N.Y. Judiciary Law § 48: Courts on the judiciary; former commission on judicial conduct; jurisdiction and powers

§ 48. Courts on the judiciary; former commission on judicial conduct;

jurisdiction and powers. Notwithstanding any other law to the contrary:

1. If a court on the judiciary shall have been convened before the first

day of April, nineteen hundred seventy-eight, and the proceeding therein

shall not have been concluded by that date, the court on the judiciary

shall have continuing jurisdiction beyond that date to conclude the

proceeding in accordance with the provisions of section twenty-two of

article six of the constitution in effect on the thirty-first day of

March, nineteen hundred seventy-eight.

2. If, pursuant to the former provisions of section twenty-two of

article six of the constitution and article two-A of the judiciary law,

a complaint had been received by the former commission on judicial

conduct but a court on the judiciary had not been convened in respect to

such matter on or before the thirty-first day of March, nineteen hundred

seventy-eight, a court on the judiciary shall not be convened, and the

provisions of section twenty-two of article six of the constitution, as

such section took effect on the first day of April, nineteen hundred

seventy-eight, and the provisions of this article shall apply.

3. All matters pending before the former commission on judicial

conduct on the thirty-first day of March, nineteen hundred

seventy-eight, shall be transferred to and, effective the first day of

April, nineteen hundred seventy-eight, shall be pending before the

commission on judicial conduct established by section twenty-two of

article six of the constitution, as such section took effect on the

first day of April, nineteen hundred seventy-eight, and all files and

records of the former commission shall be transferred to, and shall

become files and records of the new commission created by this article

from and after the first day of April, nineteen hundred seventy-eight.

4. All provisions of law enacted to take effect on or after the first

day of April, nineteen hundred seventy-eight, relating to procedures

before the commission on judicial conduct established by section

twenty-two of article six of the constitution, as such section took

effect on the first day of April, nineteen hundred seventy-eight, and

all rules adopted by such commission, shall apply to (1) all matters

coming before the commission on or after the first day of April,

nineteen hundred seventy-eight, and (2) all matters transferred to such

commission pursuant to subdivision three of this section.

5. The commission shall succeed to the exercise of all of the

functions, powers and duties of the former commission on judicial

conduct including the power to continue any investigation, proceeding or

matter pending undetermined before such former commission pursuant to

the former provisions of article two-A of this chapter and the power to

act as counsel to conduct any proceeding before a court on the

judiciary, pursuant to the former provisions of subdivision f of section

twenty-two of article six of the constitution, provided, however, that

any recommendation or determination by the commission in any matter

pending undetermined before such former commission shall be made in

accordance with the provisions of this article.

6. Any action taken, function performed or proceeding conducted by the

commission on judicial conduct pursuant to the authority of section

twenty-two of article six of the constitution, as such section took

effect on the first day of April nineteen hundred seventy-eight, prior

to the date on which the provisions of this article became effective,

are hereby legalized, ratified and confirmed.