48 - Courts on the judiciary; former commission on judicial conduct; jurisdiction and powers.

§  48. Courts on the judiciary; former commission on judicial conduct;  jurisdiction and powers. Notwithstanding any other law to the  contrary:  1. If a court on the judiciary shall have been convened before the first  day of April, nineteen hundred seventy-eight, and the proceeding therein  shall  not  have been concluded by that date, the court on the judiciary  shall have continuing jurisdiction beyond  that  date  to  conclude  the  proceeding  in  accordance  with the provisions of section twenty-two of  article six of the constitution in effect on  the  thirty-first  day  of  March, nineteen hundred seventy-eight.    2.  If,  pursuant  to  the  former provisions of section twenty-two of  article six of the constitution and article two-A of the judiciary  law,  a  complaint  had  been  received  by  the former commission on judicial  conduct but a court on the judiciary had not been convened in respect to  such matter on or before the thirty-first day of March, nineteen hundred  seventy-eight, a court on the judiciary shall not be convened,  and  the  provisions  of section twenty-two of article six of the constitution, as  such section took effect on the first day  of  April,  nineteen  hundred  seventy-eight, and the provisions of this article shall apply.    3.  All  matters  pending  before  the  former  commission on judicial  conduct  on  the   thirty-first   day   of   March,   nineteen   hundred  seventy-eight,  shall  be transferred to and, effective the first day of  April, nineteen hundred  seventy-eight,  shall  be  pending  before  the  commission  on  judicial  conduct  established  by section twenty-two of  article six of the constitution, as such  section  took  effect  on  the  first  day  of  April, nineteen hundred seventy-eight, and all files and  records of the former commission shall  be  transferred  to,  and  shall  become  files  and records of the new commission created by this article  from and after the first day of April, nineteen hundred seventy-eight.    4. All provisions of law enacted to take effect on or after the  first  day  of  April,  nineteen  hundred seventy-eight, relating to procedures  before  the  commission  on  judicial  conduct  established  by  section  twenty-two  of  article  six  of  the constitution, as such section took  effect on the first day of April, nineteen  hundred  seventy-eight,  and  all  rules  adopted  by  such commission, shall apply to (1) all matters  coming before the commission  on  or  after  the  first  day  of  April,  nineteen  hundred seventy-eight, and (2) all matters transferred to such  commission pursuant to subdivision three of this section.    5. The commission  shall  succeed  to  the  exercise  of  all  of  the  functions,  powers  and  duties  of  the  former  commission on judicial  conduct including the power to continue any investigation, proceeding or  matter pending undetermined before such former  commission  pursuant  to  the  former provisions of article two-A of this chapter and the power to  act as  counsel  to  conduct  any  proceeding  before  a  court  on  the  judiciary, pursuant to the former provisions of subdivision f of section  twenty-two  of  article six of the constitution, provided, however, that  any recommendation or determination by  the  commission  in  any  matter  pending  undetermined  before  such  former  commission shall be made in  accordance with the provisions of this article.    6. Any action taken, function performed or proceeding conducted by the  commission on judicial conduct pursuant  to  the  authority  of  section  twenty-two  of  article  six  of  the constitution, as such section took  effect on the first day of April nineteen hundred  seventy-eight,  prior  to  the  date  on which the provisions of this article became effective,  are hereby legalized, ratified and confirmed.