Monday in December or the first Monday in August, respectively. A motion for amicus curiae relief shall
demonstrate that:

(i) the parties are not capable of full and adequate presentation and that the movant could
remedy this deficiency;

(ii) the movant could identify law or arguments that might otherwise escape the Court's consideration; or

(iii) the proposed amicus curiae brief otherwise would be of assistance to the Court.

Potential amici seeking information are encouraged to contact the Clerk's office by telephone during business hours. Information on the calendar status of requests for review, Court session dates and appropriate return dates for amicus motions also is available on the Court's Internet web site.

(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 date of the motion unless otherwise directed by the Court.

530.8 Order of the Court .

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.

530.9 Withdrawal of Request for Review.

(a) Before argument or submission, a review shall be marked withdrawn upon receipt by the clerk of the Court of a stipulation of withdrawal signed by counsel for all parties and by petitioner Judge or Justice personally.

(b) After argument or submission, a request to withdraw a review shall be supported by a stipulation of withdrawal signed by counsel for all parties and by petitioner Judge or Justice personally. The request shall be submitted to the Court for determination.