New York Court of Appeals
In the Matter of the Application of James F. Richardson, Appellants. Townsend Scudder, Respondent. in the…
March 1, 1928247 N.Y. 401
Summary
The Court of Appeals held that section 34 of the Public Officers Law, when it compels a Supreme Court justice to act as the Governor's delegate in removal proceedings, violates the New York Constitution's prohibition on judges holding any other public trust, rendering the subpoenas invalid and requiring a prohibition on the judge’s further participation; the orders of the lower courts were reversed and a prohibition was granted.