Commission proceedings are confidential pursuant to statute. There are two situations in which a pending matter involving the Commission may be public. (1) The judge whose conduct is being investigated by the Commission may waive confidentiality. (2) The Commission may be the subject of a public lawsuit, typically commenced by a judge whose conduct is subject to investigation by the Commission, or by an associate of the judge.
WAIVERS OF CONFIDENTIALITY
Pursuant to Judiciary Law Sections 44(4) and 45, all Commission proceedings are confidential, unless the subject judge waives confidentiality or the Commission issues a determination that the judge should be admonished, censured, removed or retired from office.
Since 1978, when the current law went into effect, 14 judges have waived confidentiality at some stage of the Commission's proceedings.