In July 1939 the New York state Governor Herbert H. Lehman received formal complaints from both the New York City Mayor Fiorello H. La Guardia and from Amen concerning the conduct of Judge Martin. Governor Lehman then ordered that a formal petition of impeachment be presented to the New York state senate. Under the provisions of Section 6, Article 9 of the New York state constitution the senate was empowered to remove a judicial officer after a two-thirds vote majority is obtained. This was the first time in seventy years that a request for the impeachment of a judicial officer had arisen in the history of New York.