2022 New York Laws
JUD - Judiciary
Article 2-A - State Commission on Judicial Conduct
45 - Confidentiality of Records.

§  45.  Confidentiality of records. 1. Except as hereinafter provided,
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  except
pursuant  to  section forty-four of this article. The commission and its
designated staff personnel shall have access to confidential material in
the performance of their powers and duties. If  the  judge  who  is  the
subject  of a complaint so requests in writing, copies of the complaint,
the transcripts of hearings by the commission thereon, if any,  and  the
dispositive action of the commission with respect to the complaint, such
copies  with  any  reference  to  the identity of any person who did not
participate at any such hearing suitably deleted therefrom,  except  the
subject judge or complainant, shall be made available for inspection and
copying  to  the  public, or to any person, agency or body designated by
such judge.
  2. Notwithstanding any provision in this section, the commission, with
the consent of the applicant, shall provide the record of any proceeding
pursuant to a formal written complaint against an applicant for judicial
appointment in which the applicant's  misconduct  was  established,  any
pending  complaint  against  an applicant, and the record to date of any
pending proceeding pursuant to a formal  written  complaint  against  an
applicant for judicial appointment:
  (a)  to  the  commission on judicial nomination established by article
three-A of this chapter, with respect to applicants for  appointment  to
the court of appeals;
  (b)  to  the governor with respect to all applicants whom the governor
indicates are under consideration for any judicial appointment; and
  (c) to the temporary president of the senate and the chairman  of  the
senate  judiciary  committee  with  respect to all nominees for judicial
appointments which are subject to the advice and consent of the  senate.
The  commission  shall  respond within fifteen days of a request for the
information provided for in this subdivision.