NY S00024

Establishes a new State Commission on Prosecutorial Conduct with 11 members appointed by the governor, legislature, and chief judge to investigate and hear complaints against district attorneys, assistant district attorneys, and assistant attorneys general.

Commission has authority to review prosecutor conduct for violations of statutes, case law, and New York Rules of Professional Conduct, and may admonish, censure, or recommend removal of prosecutors to the governor.

Prosecutors under investigation have rights including written notice of complaints, representation by counsel, access to evidence at least five days before hearing, and ability to appeal commission determinations to the Court of Appeals.

Commission proceedings and records are confidential, with violations of confidentiality by staff subject to reprimand, fines, suspension, or removal; prosecutor may request public disclosure of complaint, hearing transcripts, and disposition.

Takes effect January 1, 2017; does not supersede the governor's constitutional powers regarding removal of prosecutors.