New York State

Commission on Judicial Conduct

Operating Procedures and Rules

Title 22 NYCRR Parts 7000 and 7001

Sec.
7000.1
Definitions
7000.2
Complaints
7000.3
Investigations and dispositions
7000.4
Use in subsequent proceedings of letter of dismissal and caution or letter of caution
7000.5
Use of letter of suggestions and recommendations of former State Commission on Judicial Conduct and Temporary State Commission on Judicial Conduct
7000.6
Procedure upon a formal written complaint
7000.7
Procedure for consideration of referee's report or agreed statement of facts
7000.8
Confidentiality of records
7000.9
Standards of conduct
7000.10
Amending rules
7000.11
Quorum, voting
7000.12
Commission’s principal office
7000.13
Designation of clerk of the commission
7000.14
Special rules for commission members
7001.1 et seq. Public access to records of the New York State Commission on Judicial Conduct

§ 7000.1. Definitions

For the purpose of this Part, the following terms have the meanings indicated below:

(a) Administrator means the person appointed by the commission as administrator.

(b) Administrator's complaint means a complaint signed by the administrator at the direction of the commission, which is filed as part of the commission's records.

(c) Answer means a verified response, in writing, to a formal written complaint.

(d) Complaint means a written communication to the commission signed by the complainant, making allegations against a judge as to his qualifications, conduct, fitness to perform, or the performance of his official duties, or an administrator's complaint.

(e) Commission means the State Commission on Judicial Conduct.

(f) Dismissal means a decision at any stage not to proceed further.

(g) Formal written complaint means a writing, signed and verified by the administrator of the commission, containing allegations of judicial misconduct against a judge for determination at a hearing.

(h) Hearing means an adversary proceeding at which testimony of witnesses may be taken and evidentiary data and material relevant to the formal written complaint may be received, and at which the respondent judge is entitled to call and cross-examine witnesses and present evidentiary data and material relevant to the formal written complaint.

(i) Initial review and inquiry means the preliminary analysis and clarification of the matters set forth in a complaint, and the preliminary fact-finding activities of commission staff intended to aid the commission in determining whether or not to authorize an investigation with respect to such complaint.

(j) Investigation, which may be undertaken only at the direction of the commission, means the activities of the commission or its staff intended to ascertain facts relating to the accuracy, truthfulness or reliability of the matters alleged in a complaint. An investigation includes the examination of witnesses under oath or affirmation, requiring the production of books, records, documents or other evidence that the commission or its staff may deem relevant or material to an investigation, and the examination under oath or affirmation of the judge involved before the commission or any of its members.

(k) Judge means a judge or justice of any court in the unified court system of the State of New York.

(l) Letter of dismissal and caution means the written confidential comments, suggestions and recommendations referred to in sections 7000.3(c) and 7000.4 of this Part and issued by the Commission to a judge in lieu of a formal written complaint.

(m) Letter of caution means the written confidential comments, suggestions and recommendations referred to in section 7000.7 of this part and issued by the commission to a judge at the conclusion of proceedings pursuant to a formal written complaint, upon a finding that the judge’s misconduct is established.

(n) Retirement means a retirement for physical or mental disability preventing the proper performance of judicial duties.

(o) Referee means any person designated by the commission pursuant to section 43, subdivision 2, of the Judiciary Law to hear and report on any matter in accordance with the provisions of section 44, subdivision 4, of the Judiciary Law.

Historical Note:  Sec. filed March 25, 1975; expired Aug. 31, 1976; new filed July 11, 1977; repealed, new filed Nov. 21, 1978; amd. filed Jan. 10, 1983 eff. Jan. 6, 1983. Amended (l); amd. eff. Nov. 22, 2000. Amended (l). Added (m). Amended (n)-(o).

 

§ 7000.2. Complaints

The commission shall receive, initiate, investigate and hear complaints against any judge with respect to his qualifications, conduct, fitness to perform, or the performance of his official duties. Prior to commencing an investigation of a complaint initiated by the commission, the commission shall file as part of its records an administrator's complaint.

Historical Note: Sec. filed March 25, 1975; expired Aug. 31, 1976; new filed July 11, 1977; repealed, new filed Nov. 21, 1978 eff. Nov. 1, 1978.

§ 7000.3. Investigations and dispositions

(a) When a complaint is received or when the administrator's complaint is filed, an initial review and inquiry may be undertaken.

(b) Upon receipt of a complaint, or after an initial review and inquiry, the complaint may be dismissed by the commission or, when authorized by the commission, an investigation may be undertaken.

(c) During the course of, or after, an investigation, the commission may dismiss the complaint, direct further investigation, request a written response from the judge who is the subject of the complaint, direct the filing of a formal written complaint or take any other action authorized by section 22 of article 6 of the Constitution or article 2-A of the Judiciary Law. Notwithstanding the dismissal of a complaint, the commission, in connection with such dismissal, may issue to the judge a letter of dismissal and caution containing confidential comments, suggestions and recommendations with respect to the complaint, the commission's initial review and inquiry, or the commission's investigation as they pertain to the judge.

(d) Any member of the commission, or the administrator, may administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of any books, records, documents or other evidence that may be deemed relevant or material to an investigation. The commission may, by resolution, delegate to staff attorneys and other employees designated by the commission the power to administer oaths and take testimony during investigations authorized by the commission. If testimony is taken of a judge under investigation, during the course of an investigation authorized by the commission, at least one member of the commission or referee designated by the commission, shall be present.

(e) In the course of the investigation, the commission may require the appearance of the judge involved before the commission, or any of its members, or a referee designated by the commission, in which event the judge shall be notified in writing of his required appearance either personally, at least three days prior to such appearance, or by certified mail, return receipt requested, at least five days prior to such appearance. A copy of the complaint shall be served upon the judge at the time of such notification.

(f) The judge shall have the right to be represented by counsel during any and all stages of the investigation at which his appearance is required, and to present evidentiary data and material relevant to the complaint by submitting such data and material, including a written statement, or by making an oral statement which shall be transcribed. Counsel for the judge shall be permitted to advise him of his rights and otherwise confer with him, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the investigatory proceeding. A transcript of the judge's testimony shall be made available to the judge without cost.

(g) A nonjudicial witness required to appear before the commission shall have the right to be represented by his or her counsel who may be present with the witness and may advise the witness, but may not otherwise take any part in the proceeding.

Historical Note: Sec. filed March 25, 1975; expired Aug. 31, 1976; new filed July 11, 1977; repealed, new filed Nov. 21, 1978; amd. filed Feb. 7, 1992 eff. Feb. 26, 1992. Amended (d)-(e); amd. eff. Nov. 22, 2000. Amended (c)

§ 7000.4. Use in subsequent proceedings of letter of dismissal and caution or letter of caution

(a) A letter of dismissal and caution issued in lieu of a formal written complaint may be used in subsequent proceedings as follows:

(1) The fact that a judge had received a letter of dismissal and caution may not be used to establish the misconduct alleged in a subsequent proceeding. However, the underlying conduct described in the letter of dismissal and caution may be charged in a subsequent formal written complaint, and evidence in support thereof may be presented at the hearing.

(2) Where the underlying conduct described in the letter of dismissal and caution is charged in a subsequent formal written complaint, a judge may be questioned with respect to receipt of the prior letter of dismissal and caution, and upon a finding by the commission of a judge's misconduct with respect to the facts underlying the letter of dismissal and caution, such letter of dismissal and caution may be considered by the commission in determining the sanction to be imposed.

(b) As to any prior letter of dismissal and caution or letter of caution to the respondent judge that is not already in the record of a proceeding commenced by the filing of a formal written complaint, the administrator and respondent may address such letter in their briefs to the commission and at oral argument before the commission, for purposes of sanction only. Any prior letter used in such a manner would become part of the record of the present proceeding.  If the respondent and the administrator do not address such letter in their briefs to the commission or at oral argument, the commission may consider such letter only with regard to sanction and only if the respondent and the administrator had been given an opportunity to address it.  Any prior letter used in such fashion would become part of the record of the present proceeding if the commission relied on it in determining sanction.

Historical Note: Sec. filed March 25, 1975; expired Aug. 31, 1976; new filed July 11, 1977; repealed, new filed Nov. 21, 1978; amds. filed: July 14, 1980; May 11, 1988 eff. June 1, 1988. Amended (b); amd. eff. Nov. 22, 2000; Amended 7000.4, (a)(1)-(2). Added (b); Amended 7000.4(b), eff. Mar. 25, 2009.

§ 7000.5. Use of letter of suggestions and recommendations of former State Commission on Judicial Conduct and Temporary State Commission on Judicial Conduct

A letter of suggestions and recommendations sent to a judge by the former State Commission on Judicial Conduct or the Temporary State Commission on Judicial Conduct may be used in the same manner and for the same purposes in subsequent proceedings as a letter of dismissal and caution may be used as indicated in section 7000.4 of this Part.

Historical Note: Sec. filed July 11, 1977; repealed, new filed Nov. 21, 1978 eff. Nov. 1, 1978.

§ 7000.6. Procedure upon a formal written complaint

(a) Applicable law. If the commission determines that a hearing is warranted, the procedures to be followed are those set forth in section 44, subdivision 4, of the Judiciary Law.

(b) Answer. A judge who is served with a formal written complaint shall serve his answer, verified by him, within 20 days of service of the formal written complaint. The answer shall contain denials of those factual allegations known or believed to be untrue. The answer shall also specify those factual allegations as to the truth of which the judge lacks knowledge or information sufficient to form a belief, and this shall have the effect of a denial. All other factual allegations in the charges are deemed admitted. The answer may also contain affirmative and other defenses, and may assert that the specified conduct alleged in the formal written complaint is not improper or unethical. Failure to answer the formal written complaint shall be deemed an admission of its allegations.

(c) Summary determination. Either party may move before the commission for a summary determination upon all or any part of the issues being adjudicated, if the pleadings, and any supplementary materials, show that there is no genuine issue as to any material fact and that the moving party is entitled to such decision as a matter of law. If a summary determination is granted, the commission shall provide reasonable opportunity for the submission of briefs and oral argument with respect to possible sanctions.

(d) Agreed statement of facts. Subject to the approval of the commission, the administrator and the respondent may agree on a statement of facts and may stipulate in writing that the hearing shall be waived. In such a case, the commission shall make its determination upon the pleadings and the agreed statement of facts.

(e) Subpoenas. Only the referee designated by the commission is empowered to issue subpoenas for a Commission hearing pursuant to a formal written complaint.  If Commission counsel or the judge who is the subject of a formal written complaint wishes to subpoena a witness or books, records, documents or other evidence, a request must be made to the referee on notice to the opposing side, affording a reasonable opportunity to be heard.  The referee shall grant reasonable requests for subpoenas.

(f) Motions.

(1) The commission shall decide the following motions:

(i) a motion for summary determination;

(ii) a motion to dismiss;

(iii) a motion to confirm or disaffirm the findings of the referee; and

(iv) a motion made prior to the appointment of the referee, except that the commission may refer such motion to the referee when such referral is not inconsistent with the other provisions of this section.

(2) The referee designated by the commission shall decide all other motions.

(3) In deciding a motion, the commission members shall not have the aid or advice of the administrator or commission staff who has been or is engaged in the investigative or prosecutive functions in connection with the case under consideration or a factually related case.

(4) Motions to dismiss a formal written complaint must be made within 30 days of service.

(5) Motions for the disqualification of a referee are to be made to that referee within 10 days of the parties being notified of the designation of the referee. The Commission will hear appeals from determinations made within 10 days thereof. All proceedings will be stayed until the Commission has rendered its decision.

(6) Motions for reconsideration of commission determination must be made within 30 days of service of the determination upon respondent.  In a motion to reconsider on grounds of newly discovered evidence, the moving party must demonstrate that the proffered evidence, if introduced at the hearing before the referee or otherwise properly before the commission, (1) would probably have resulted in a different determination and (2) could not have been discovered in time to introduce at the hearing or otherwise be properly before the commission prior to the rendering of the determination.  The commission reserves the authority to direct a hearing before a referee for the purpose of evaluating the newly discovered evidence.

(7) Moving parties shall obtain a return date from the clerk of the commission for all motions to be decided by the commission.

(g) Hearings. The referee shall set a prompt hearing date, regulate the course of the hearing, make appropriate rulings, set the time and place for adjourned or continued hearings and, consistent with paragraphs (k) and (l) of this section, fix the time for filing briefs and other documents, and shall have such other authority as specified by the commission, not inconsistent with the provisions of article 2-A of the Judiciary Law.

(h) Discovery. (1) Upon the written request of the respondent, the administrator shall, at least ten days prior to the hearing or any adjourned date thereof, make available to the respondent without cost copies of all documents which the administrator intends to present at such hearing, a list of the witnesses the administrator intends to call to give testimony, and any written statements made by witnesses who will be called to give testimony by the administrator. The administrator shall, in any case, make available to the respondent at least ten days prior to the hearing or any adjourned date thereof, any exculpatory evidentiary data, and material relevant to the formal written complaint. The failure of the commission to furnish timely any documents, statements and/or exculpatory evidentiary data and material provided for herein shall not affect the validity of any proceedings before the commission, provided that such failure is not substantially prejudicial to the judge.

(2) Upon the written request of the administrator, respondent shall, at least five days prior to the hearing or any adjourned date thereof, make available to the administrator without cost copies of all documents that respondent intends to present at such hearing, a list of the witnesses respondent intends to call to give testimony and any written statements made by witnesses who will be called to give testimony by respondent.

(i) Burden of proof and rules of evidence at hearing.

(1) The attorney for the commission has the burden of proving, by a preponderance of the evidence, the facts justifying a finding of misconduct.

(2) At the hearing, the testimony of witnesses may be taken and evidentiary data and material relevant to the formal written complaint may be received. The rules of evidence applicable to nonjury trials shall be followed.

(j) Post-hearing procedures. Within a reasonable time following a hearing, the commission shall furnish to the respondent, without cost, a copy of the transcript of the hearing.

(k) The respondent who is the subject of the hearing, and the administrator, shall be afforded a reasonable opportunity to present to the referee written argument on issues of law and fact. The respondent and the administrator may file briefs and proposed findings with the referee no later than four weeks after their receipt of the transcript of the hearing. For good cause, the referee may grant a reasonable extension or may shorten the period.

(l) The referee shall submit a report to the commission with proposed findings of fact and conclusions of law. No recommendation shall be made with respect to a sanction to be imposed by the commission. The referee shall endeavor to submit such report: (i) no later than 30 days after receipt of the briefs referred to in subdivision (k) of this section, or (ii) no later than 30 days after failure to the respondent or the administrator to file such brief within the time prescribed in subdivision (k) of this section. A copy of the referee's report shall be sent to the respondent.

(m) Following service of a formal written complaint upon the respondent, the respondent may request and authorize in writing that a copy of any determination filed by the commission with the Chief Judge of the Court of Appeals and served by the Chief Judge upon the respondent pursuant to section 44, subdivision 7, of the Judiciary Law, and a copy of any correspondence sent by the Chief Judge to the respondent, be forwarded by the Chief Judge to the respondent's counsel. The commission shall make available to the respondent a form for such request and authorization.

(n) Following the appearance of counsel representing a judge in any matter before the commission, at any stage of the proceeding, such counsel may not withdraw as counsel in the matter without the permission of the commission.

Historical Note: Sec. filed July 11, 1977; repealed, new filed Nov. 21, 1978; amds. filed: Feb. 29, 1980; Aug. 11, 1980; Aug. 20, 1982; Feb. 22, 1983; Feb. 11, 1993; July 24, 1998 eff. Aug. 12, 1998. Added (f)(7); amd. eff. Nov. 22, 2000. Amended (h)(1). Added (2). (e) amd eff. Apr. 18, 2018.

 § 7000.7. Procedure for consideration of referee's report or agreed statement of facts

(a) The commission shall consider the referee's report or agreed statement of facts and shall provide reasonable opportunity for the submission of briefs and oral argument with respect to such report or agreed statement of facts and with respect to possible sanctions. The respondent judge shall file an original and 10 copies of any brief submitted to the commission.

(b) In making a determination following receipt of a referee's report or agreed statement of facts, the commission members shall not have the aid or advice of the administrator or commission staff who has been or is engaged in the investigative or prosecutive functions in connection with the case under consideration or a factually related case.

(c) If the commission determines that a judge who is the subject of a hearing shall be admonished, censured, removed or retired, the commission shall transmit its written determination, together with its findings of fact and conclusions of law and the record of the proceedings upon which the determination is based, to the Chief Judge of the Court of Appeals.

(d) If the commission determines that the respondent judge’s misconduct is established but that a determination other than admonition, censure, removal or retirement from office is appropriate, the commission may issue to the judge a letter of caution containing confidential comments, suggestions and recommendations with respect to the formal written complaint.

(e) If the commission determines that the formal written complaint is not sustained, that the judge’s misconduct is not established and that no further action is necessary, the formal written complaint shall be dismissed.

(f) The commission shall notify the complainant of its disposition of the complaint.

Historical Note: Sec. filed July 11, 1977; repealed, new filed Nov. 21, 1978; amd. filed Jan. 10, 1983 eff. Jan. 6, 1983. Amended (c); amd. eff. Nov. 22, 2000. Amended (c), (e)-(f), new (d).

§ 7000.8. Confidentiality of records

The confidentiality of the commission's records shall be governed by section 45 of the Judiciary Law. Disciplining staff for breaches of confidentiality shall be governed by procedures set forth in section 46 of the Judiciary Law.

Historical Note: Sec. filed Nov. 21, 1978 eff. Nov. 1, 1978.

§ 7000.9. Standards of conduct

(a) A judge may be admonished, censured or removed for cause, including but not limited to misconduct in office, persistent failure to perform his duties, habitual intemperance, and conduct on or off the bench, prejudicial to the administration of justice; or retired for mental or physical disability preventing the proper performance of his judicial duties.

(b) In evaluating the conduct of judges, the commission shall be guided by:

(1) the requirement that judges uphold and abide by the Constitution and laws of the United States and the State of New York; and

(2) the requirement that judges abide by the Code of Judicial Conduct, the rules of the Chief Administrator and the rules of the respective Appellate Divisions governing judicial conduct.

Historical Note: Sec. filed Nov. 21, 1978 eff. Nov. 1, 1978.

§ 7000.10 Amending rules

The rules of the commission may be amended with the concurrence of at least six members.

Historical Note: Sec. filed Nov. 21, 1978 eff. Nov. 1, 1978.

§ 7000.11 Quorum, voting.

(a) Six members of the commission shall constitute a quorum of the commission except for any action taken pursuant to section 43, subdivision 2, and section 44, subdivisions 4 through 8, of the Judiciary Law, in which case eight members shall constitute a quorum. A member who abstains from, or does not participate in, voting shall be considered to be present for purposes of quorum.

(b) For any action taken by the commission pursuant to its statutory functions, powers or duties, the concurrence of six members shall be necessary, except any action taken pursuant to section 44, subdivision 1, 2 or 3 of the Judiciary Law, and any designation of a panel provided for in section 43, subdivision 1 of the Judiciary Law shall require the concurrence of a majority of those members present.

Historical Note: Sec. filed Nov. 21, 1978; amd. filed July 16, 1979 eff. July 13, 1979.

§ 7000.12. Commission's principal office

The commission's principal office shall be its New York City office.

Historical Note: Sec. filed Nov. 21, 1978 eff. Nov. 1, 1978.

§ 7000.13. Designation of clerk of commission

The commission shall designate a clerk of the commission who shall be a member of the bar of the State of New York. The clerk shall not participate in the investigation or in an adversarial capacity in any matter before the commission. The clerk shall assist the commission in all matters concerning its consideration of formal charges. The clerk shall serve as the commission's liaison to referees appointed pursuant to section 43 of the Judiciary Law; shall correspond on behalf of the commission with attorneys with matters before the commission, including the administrator; shall schedule oral arguments and other matters before the commission; shall assist the commission in the preparation of determinations and orders and shall transmit the record of matters to the Court of Appeals, pursuant to section 44, subdivision 7, of the Judiciary Law. The clerk shall advise complainants of the commission's disposition of complaints, pursuant to section 44, subdivisions 1 and 6, of the Judiciary Law. The clerk shall perform such additional duties as may be assigned by the commission. The clerk shall serve at the pleasure of the commission and the terms and conditions of employment shall be established by the commission.

Historical Note: Sec. filed Jan. 8, 1992 eff. Jan. 29, 1992.

 Section 7000.14.  Special rules for commission members.

(a)  Campaigns for judicial office.  No commission member shall participate in or contribute to any campaign for judicial office, except where the member is a candidate for judicial office.  When a commission member is associated with a bar association committee or other organization that endorses or rates candidates for judicial office, the member shall not participate in that process.

(b)  Campaigns for non-judicial office.  A commission member who is involved in any political campaign for non-judicial office shall not make reference to the member’s affiliation with the commission or act in any way that indicates support for the candidate by the commission.

(c)  Disqualification based on fiduciary appointment.  A commission member who has accepted a discretionary fiduciary appointment from a judge shall be disqualified from participating in any complaint involving that judge or the judge who approves the commission member’s fee for such appointment, for the period beginning on the date of the appointment and ending two years after the appointment is formally terminated or the member’s final fee for the appointment is awarded, whichever comes later.

(d) Practice of law before the commission. No commission member shall represent a judge or witness, or otherwise serve as counsel, before the commission while serving as a member of the commission. The foregoing prohibition shall also apply to the law firm, partners and associates of a member of the commission.  No commission member may represent a judge or witness, or otherwise serve as counsel, before the commission for a period of two years after ceasing to serve as a member of the commission.

Historical Note: Sec. filed May 10, 2006 eff. May 31, 2006. Added (d) filed January 15, 2016 eff. February 3, 2016.

Public Access to Records of the

New York State Commission on Judicial Conduct

22 NYCRR Part 7001

 

§ 7001.1. Definitions

(a) Records shall mean a written determination filed in the Court of Appeals and served upon a judge in accordance with applicable provisions of law, and related findings of fact, conclusions of law and the record of proceedings upon which such a determination is based, and other documents which may, by law, be made public.

(b) Information shall mean information which may, by law, be provided.

§ 7001.2. Purpose and scope

(a) This Part provides procedures by which records may be obtained.

(b) Personnel shall furnish to the public information and records as defined in section 7001.1 of this Part.

§ 7001.3. Designation of records access officer

(a) The State Commission on Judicial Conduct is responsible for insuring compliance with the regulations herein and authorizes its administrator to designate a records access officer. The administrator will delegate to a staff employee in each office the functions of receiving requests for records and providing assistance to the public.

(b) The records access officer is responsible for insuring appropriate agency response to public requests for access to records.

(c) The records access officer shall insure that personnel:

(1) maintain an up-to-date subject matter list;

(2) assist the requester in identifying requested records, if necessary;

(3) upon locating the records, take one of the following actions:

(i) make records available for inspection; or

(ii) deny access to the records in whole or in part and explain in writing the reasons therefor;

(4) upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with section 7001.9 of this Part;

(5) upon request, certify that a record is a true copy; and

(6) upon failure to locate records, certify that:

(i) the State Commission on Judicial Conduct is not the custodian for such records; or

(ii) the records of which the State Commission on Judicial Conduct is a custodian cannot be found after diligent search.

§ 7001.4. Location

Records shall be available for public inspection at:

(a) 61 Broadway, New York, N.Y. 10006;

(b) 400 Andrews Street, Rochester, N.Y. 14604; and

(c) Corning Tower (Suite 2301), Albany, N.Y. 12223.

§ 7001.5. Hours for public inspection

Requests for public access to records shall be accepted and records produced upon reasonable notice during all hours regularly open for business. These hours are 9 a.m. to 5 p.m., Monday through Friday.

§ 7001.6. Requests for public access to records

(a) A written request may be required, but oral requests may be accepted when records are readily available.

(b) A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.

(c) A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.

(d) If the records access officer does not provide or deny access to the record sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.

§ 7001.7. Subject matter list

(a) The records access officer shall maintain a reasonably detailed current list by subject matter of all records in its possession as defined in section 7001.1 of this Part.

(b) The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.

(c) The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.

§ 7001.8. Denial of access to records

(a) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the State Commission on Judicial Conduct.

(b) If requested records are not provided promptly, as required in subdivision (d) of section 7001.6 of this Part, such failure shall also be deemed a denial of access.

(c) The State Commission on Judicial Conduct shall hear appeals for denial of access to records under the Freedom of Information Law.

(d) The time for deciding an appeal by the State Commission on Judicial Conduct shall commence upon receipt of a written appeal identifying:

(1) the date of the appeal;

(2) the date and location of the requests for records;

(3) the records to which the requester was denied access;

(4) whether the denial of access was in writing or due to failure to provide records promptly, as required by subdivision (d) of section 7001.6 of this Part; and

(5) the name and return address of the requester.

(e) The State Commission on Judicial Conduct shall inform the requester of its decision in writing promptly following its first meeting after receipt of the appeal.

(f) The State Commission on Judicial Conduct shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of appeals. Such copies shall be addressed to:

Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, N.Y. 12231

(g) The State Commission on Judicial Conduct shall inform the appellant and the Committee on Public Access to Records of its determination in writing promptly, following its first meeting after receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in subdivision (f) of this section.

§ 7001.9. Fees

(a) There shall be no fee charged for: (1) inspection of records;  (2) search for records; or  (3) any certification pursuant to this Part.

(b) Copies of records shall be provided at a cost of 25 cents per photocopy page.

§ 7001.10. Public notice

A notice containing the title or name and business address of the records access officer and appeals body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept.

§ 7001.11. Severability

If any provision of this Part or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.