Confidentiality


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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Waivers of Confidentiality

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
Lorin M. Duckman (oral argument only)
Removed
2004
Removed
2007
Retired
2008
Duane A. Hart (oral argument only)
Censured
2012
Censured
 

INVESTIGATIONS
Year
Judge
Disposition
2006
Censured
2006
William A. Wetzel
Retired

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