New York Public Personnel Law: State Commission on Judicial Conduct determined a Town Court justice should be removed from office

October 23, 2023

State Commission on Judicial Conduct determined a Town Court justice should be removed from office

The State Commission on Judicial Conduct determined that a Justice of a Town Court committed certain acts of misconduct and should be removed from office, citing Article VI, §22 of New York State's Constitution and Judiciary Law §44.

In lieu of a hearing, the Justice entered into an agreed statement of facts indicating that he had:

[1] "Brandished a loaded firearm at a litigant who was waiting for his case to be called; and

[2] Engaged in "improper fundraising".

Finding that the "the record amply supports the conclusion that the Justice's misconduct 'transcends poor judgment' and warrants removal", the Court of Appeals held that the State Commission on Judicial Conduct's "determined sanction", removal from office, should be implemented.

Click HERE to access the Court of Appeals decision posted on the Internet.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.