Oddly enough, the Commission was created by a group of renegade lawyers that enjoys overturning the "will of the people". There is not a single statute, rule, regulation that allows for the Commission to discipline or remove anybody. They just do it from time to time for the hell of it.
Actually, the Commission itself was created by the "will of the people". The Commission's authority derives from Article VI, Section 22, of the Constitution of the State of New York, which was went into effect in April 1978 after overwhelming approval in the November 1977 election.
Alright, we've just established that the people wanted someone to keep an eye on our judges. But just who are these commissioners? From what bastion of leftism do they come?
There are eleven commissioners. Four are appointed by the Governor; one each by the legislature's majority and minority leaders and three by the chief Justice of the Court of Appeals. The terms are for four years so Republican appointees control the Commission. They have for quite some time.
That's not to say the Commission is political, or more accurately, partisan. We think all knowledgeable people would agree that the Commission executes its duties in a professional manner. We just want some of the ignorant to know the facts, not that it'll stop them. For instance:
"I take exception with the fact that we have a commission made up of non-residents of our city and county who don't experience what is happening on our streets on a day-to-day basis," said at-large City Councilman Robert Armet, who voted in support of Bauer in an 8-1 City Council resolution last month. "I could honestly understand if there was an outpouring of complaints against Bauer, but I've never heard a single negative comment about him from anyone," Armet added.
Yes, Bob, it's just the New York State Constitution. You wouldn't want to uphold that silly little document. If you don't like it, start pounding the pavement for a new Constitutional Convention. Also, just because no one took a complaint about a Republican judge to a Republican Councilman doesn't mean that there weren't complaints. Can he be that obtuse, or is it just his cover?
Then, of course, there's the Ignoramus-in-Chief:
"I think it is a terrible day in the city of Troy that a liberal commission in New York City goes against the will of the people of this city," said county Legislator Bob Mirch. "Hank Bauer is a good judge, a good person, a good family man and he did what was best for our city by being tough on the New York City drug dealers and because of that, today he paid the price."
Bobby, Bobby, Bobby. The Commission has offices in NYC, Albany and Rochester. At a glance, at least three of the commissioners are from this area. As for liberal? Yes, especially the Pataki and Bruno appointees. They are all liberal.
Which members are liberal? Even if they are "liberal", liberals like to see criminals go to jail as much as the next person. Lets kill two canards (that means lies, Bobby). Mirch probably can't even name any members of the Commission. As for soft on crime liberals, isn't it Republicans that want to see Sweeney Jr. get off scott free? Wasn't it Republican appointees that believed Mary Beth Anslow should be released early, despite the death of an innocent infant? Didn't the County back that decision?
If you can't grasp the actual issues in play with Bauer and the Commission, you're just talking out your Mirch. But then, Republicans never let facts get in the way before.
So, Commission on Judicial Conduct: most of the commissioners are Republican appointees and the people of the State of New York wanted the Commission.
That does away with those silly arguments.