State Commission on Judicial Conduct
PROPOSED RULE MAKING - NO HEARING(S) SCHEDULED
Counsel for Witnesses at Hearings
Source: New York State Register, item I.D. No. JDC-08-19-00006-P
PURSUANT TO THE PROVISIONS OF THE
State Administrative Procedure Act,
NOTICE is hereby given of the following proposed rule:
Proposed Action: Addition of §7000.6(i)(3) to Title 22 NYCRR. Statutory authority: Judiciary Law, §42(5)
Subject: Counsel for witnesses at hearings.
Purpose: To codify the practice that a witness may have legal counsel present during a commission hearing. Text of proposed rule: A new paragraph of subdivision (i) of §7000.6 is added to read as follows: (3) At a hearing, counsel for a witness may be present while his or her client is testifying and may request permission of the referee to consult with the client, but may not object to questions, examine or cross-examine witnesses or otherwise participate in the proceedings.
Subject: Counsel for witnesses at hearings.
Purpose: To codify the practice that a witness may have legal counsel present during a commission hearing. Text of proposed rule: A new paragraph of subdivision (i) of §7000.6 is added to read as follows: (3) At a hearing, counsel for a witness may be present while his or her client is testifying and may request permission of the referee to consult with the client, but may not object to questions, examine or cross-examine witnesses or otherwise participate in the proceedings.
Text of proposed rule and any required statements and analyses may be obtained from: Marisa E. Harrison, Commission on Judicial Conduct, Corning Tower Suite 2301Empire State Plaza Albany , New York 12223
Data, views or arguments may be submitted to Marisa E. Harrison at harrison@cjc.ny.gov
Public comment will be received until: 60 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Judiciary Law, §42(5).
2. Legislative objectives: The proposed change would clarify that counsel for a witness may be present while his or client is testifying at a Commission hearing, and may request permission of the referee to consult with the client, but may not object to questions, examine or cross-examine witnesses or otherwise participate in the proceedings.
3. Needs and benefits: The proposal seeks to clarify ambiguities and better reflect actual Commission practice that allows a witness to have counsel present during Commission hearings.
1. Statutory authority: Judiciary Law, §42(5).
2. Legislative objectives: The proposed change would clarify that counsel for a witness may be present while his or client is testifying at a Commission hearing, and may request permission of the referee to consult with the client, but may not object to questions, examine or cross-examine witnesses or otherwise participate in the proceedings.
3. Needs and benefits: The proposal seeks to clarify ambiguities and better reflect actual Commission practice that allows a witness to have counsel present during Commission hearings.