In the Matter of New York State Commission on Judicial Conduct v. Seth Rubenstein, (And Another Action.)

Summary

The New York Court of Appeals held that the State Commission on Judicial Conduct is authorized to request and receive sealed criminal records under CPL 160.50 when those records are reasonably related to a judicial misconduct investigation, and that the appeal was not moot because the Commission’s publicly posted determination continues to cause enduring reputational harm to the appellant. Accordingly, the Court reversed the Appellate Division’s mootness dismissal and denied the appellant’s motion to vacate the ex parte order releasing the sealed records.