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S00578 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                     January 5, 2023
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the  judiciary  law,  in  relation  to  eliminating  the
          requirement that certain papers, records and documents relating to the
          misconduct or discipline of attorneys be sealed

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 10 of section 90 of the judiciary law, as added
     2  by chapter 675 of the laws of 1945 and renumbered by chapter 241 of  the
     3  laws of 1946, is amended to read as follows:
     4    10.  Any  statute or rule to the contrary notwithstanding, all papers,
     5  records and documents upon the application or examination of any  person
     6  for  admission  as  an  attorney  and  counsellor  at  law [and upon any
     7  complaint, inquiry, investigation or proceeding relating to the  conduct
     8  or  discipline  of  an  attorney  or  attorneys,] shall be sealed and be
     9  deemed private and confidential. However, upon good cause  being  shown,
    10  the   justices   of  the  appellate  division  having  jurisdiction  are
    11  empowered, in their discretion,  by  written  order,  to  permit  to  be
    12  divulged  all  or any part of such papers, records and documents. In the
    13  discretion of the presiding or acting presiding justice of  said  appel-
    14  late  division,  such  order  may  be  made either without notice to the
    15  persons or attorneys to be affected thereby or upon such notice to  them
    16  as  he  may  direct.  In furtherance of the purpose of this subdivision,
    17  said justices are also empowered, in their discretion, from time to time
    18  to make such rules as they may deem necessary. [Without  regard  to  the
    19  foregoing,  in  the  event that charges are sustained by the justices of
    20  the appellate division having jurisdiction in  any  complaint,  investi-
    21  gation or proceeding relating to the conduct or discipline of any attor-
    22  ney,  the  records  and  documents  in  relation thereto shall be deemed
    23  public records.]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 578                              2
     1    § 2. This act shall take effect on the thirtieth day  after  it  shall
     2  have  become  a  law.  Effective immediately, the addition, amendment or
     3  repeal of any rule or regulation necessary  for  the  implementation  of
     4  this  act  on its effective date are authorized to be made and completed
     5  on or before such date.
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