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2006 Annual Report.NYSCJC

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2006 Annual Report.NYSCJC ANNUAL REPORT 2006 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT * * * COMMISSION MEMBERS RAOUL LIONEL FELDER, ESQ., CHAIR HON. THOMAS A. KLONICK, VICE CHAIR STEPHEN R. COFFEY, ESQ. COLLEEN DIPIRRO RICHARD D. EMERY, ESQ. PAUL B. HARDING, ESQ. MARVIN E. JACOB, ESQ. HON. DANIEL F. LUCIANO HON. KAREN K. PETERS HON. TERRY JANE RUDERMAN * * * CLERK OF THE COMMISSION JEAN M. SAVANYU, ESQ. * * * 61 BROADWAY NEW YORK, NEW YORK 10006 38-40 STATE STREET (PRINCIPAL OFFICE) 400 ANDREWS STREET ALBANY, NEW YORK 12207 ROCHESTER, NEW YORK 14604 WEB SITE: www.scjc.state.ny.us COMMISSION STAFF ROBERT H. TEMBECKJIAN Administrator and Counsel CHIEF ATTORNEYS CHIEF ADMINISTRATIVE OFFICER Cathleen S. Cenci (Albany) Diane B. Eckert Alan W. Friedberg (New York) John J. Postel (Rochester) BUDGET/FINANCE OFFICER Shouchu (Sue) Luo STAFF ATTORNEYS ADMINISTRATIVE PERSONNEL Kathryn J. Blake Lee R. Kiklier Melissa R. DiPalo Shelley E. Laterza Vickie Ma Linda J. Pascarella Jennifer Tsai Wanita Swinton-Gonzalez Stephanie McNinch SENIOR INVESTIGATORS SECRETARIES/RECEPTIONISTS Donald R. Payette Georgia A. Damino David Herr Linda Dumas Lisa Gray Savaria INVESTIGATORS Evaughn Williams Rosalind Becton SENIOR CLERK Margaret Corchado Sara S. Miller Zilberstein Miguel Maisonet Rebecca Roberts Betsy Sampson IT/COMPUTER SPECIALIST Herb Munoz NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT 61 BROADWAY NEW YORK, NEW YORK 10006 212-809-0566 212-809-3664 RAOUL LIONEL FELDER, CHAIR ROBERT H. TEMBECKJIAN TELEPHONE FACSIMILE HON. THOMAS A. KLONICK, VICE CHAIR ADMINISTRATOR & COUNSEL STEPHEN R. COFFEY www.scjc.state.ny.us COLLEEN C. DIPIRRO RICHARD D. EMERY AUL ARDING P B.H MARVIN E. JACOB HON. DANIEL F. LUCIANO HON. KAREN K. PETERS HON. TERRY JANE RUDERMAN M EMBERS JEAN M. SAVANYU CLERK July 1, 2006 To Governor George E. Pataki, Chief Judge Judith S. Kaye and The Legislature of the State of New York: Pursuant to Section 42, paragraph 4, of the Judiciary Law of the State of New York, the New York State Commission on Judicial Conduct respectfully submits this Annual Report of its activities, covering the period from January 1 through December 31, 2005. Respectfully submitted, Raoul Lionel Felder, Chair On Behalf of the Commission TABLE OF CONTENTS Introduction to the 2006 Annual Report 1 Bar Graph: Complaints, Inquiries & Investigations Since 1996 1 Action Taken in 2005 2 Complaints Received 2 Pie Chart: Complaint Sources in 2005 2 Preliminary Inquiries and Investigations 3 Formal Written Complaints 3 Summary of All 2005 Dispositions 4 Table 1: Town & Village Justices 4 Table 2: City Court Judges 4 Table 3: County Court Judges 5 Table 4: Family Court Judges 5 Table 5: District Court Judges 5 Table 6: Court of Claims Judges 6 Table 7: Surrogates 6 Table 8: Supreme Court Justices 6 Table 9: Court of Appeals Judges and Appellate Division Justices 7 Table 10: Non-Judges and Others Not Within the Commission’s Jurisdiction 7 Note on Jurisdiction 7 Formal Proceedings 8 Overview of 2005 Determinations 8 Determinations of Removal 8 Matter of Laura D. Blackburne 8 Matter of Michael H. Feinberg 8 Matter of Glenn T. Fiore 9 Matter of Charles A. Pennington 9 Determinations of Censure 9 Matter of Richard N. Allman 9 Matter of JoAnne Assini 9 Matter of Vincent Barringer 9 Matter of Marie A. Cook 10 Matter of James P. Gilpatric 10 Matter of Thomas R. Glover 10 Matter of Duane A. Hart 10 Matter of Nilda Morales Horowitz 10 - i - Matter of Richard D. Huttner 11 Matter of Daniel L. LaClair 11 Matter of Diane A. Lebedeff 11 Matter of Donna M. Mills 11 Matter of John J. Pisaturo 11 Matter of John M. Voestch 11 Matter of Ronald C. Wright 12 Determinations of Admonition 12 Matter of Brian F. DeJoseph 12 Matter of William J. Gori 12 Matter of Richard S. Lawrence 12 Matter of James R. Pastrick 12 Matter of Gerald P. Sharlow 12 Other Public Dispositions 13 Matter of William Alton 13 Matter of James E. Brooks 13 Matter of Richard T. DiStefano 13 Matter of Roy M. Dumar 14 Matter of Matthew F. Kennedy 14 Matter of Joseph L. Thaxton 14 Dismissed or Closed Formal Written Complaints 15 Matters Closed Upon Resignation 15 Referrals to Other Agencies 15 Letters of Dismissal and Caution 16 Improper Ex Parte Communications 16 Political Activity 16 Conflicts of Interest 16 Inappropriate Demeanor 16 Failure to Adhere to Statutory and Other Administrative Mandates 16 Public Comment in Pending Cases 17 Audit and Control 17 Delay 17 Miscellaneous 17 Follow Up on Caution Letters 17 Commission Determinations Reviewed by the Court of Appeals 18 Matter of Michael H. Feinberg 18 - ii - Constitutional Challenges to the Rules Governing Judicial Conduct and Related Challenges to the Commission’s Procedures 19 Federal Litigation: Spargo et al. v. Commission et al. 19 State Litigation: Spargo v. Commission et al. 21 Observations and Recommendations 25 Public Hearings in Commission Cases 22 Suspension 24 Interim Suspension of Judge Under Certain Circumstances 24 Suspension from Judicial Office as a Final Sanction 25 Public Court Proceedings and Records 27 Judicial Campaign Ethics Center; New Campaign Education Requirements 29 Raising Funds for Civic, Charitable or Other Organizations 30 Potential Conflict in Cases Involving Local Legislators 32 Setting Bail in Only One Form 33 The Commission’s Budget 34 Responsible Budget Management 34 Chart: Budget Figures, 1978 to Present 35 Conclusion 36 APPENDIX Biographies of Commission Members and Attorneys 39 Referees Who Served in 2005 47 The Commission’s Powers, Duties and History 51 Rules Governing Judicial Conduct 63 Text of 2005 Determinations Rendered by the Commission 83 Statistical Analysis of Complaints Complaints Pending as of December 31, 2004 249 New Complaints Considered by the Commission in 2005 250 All Complaints Considered in 2005: 1565 New & 230 Pending from 2004 251 All Complaints Considered Since the Commission’s Inception in 1975 252 - iii - - iv - INTRODUCTION TO THE 2006 ANNUAL REPORT The New York State Commission on The number of complaints received by the Judicial Conduct is the independent agency Commission in the past 14 years has designated by the State Constitution to substantially increased compared to the first review complaints of misconduct against 17 years of the Commission’s existence. judges of the State Unified Court System, Since 1996, the Commission has averaged which includes over 3,400 judges and over 1430 new complaints per year, 400 justices. preliminary inquiries and 200 investigations. Last year, a record number of complaints The Commission’s objective is to enforce (1565) were received and processed, and a high standards of conduct for judges, who record number were investigated (260). In must be free to act independently, on the each of the last 10 years, the number of merits and in good faith, but also must be incoming complaints has been more than held accountable by an independent double the 641 we received in 1978. Yet our disciplinary system, should they commit budget has not kept pace – indeed, our staff misconduct. The text of the Rules has decreased from 63 in 1978 to 28 last Governing Judicial Conduct, promulgated year, when 260 investigations were by the Chief Administrator of the Courts authorized. (Budget data on pages 34-35.) with the approval of the Court of Appeals, is annexed. This report covers Commission activity in the year 2005. Complaints, Inquiries & Investigations in the Last Ten Years 1546 1565 1490 1600 1451 1435 1463 1403 1424 1308 1400 1288 1200 1000 800 641 600 492 479 462 471 451 415 394 340 352 366 400 255 242 235 260 215 215 208 203 170 192 172 200 0 1978 ~ 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 New Complaints (Left) Preliminary Inquiries (Center) Investigations (Right) 1 Action Taken in 2005 Following are summaries of the Commission’s actions in 2005, including accounts of all public determinations, summaries of non- public decisions, and various numerical breakdowns of complaints, investigations and other dispositions. Complaints Received The Commission received 1565 new to be clearly without merit, not alleging complaints in 2005, the most ever. misconduct or outside its jurisdiction, Preliminary inquiries were conducted in 366 including complaints against judges not of these, requiring such steps as within the state unified court system, such as interviewing the attorneys involved, federal judges, administrative law judges, analyzing court files and reviewing trial Judicial Hearing Officers, referees and New transcripts. In 260 matters, the Commission York City Housing Court judges. Absent authorized full-fledged investigations. any underlying misconduct, such as Depending on the nature of the complaint, demonstrated prejudice, conflict of interest an investigation may entail interviewing or flagrant disregard of fundamental rights, witnesses, subpoenaing witnesses to testify the Commission does not investigate and produce documents, assembling and complaints concerning disputed judicial analyzing various court, financial or other rulings or decisions. The Commission is not records, making court observations, and an appellate court and cannot reverse or writing to or taking testimony from the remand trial court decisions. judge. A breakdown of the sources of complaints New complaints dismissed upon initial received by the Commission in 2005 appears review are those that the Commission deems in the following chart. Other Professional (30) Commission (74) Anonymous (13) Other (20) Lawyer (93) Judge (9) Citizen (53) Public Official (13) Civil Litigant (612) Criminal Defendant (648) Complaint Sources in 2005 2 Preliminary Inquiries and Investigations The Commission’s steps as interviewing the attorneys involved, Operating Procedures and analyzing court files and reviewing trial Rules authorize transcripts. “preliminary analysis and clarification” and “preliminary fact-finding During 2005, the Commission commenced activities” by Commission staff upon receipt 260 new investigations. In addition, there of new complaints, to aid the Commission in were 191 investigations pending from the determining whether an investigation is previous year.
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