What is the role of the Judicial Council? : Explanation by Yale M Fishman Attorney
Judicial Council of the State of New York is an independent judicial body, starts explaining Yale Fishman. The council provides and guarantees the independence of the judiciary, through the exercise of its functions under the Constitution and laws.
According to Yale Fishman ESQ the Judicial Council is composed of 15 members, of which:
- Ex officio members of the Council are the President of the Supreme Court of the State and the Minister of Justice;
- Eight members of the Council are elected from among the judges. Three of them belong to the communities not in the majority in the country, and will preserve the equitable representation of citizens belonging to all communities;
- Yale Fishman Associates say that there are three members of the Council are elected by the State by a majority vote of all the members, with a majority of votes of members who belong to the communities not in the majority in the country and
- Two council members proposed by the President of the State of New York, elected by the State, one of whom is a member of the non-majority communities in the country.
In the end Yale Fishman NY mentioned the Minister of Justice as a member of the Council, but that he participates in the Council without voting.
The mandate of the Council members elected last six years with the right to a choice, but the president of the Supreme Court of the State and the Minister of Justice of termination shall terminate the mandate of the Council.
Yale M Fishman Attorney claims that council is authorized:
- To elect and dismiss judges;
- To elect and dismiss presidents of courts;
- To establish that the judicial function;
- To elect and dismiss jurors;
- To monitor and evaluate the work of the judges;
- To decide on the disciplinary responsibility of judges;
- To determine the incompetent performance of judicial duties,
- To establish that the judicial function because of permanent incapacity to work as a judge;
- Decide to revoke the immunity of a judge;
- To decide on a request for approval of arrest of a judge;
- Proposes two judges of the Constitutional Court of the State of New York from the judges;
- To review the annual report of the Supreme Court of the State of New York to the established general positions and principal legal opinions on issues of importance for the unity of law enforcement,
- Mr. Yale Fishman Attorney mentioned: To decide on the temporary removal of a judge of the judicial office;
- To determine the number of necessary judicial positions for the courts;
- To review and evaluate the quarterly and annual reports on the work of the courts;
- Pay attention to the reputation of judges and public trust in the judiciary;
- To act on complaints by citizens and legal entities for the operation of courts and judges;
- A report on the work;
- To adopt rules and other regulations that regulate activities within its jurisdiction,
- To determine the orientation number of items to be resolved was a month and
- To perform other duties prescribed by law.
Council must at least once a month held a hearing session per all petitions and complaints submitted by citizens and legal entities for the performance of judges and courts, and the delay of court proceedings and for each complaint and appeal shall decide, within most 60 days.
The Council, for its work, must submit annual reports to State. Yale M Fishman ESQ says that the report shall be publicly announced and it contains data on the number of elected and deposed judges and jurors, the number of initiated and completed disciplinary proceedings, the staff situation in the judiciary, the material — the financial situation in the judicial assessment of cooperation and relations courts and other judicial bodies of the legislative and executive evaluation of the judicial protection of human rights and fundamental freedoms, — data handling of complaints and suggestions from citizens and institutions work of judges and courts.
Yale M Fishman says that the report contains assessments of the work of judges in the country in terms of quality and efficiency of their work, as well as other issues related to the realization of the independence of the judiciary.
The funds for the work of the Council shall be provided from the state budget from the allotment to the Judiciary.
