New York Court of Appeals

In the Matter of Gary Nicholson, Appellants-Respondents v. State Commission on Judicial Conduct, (And 5 Other…

July 1, 198050 N.Y.2d 597

Summary

The Court dismissed the article 78 prohibition petition, upheld the Commission on Judicial Conduct's subpoenas, and reversed the lower court's order sealing the record, finding that the First Amendment does not bar the investigation and that confidentiality statutes apply only to commission proceedings. Two dissenting judges argued for broader protection of the judge's privacy and for advisory guidance on judicial conduct.