"...any public officer who, upon being called before a grand jury
to testify concerning the conduct of his present office or of any public
office held by him within five years prior to such grand jury call to
testify, or the performance of his official duties in any such present or
prior offices, refuses to sign a waiver of immunity against
subsequent criminal prosecution, or to answer any relevant question
concerning such matters before such grand jury shall by virtue of such
refusal, be disqualified from holding any other public office or
public employment for a period of five years from the date of such refusal
to sign a waiver of immunity against subsequent prosecution, or to answer
any relevant question concerning such matters before such grand jury, and
shall be removed from his present office by the appropriate
authority or shall forfeit his present office at the suit of the
attorney-general.
The power of grand juries to inquire into the wilful misconduct of
public officers, and to find indictments or to direct the filing of
informations in connection with such inquiries, shall never be suspended
or impaired by law.
No person shall be deprived of life, liberty, or property without due
process of law."
Article XIII
"Public Officers"
Section 1-- Oath of Office "I
do solemnly swear (or affirm) that I will support the constitution of the
United States, and the Constitution of the State of New York, and that I
will faithful discharge the duties of the office..."
Section
5 -- Removal from Office for misconduct "Provision shall be made
by law for the removal for misconduct or malversation in office of all
officers..."
Section 13 -- Law enforcement & other
officers (b) Any district attorney who shall fail faithfully to
prosecute a person charged with the violation in his county of any provision
of this article which shall come to his knowledge, shall be removed from
office by the governor, after due notice and any opportunity of being heard
in his defense..."
2.
NEW YORK CRIMINAL
PROCEDURE LAW, ARTICLE 190
"The Grand Jury & its Proceedings"
Criminal Procedure Law 190.05 -- Grand
jury; definition and general functions. "A grand jury is a body
consisting of not less than sixteen nor more than twenty-three persons,
impaneled by a superior court and constituting part of such court , the
functions of which are to hear and examine evidence concerning
offenses and concerning misconduct, nonfeasance and neglect in public
office, whether criminal or otherwise, and to take action with respect to
such evidence as provided in section 190.60."
3. Articles of interest-- "Revealing
Misconduct by Public Officials Through Grand Jury Reports"
University of Pennsylvania Law Review, Vol 136: 73-140 (1987)
* * *
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