Felicia Pitts Davis v. The Onondaga County District Attorney's Office

Summary

The Appellate Division, Fourth Department, affirmed an order accepting an Onondaga County grand jury report recommending removal of a City Court Judge and sealing the report pending appeal. The court held that the grand jury had authority under CPL 190.85 to issue the report and that the report and order should be made public after affirmance because the confidentiality provisions governing the Commission on Judicial Conduct did not apply to matters before the court.

Holdings

1. The Commission on Judicial Conduct does not have exclusive jurisdiction that prevents a grand jury from issuing a report under CPL 190.85 (1) (a) concerning misconduct or non-feasance in public office by a judge.
2. After the Appellate Division affirmed the order accepting the report, the report and order had to be made public; the confidentiality provisions governing Commission on Judicial Conduct proceedings did not apply to the matter before the court.

Questions Presented

1. Whether the New York Commission on Judicial Conduct has exclusive jurisdiction to review and determine alleged misconduct by a sitting judge, thereby precluding a grand jury report under CPL 190.85.
2. Whether the grand jury report and County Court order had to remain sealed after the Appellate Division determined the appeal because Commission on Judicial Conduct proceedings are confidential.

Disposition

affirmed