2006 New York Code - Courts On The Judiciary; Former Commission On Judicial Conduct; Jurisdiction And Powers

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