New York Judiciary Law Does Allow Commission To Investigate Judge Who Resigns
Recently, Janet DiFiore, the Chief Judge of New announced that she would resign at the end of August. In June, the New York State Commission on Judicial Conduct served Judge DiFiore with a written complaint that alleged she used her position of proper to influence a disciplinary proceeding.
Can the investigation continue after she resigns? The Wall Street Journal said no:
The formal complaint could have led to a hearing before the commission, which has the power to privately caution judges or issue public admonitions or censures. The commission can also remove judges from office. However, it has no jurisdiction over jurists once they leave office, meaning her resignation effectively ends the investigation.
I don’t think that’s right. Anticipating this issue, this morning I asked this question of Rebecca Roiphe (New York Law School) and Bruce Green (Fordham Law School). They pointed me to two cases that suggest the Commission can maintain jurisdiction.
First, Matter of Hedges (New York 2013) explained:
* Judiciary Law § 47 provides the Commission and this Court with continued jurisdiction over a judge who resigns from office to prevent the judge from circumventing removal and then seeking jud
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