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Friday, June 22, 2012

Action by the Commission on Judicial Conduct to remove a judge from office


Action by the Commission on Judicial Conduct to remove a judge from office
Matter of LaBombard,
11 NY3d 294

The New York State Commission on Judicial Conduct is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining the penalty to be imposed. The penalty could be "admonishment," censure or remove from office judges found to have engaged in unethical behavior. All determinations by the Commission are subject to review by the Court of Appeals.

The types of complaints that may be investigated by the Commission include allegations of improper demeanor, conflicts of interest, intoxication, bias, prejudice, favoritism, corruption, prohibited business or political activity, serious financial and records mismanagement, assertion of the influence of judicial office for the private benefit of the judge or others, and other misconduct on or off the bench. Allegations of physical or mental disability may also be investigated.

The Commission on Judicial Conduct found that the Honorable Dennis LaBombard, Justice of the Ellenburg Town Court, had engaged in serious judicial misconduct and recommended that he be removed from office. Judge LaBombard asked the Court of Appeals to review the Commission’s determination.

After plenary review of the record in this case, the Court of Appeals said that it agreed with the Commission's recommendation, holding that “the determined sanction of removal should be accepted.”

The Court’s decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_07990.htm

The Commission’s decision is posted on the Internet at:
http://www.scjc.state.ny.us/Determinations/L/labombard.htm


Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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