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New York · Through 2026-09-11

N.Y. Judiciary Law § 42: Functions; powers and duties

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Where this section sits in the code
  1. Judiciary Law
  2. Article 2-A. State Commission On Judicial Conduct

§ 42. Functions; powers and duties. The commission shall have the

following functions, powers and duties:

1. To conduct hearings and investigations, 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 it may deem relevant or

material to an investigation; and the commission may designate any of

its members or any member of its staff to exercise any such powers,

provided, however, that except as is otherwise provided in section

forty-three of this article, only a member of the commission or the

administrator shall exercise the power to subpoena witnesses or require

the production of books, records, documents or other evidence.

2. To confer immunity when the commission deems it necessary and

proper in accordance with section 50.20 of the criminal procedure law;

provided, however, that at least forty-eight hours prior written notice

of the commission's intention to confer such immunity is given the

attorney general and the appropriate district attorney.

3. To request and receive from any court, department, division, board,

bureau, commission, or other agency of the state or political

subdivision thereof or any public authority such assistance, information

and data as will enable it properly to carry out its functions, powers

and duties.

4. To report annually, on or before the first day of March in each

year and at such other times as the commission shall deem necessary, to

the governor, the legislature and the chief judge of the court of

appeals, with respect to proceedings which have been finally determined

by the commission. Such reports may include legislative and

administrative recommendations. The contents of the annual report and

any other report shall conform to the provisions of this article

relating to confidentiality.

5. To adopt, promulgate, amend and rescind rules and procedures, not

otherwise inconsistent with law, necessary to carry out the provisions

and purposes of this article. All such rules and procedures shall be

filed in the offices of the chief administrator of the courts and the

secretary of state.

6. To do all other things necessary and convenient to carry out its

functions, powers and duties expressly set forth in this article.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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