Title JUD, Judiciary

§ 405. Sheriff need not attend or designate officers to attend terms\nof courts in Erie county unless requested. The sheriff of the county of\nErie shall not be required to attend or designate any officer to attend\nat justices' chambers or at special terms of the supreme court,…

§ 406. Sheriff, deputy or constable must act as crier when directed by\ncourt. A sheriff, deputy sheriff, or constable, attending a term of a\ncourt of record, must, when required by the court, act as crier therein;\nand he is not entitled to any additional compensation for that…

§ 407. Deputy sheriff must attend court as notified. Each constable or\ndeputy sheriff, seasonably notified, as prescribed in section four\nhundred and three of this chapter, must attend the term accordingly; and\nfor each day's neglect he may be fined by the court, at the term …

§ 408. Designation by sheriff of Monroe county of attendants for\nsupreme and county courts. The sheriff of the county of Monroe is hereby\nauthorized, by and with the consent and approval of the justices of the\nsupreme court of the seventh judicial district, residing in the co…

§ 409. Designation by sheriff of Onondaga county of court attendants\nfor supreme and county courts. The sheriff of the county of Onondaga is\nhereby authorized by and with the consent and approval of the trial\njustices of the supreme court of the fifth judicial district residi…

§ 41. State commission on judicial conduct; organization. 1. A state\ncommission on judicial conduct is hereby established. The commission\nshall consist of eleven members, of whom four shall be appointed by the\ngovernor, one by the temporary president of the senate, one by the…

§ 410. Appointment of court attendants in Oneida county. The resident\nsupreme court justices of Oneida county and the county judge of Oneida\ncounty are hereby authorized to appoint, and may at their pleasure\nremove, both permanent and temporary court attendants in and for the…

§ 411-a. Court attendant in Herkimer county. The county judge and\nsurrogate of the county of Herkimer is hereby authorized by and with the\nconsent and approval of the trial justice of the supreme court, residing\nin Herkimer county, to appoint a court attendant in and for the …

§ 411-b. Designation by sheriff of Dutchess county of attendants for\ncertain courts in such county. The sheriff of the county of Dutchess is\nhereby authorized to designate such number of deputy sheriffs as shall\nbe authorized by resolution of the board of supervisors of such …

§ 415. Impeachment to be delivered to president of the senate. When\nan officer of the state is impeached by the assembly, the articles of\nimpeachment must be delivered to the president of the senate.\n

§ 416. Copy of impeachment served on defendant. The president of the\nsenate must thereupon cause a copy of the articles of impeachment, with\na notice to appear and answer the same, at the time and place appointed\nfor the meeting of the court, to be served on the defendant, no…

§ 417. Service, how made. The service must be upon the defendant\npersonally, or if he cannot, upon diligent inquiry, be found in the\nstate, the court, upon proof of that fact may order publication to be\nmade in such manner as it deems proper, of a notice requiring him to\napp…

§ 418. Proceedings, if defendant does not appear. If the defendant\ndoes not appear, the court, upon proof of service or publication as\nprovided in the last two sections, may of its own motion, or for cause\nshown, assign another day or place for hearing the impeachment; or may…

§ 419. Defendant may object to sufficiency of, or deny impeachment.\nWhen the defendant appears, he must answer the articles of impeachment;\nwhich he may do, either by objection to their sufficiency, or that of\nany article therein, or by denying the truth of the same.\n

§ 42. Functions; powers and duties. The commission shall have the\nfollowing functions, powers and duties:\n 1. To conduct hearings and investigations, administer oaths or\naffirmations, subpoena witnesses, compel their attendance, examine them\nunder oath or affirmation and req…

§ 420. Form of objection or denial. If the defendant object to the\nsufficiency of the impeachment, the objection must be in writing, but\nneed not be in any specific form; it being sufficient, if it present\nintelligibly the grounds of the objection. If he deny the truth of the…

§ 421. Proceedings thereon. If an objection to the sufficiency of the\nimpeachment be not sustained by a majority of the members of the court\nwho heard the argument, the defendant must forthwith answer the articles\nof impeachment. If he plead guilty, or refuse to plead, the co…

§ 422. Two-thirds necessary to conviction. The defendant cannot be\nconvicted on an impeachment, without the concurrence of two-thirds of\nthe members present during the trial; and if such two-thirds do not\nconcur in a conviction, the defendant must be declared acquitted.\n

§ 423. Judgment on conviction, how pronounced. After conviction, the\ncourt must immediately, or at such other time as it may appoint,\npronounce judgment, in the form of a resolution, entered upon the\nminutes of the court. The vote upon the passage thereof must be taken\nby ye…

§ 424. Adoption of resolution. On the adoption of the resolution, by a\nmajority of the members present, who voted on the question of acquittal\nor conviction, it becomes the judgment of the court.\n

§ 425. Nature of the judgment. Upon conviction, the judgment must be\neither:\n 1. That the defendant be removed from office; or\n 2. That he be removed from office and disqualified to hold and enjoy a\nparticular office or class of offices, or any office of profit, trust or\nho…

§ 426. Officer, when impeached, disqualified to act until acquitted.\nNo officer shall exercise his office, after articles of impeachment\nagainst him shall have been delivered to the senate, until he is\nacquitted.\n

§ 427. Presiding officer, when president of the senate is impeached.\nIf the president of the senate be impeached, notice of the impeachment\nmust be immediately given to the senate by the assembly, that another\npresident may be chosen.\n

§ 428. Impeachment, not a bar to indictment. If the offense for which\nthe defendant is impeached be a crime, the prosecution thereof is not\nbarred by the impeachment.\n

§ 43. Panels; referees. 1. The commission may delegate any of its\nfunctions, powers and duties to a panel of three of its members, one of\nwhom shall be a member of the bar, except that no panel shall confer\nimmunity in accordance with section 50.20 of the criminal procedure l…

§ 430. Law reporting bureau; state reporter. There is hereby created\nand established the law reporting bureau of the state of New York. The\nbureau shall be under the direction and control of a state reporter, who\nshall be appointed and be removable by the court of appeals by …

§ 431. Causes to be reported. The law reporting bureau shall report\nevery cause determined in the court of appeals and every cause\ndetermined in the appellate divisions of the supreme court, unless\notherwise directed by the court deciding the cause; and, in addition,\nany cau…

§ 432. Copies of opinions, decisions and papers to be furnished to\nstate reporter. With the exception of court of appeals and appellate\ndivision causes directed not to be reported, as provided in section four\nhundred thirty-one of this article, the judges or justices of every…

§ 433. Contents of reports. The law reporting bureau shall prepare and\npublish with the reports the usual headnotes, tables and indexes and in\nthe report of every cause determined in the court of appeals and the\nappellate divisions of the supreme court the name of the judge o…

§ 433-a. Printing and publication of reports. Causes determined in the\ncourt of appeals shall be published and printed in bound volumes\nentitled "New York Reports". Causes determined in the appellate\ndivisions of the supreme court shall be published and printed in bound\nvolu…

§ 434. Contracts for publication of reports. 1. The printing and\npublication of the court of appeals reports, the appellate division\nreports, the miscellaneous reports and the combined official series\nshall be done under contract as hereinafter provided.\n 2. Said contract sh…

§ 435. Qualifications of state reporter and deputies. No one shall be\nappointed to the office of state reporter or of deputy state reporter\nwho is not an attorney and counselor of this state; provided, however,\nthat the limitation contained herein with respect to appointment …

§ 436. Compensation of state reporter and deputy state reporter;\nreporters; office expense; fees. The state reporter shall receive an\nannual salary of nine thousand dollars, and the first deputy reporter an\nannual salary of seven thousand five hundred dollars. In addition\nth…

§ 437. Duty of state reporter on expiration of term. The state\nreporter must, on the appointment of his successor, deliver to him all\npapers in his hands, pertaining to a cause which he has not reported, or\nwhich are not necessary to be retained by him to complete the\npublic…

§ 438. Copyright of notes prepared by law reporting bureau. The\ncopyright of the statement of facts, of the head notes and of all other\nnotes or references prepared by the law reporting bureau must be taken\nby and shall be vested in the secretary of state for the benefit of t…

§ 44. Complaint; investigation; hearing and disposition. 1. The\ncommission shall receive, initiate, investigate and hear complaints with\nrespect to the conduct, qualifications, fitness to perform, or\nperformance of official duties of any judge, and, in accordance with the\npr…

§ 45. Confidentiality of records. 1. Except as hereinafter provided,\nall complaints, correspondence, commission proceedings and transcripts\nthereof, other papers and data and records of the commission shall be\nconfidential and shall not be made available to any person except\…

§ 46. Breach of confidentiality of commission information. 1. Any\nstaff member, employee or agent of the state commission on judicial\nconduct who violates any of the provisions of section forty-five of this\narticle shall be subject to a reprimand, a fine, suspension or remova…

§ 460. Examination and admission of attorneys. An applicant for\nadmission to practice as an attorney or counsellor in this state, must\nbe examined and licensed to practice as prescribed in this chapter and\nin the rules of the court of appeals. Race, creed, color, national\nor…

§ 460-b. Applications for special arrangements. 1. The state board of\nlaw examiners shall provide a procedure for review of applications for\nspecial arrangements from any person applying for examination for\nadmission to practice as an attorney and counsellor-at-law which shal…

§ 461. Compensation of state board of law examiners; appointment and\ncompensation of employees. The court of appeals shall fix the\ncompensation of the members of the state board of law examiners\nappointed by it as provided by section fifty-six of this chapter. The\ncourt of a…

§ 462. Annual account by state board of law examiners. The state board\nof law examiners shall render an annual account of all its receipts and\ndisbursements to the court of appeals.\n

§ 463. Times and places of examinations. There shall be examinations\nof all persons applying for admission to practice as attorneys and\ncounsellors-at-law at least twice in each year in each judicial\ndepartment, and at such other times and places as the court of appeals\nmay …

§ 464. Certification by state board of successful candidates. Every\nperson who shall pass the examination, and every person who has received\na dispensation from the taking of the examination, shall be certified by\nthe state board of law examiners to the appellate division of …

§ 465. Fee for examinations and for credential review for admission on\nmotion; disposition; refunds; funds. 1. Every person applying for\nexamination for admission to practice as an attorney and counselor at\nlaw shall pay a fee of two hundred fifty dollars, or seven hundred fi…

§ 466. Attorney's oath of office. 1. Each person, admitted as\nprescribed in this chapter must, upon his or her admission, take the\nconstitutional oath of office in open court, and subscribe the same in a\nroll or book, to be kept in the office of the clerk of the appellate\ndi…

§ 467. Registration of attorneys. The clerks of each appellate\ndivision shall forward to the clerk of the court of appeals and the\nchief administrator of the courts a list of attorneys newly admitted to\npractice. Such list shall be forwarded at such times and in such form as\…

§ 468. Official registration of attorneys to be kept by the chief\nadministrator of the courts. 1. It shall be the duty of the chief\nadministrator of the courts to enter in a bound book or volume to be\nkept by him for that purpose, which shall be known and designated as and\ni…

§ 468-a. Biennial registration of attorneys. 1. Every attorney and\ncounsellor-at-law admitted to practice in this state on or before\nJanuary first, nineteen hundred eighty-two, whether resident or\nnonresident, shall file a biennial registration statement with the\nadministrat…

§ 468-b. Clients' security fund of the state of New York. 1. The court\nof appeals shall appoint a board of trustees to administer the lawyers'\nfund for client protection of the state of New York established pursuant\nto section ninety-seven-t of the state finance law. Such boa…