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New York State Commission on Judicial Conduct ♦ ♦ ♦ Commission Members Joseph W NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT ANNUAL REPORT 2021 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT ♦ ♦ ♦ COMMISSION MEMBERS JOSEPH W. BELLUCK, ESQ., CHAIR TAA GRAYS, ESQ., VICE CHAIR HON. FERNANDO M. CAMACHO (FROM 01-01-21) JODIE CORNGOLD HON. JOHN A. FALK PAUL B. HARDING, ESQ. HON. LESLIE G. LEACH (TO 12-31-20) HON. ANGELA M. MAZZARELLI HON. ROBERT J. MILLER MARVIN RAY RASKIN, ESQ. RONALD J. ROSENBERG, ESQ. (FROM 04-01-20) AKOSUA GARCIA YEBOAH ♦ ♦ ♦ CELIA A. ZAHNER, ESQ. Clerk of the Commission 61 BROADWAY CORNING TOWER SUITE 1200 400 ANDREWS STREET SUITE 2301 NEW YORK, NEW YORK 10006 SUITE 700 EMPIRE STATE PLAZA (PRINCIPAL OFFICE) ROCHESTER, NEW YORK 14604 ALBANY, NEW YORK 12223 (646) 386-4800 (585) 784-4141 (518) 453-4600 (518) 299-1757 (Fax) (518) 299-1757 (Fax) (518) 299-1757 (Fax) www.cjc.ny.gov COMMISSION STAFF Robert H. Tembeckjian Administrator and Counsel ADMINISTRATION NEW YORK CITY OFFICE Edward Lindner, Deputy Administrator, Litigation Mark Levine, Deputy Administrator Karen Kozac Reiter, Chief Admin Officer* Brenda Correa, Principal Attorney* David Stromes, Litigation Counsel Melissa DiPalo, Senior Attorney Michael Pawlows, Finance Officer Eric Arnone, Senior Attorney Richard Keating, Principal LAN Administrator Kelvin Davis, Staff Attorney Amy Carpinello, Information Officer Daniel W. Davis, Staff Attorney Marisa Harrison, Public Records Officer Stella Gilliland, Staff Attorney Latasha Johnson, Exec Admin to Administrator Adam B. Kahan, Staff Attorney Wanita Swinton-Gonzalez, Senior Admin Asst Alan W. Friedberg, Special Counsel Jacqueline Ayala, Asst Admin Officer Christina Partida, Investigator Miguel Maisonet, Senior Clerk Andrew Zagami, Investigator Andrew Fenwick, Investigator Lee R. Kiklier, Senior Admin Asst Laura Archilla-Soto, Senior Admin Asst Stacy Warner, Administrative Assistant ALBANY OFFICE ROCHESTER OFFICE Cathleen S. Cenci, Deputy Administrator John J. Postel, Deputy Administrator S. Peter Pedrotty, Senior Attorney M. Kathleen Martin, Senior Attorney Kathleen E. Klein, Senior Attorney David M. Duguay, Senior Attorney Ryan T. Fitzpatrick, Senior Investigator Stephanie A. Fix, Staff Attorney Laura Misjak, Investigator Betsy Sampson, Senior Investigator Letitia Walsh, Administrative Assistant Vanessa Mangan, Senior Investigator Courtney French, Administrative Assistant Kathryn Trapani, Senior Admin Asst Terry Miller, Secretary *Denotes staff who left in 2020 NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT 61 BROADWAY NEW YORK, NEW YORK 10006 646-386-4800 518-299-1757 TELEPHONE FACSIMILE www.cjc.ny.gov March 1, 2021 To Governor Andrew M. Cuomo, Chief Judge Janet DiFiore, 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, 2020. Respectfully submitted, Robert H. Tembeckjian, Administrator On Behalf of the Commission TABLE OF CONTENTS Foreword ............................................ ix Introduction to the 2021 Annual Report ............................. 1 Bar Graph: Complaints, Inquiries & Investigations in the Last Ten Years ........ 1 Action Taken in 2020 ....................................... 2 Complaints Received .................................... 2 Pie Chart: Complaint Sources in 2020 ........................... 2 Preliminary Inquiries and Investigations .......................... 2 Formal Written Complaints ................................ 3 Summary of All 2020 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: Surrogates .................................... 5 Table 6: District Court Judges .............................. 6 Table 7: Court of Claims Judges ............................. 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 2020 Determinations ............................. 8 Determination of Removal ................................. 9 Determinations of Censure ................................. 9 Determinations of Admonition .............................. 13 Other Public Dispositions ................................ 14 Other Dismissed or Closed Formal Written Complaints .................... 17 Matters Closed Upon Resignation ............................... 17 Referrals to Other Agencies ................................... 17 Letters of Dismissal and Caution ................................ 18 Assertion of Influence .................................. 18 Audit and Control .................................... 18 Conflicts of Interest .................................... 18 Delay ........................................... 18 Finances ......................................... 18 Inappropriate Demeanor ................................. 18 v Improper Ex Parte Communications ........................... 19 Political Activity ..................................... 19 Violation of Rights .................................... 19 Follow Up on Caution Letters .............................. 19 Commission Determinations Reviewed by the Court of Appeals ............... 20 Observations and Recommendations .............................. 23 Bias and Equal Justice in the Courts ........................... 23 The Commission’s Budget ................................... 28 Chart: Selected Budget Figures 1978 to Present ..................... 28 Conclusion ........................................... 29 Appendix A: Biographies of Commission Members ...................... 30 Appendix B: Biographies of Commission Attorneys ...................... 34 Appendix C: Referees Who Served in 2020 .......................... 38 Appendix D: The Commission’s Powers, Duties and History ................. 39 Appendix E: Rules Governing Judicial Conduct ........................ 48 Appendix F: 2020 Determinations Rendered by the Commission ............... 65 Matter of Gladys C. Branagan................................ 66 Matter of William A. Carter ................................. 71 Matter of Robert Cicale ................................... 82 Matter of David T. Corretore ................................ 87 Matter of Ralph J. Eannace, Jr. ............................... 93 Matter of Douglas E. Gardner ................................ 99 Matter of Howard Gerber ..................................103 Matter of Michael L. Hanuszczak ..............................113 Matter of Michael E. Knopf. .................................118 Matter of Ambrose P. Madden ................................126 Matter of Michael F. McGuire ................................131 Matter of Richard H. Miller, II ...............................197 Matter of Michael J. Miranda ................................224 Matter of Catherine R. Nugent Panepinto ..........................239 Matter of Matthew J. Parker .................................250 Matter of Wayne R. Pebler ..................................263 Matter of Michael A. Petucci ................................272 Matter of Diccia T. Pineda-Kirwan .............................282 Matter of William B. Rebolini ................................299 Matter of Matthew A. Rosenbaum ..............................304 Matter of Robert H. Schmidt .................................308 Matter of Marc A. Seedorf ..................................318 Matter of ShawnDya L. Simpson ..............................322 vi Matter of Michelle A. VanWoeart ..............................329 Appendix G: Statistical Analysis of Complaints ........................343 Complaints Pending as of December 31, 2019 .......................343 New Complaints Considered by the Commission in 2020 .................344 All Complaints Considered in 2020: 1,504 New & 231 Pending from 2019 ........345 All Complaints Considered Since the Commission’s Inception in 1975 ..........346 vii FOREWORD The coronavirus pandemic posed unprecedented challenges for the Commission on Judicial Conduct in 2020, as it did throughout state government and, indeed, the nation and world. As information became available regarding the rapid spread of the dangerous virus causing Covid-19, and after accelerated preparations in February for potential disruptions in the Commission’s operations, a “virtual” administration of the agency went into effect in March. Since then, nearly all agency business has been conducted electronically by staff operating in remote locations. Commission meetings, staff meetings, investigative interviews, depositions and disciplinary hearings have proceeded via remote video platforms. Documents have been disseminated and received by email as well as postal or courier services. Faxes transmitted to the office over telephone lines have been automatically digitized and rerouted to an electronic email in-box. As a result of these and other adjustments to business-as-usual, the Commission was able to keep abreast of its constitutional responsibilities. For example: • All 1,504 new complaints received during the year were processed. Many
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