
Albany Times Union, December
12, 2002
Judicial Oversight has its Limits
The state commission that disciplines judges
gets by fairly well, considering a lack of money and resources to
process more than 1,300 complaints each year, several attorneys
said Wednesday. Limited funds and resources were recurring themes
at the State Bar Association's panel discussion on the state Commission
on Judicial Conduct.
"One of the problems is there is not enough
staff and not enough money," said Stephen Coffey, an Albany
attorney who sits on the 11-member commission.
Former member Juanita Bing Newton said the commission examines all
complaints filed, but a lack of money means the backlog keeps investigations
open for as long as three years.
"We don't want to have judges unnecessarily
hanging out in a posture of being under investigation," Newton
said.
Last year, the commission commenced 208 new investigations
and publicly disciplined 26 judges, according to its annual report.
Funding for the commission is hammered out yearly during state budget
negotiations.
Retired California Judge John Racanelli, who
sat on the panel as an out-of state observer, compared New York's
commission to its counterpart in California, the first state in
the country to set up a judicial oversight board.
California has 16 attorneys and $3.7 million
to examine about 1,000 complaints a year. New York, however, has
just nine attorneys and $2.23 million, handling about 1,300 complaints
annually.
"One thing I find impressive is how the
New York state commission can function as well as it does, dealing
with the tremendous volume of complaints within the budgetary constraints..."
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