A Grand Jury in a New York State County issued a report pursuant to New York State's Criminal Procedures Law [CPL] §190.85(1)(a) recommending the removal of a City Court Judge [CCJ] from the bench for misconduct or non-feasance in public office.
The County Court accepted the Grand Jury's report and ordered it sealed pending the determination of the CCJ's appeal of the County Court's decision to the Appellate Division pursuant to CPL §190.90, in which the CCJ contended that the New York Commission on Judicial Conduct (CJC) has exclusive jurisdiction to review and make determinations regarding the conduct of members of the judiciary.
The Appellate Division rejected the CCJ's jurisdication argument, explaining that the statutory framework provided by the CPL permits a grand jury to issue a report to the county court concerning "misconduct, non-feasance or neglect in public office by a public servant as the basis for a recommendation of removal or disciplinary action". Citing CPL §190.85 [1] [a], the Appellate Division noted that New York State Court Judges fall within the broad definition of a" public servant".
The Appellate Division also rejected the CCJ's contention that the report should remain sealed after the Appellate Division's determination is handed down.
The Appellate Division opined that "the provisions of the Judiciary Law related to the confidentiality of CJC proceedings apply only to matters before the CJC" and not to matters such as those in the instant appeal from a decision by a County Court where the report and the order must be sealed by the lower court pending the determination of the CCJ's appeal by the Appellate Division.
The Appellate Division, in light of its affirmance of the County Court order accepting the Grand Jury's report, concluded that the order and the report in issue must be made public.
Click HERE to access the decision of the Appellate Division posted on the Internet.