Bill Text: NY S06631 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney; provides for the sharing and return of evidence or other materials associated with such complaint, inquiry, investigation or proceeding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-06 - REFERRED TO JUDICIARY [S06631 Detail]

Download: New_York-2011-S06631-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6631
                                   I N  S E N A T E
                                     March 6, 2012
                                      ___________
       Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary
       AN ACT to amend the judiciary law, in relation to authorizing the accus-
         ing party to submit a  response  to  the  dismissal  of  a  complaint,
         inquiry, investigation or proceeding relating to the conduct or disci-
         pline of an attorney and relates to the sharing and return of evidence
         or  other  materials associated with such complaint, inquiry, investi-
         gation or proceeding
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 90 of the judiciary law is amended by adding a new
    2  subdivision 11 to read as follows:
    3    11. NOTWITHSTANDING SUBDIVISION TEN OF THIS SECTION OR ANY OTHER STAT-
    4  UTE, RULE OR REGULATION TO THE CONTRARY:
    5    A. WHEN THE DISCIPLINARY  COMMITTEE  FINDS  A  COMPLAINT  OF  ATTORNEY
    6  MISCONDUCT  SUBSTANTIAL  ENOUGH  TO  REQUIRE AN ANSWER FROM THE ATTORNEY
    7  ACCUSED OF MISCONDUCT, THE COMMITTEE SHALL PROVIDE THE COMPLAINANT  WITH
    8  A  WRITTEN EXPLANATION OF ITS DECISION NOT TO PURSUE THE CLAIM OF ATTOR-
    9  NEY MISCONDUCT AND AN OPPORTUNITY FOR THE COMPLAINANT TO RESPOND TO SUCH
   10  DECISION;
   11    B. THE DISCIPLINARY COMMITTEE SHALL PROVIDE EVIDENCE TO ALL PARTIES TO
   12  THE COMPLAINT WHEN, IN THE COURSE OF INVESTIGATING A COMPLAINT OF ATTOR-
   13  NEY MISCONDUCT, THE COMMITTEE CREATES, IDENTIFIES, OR  RELIES  UPON  NEW
   14  EVIDENCE AND SUCH EVIDENCE IS SHARED WITH ONE PARTY TO THE COMPLAINT;
   15    C. THE DISCIPLINARY COMMITTEE SHALL, AT THE CLOSE OF THE HANDLING OF A
   16  COMPLAINT  OF  ATTORNEY MISCONDUCT, PROMPTLY RETURN ANY OR ALL MATERIALS
   17  PROVIDED TO THE COMMITTEE WHEN THE COMMITTEE IS ASKED BY EITHER SIDE  TO
   18  RETURN SUCH MATERIALS.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13920-03-2