New York State

Commission on Judicial Conduct

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Jan. to March 2008
 

 

NEWS RELEASE

COMMISSION ELECTS CHAIR and VICE CHAIR

March 31, 2008

 Contacts:

Thomas A. Klonick: 585-425-3310

Stephen R. Coffey:  518-462-5601

Robert Tembeckjian, Administrator: 212-809-0566 x333

The New York State Commission on Judicial Conduct has elected Thomas A. Klonick as Chair and Stephen R. Coffey as Vice Chair, for two year terms commencing April 1, 2008.

Judge Klonick serves as a part-time Justice of the Town of Perinton (Monroe County) and also maintains a law practice in Fairport (Monroe County).  He was appointed to the Commission by Chief Judge Judith S. Kaye in April 2005 and has been serving as Vice Chair since June 2006.

Mr. Coffey is a partner in the law firm of O'Connell & Aronowitz in Albany.  He was appointed to the Commission by Senate Majority Leader Joseph L. Bruno in April 1995.

Their biographies are available on this website at Commission Members.

Judge Klonick succeeds Raoul L. Felder as Chair.  Mr. Felder's term as a member of the Commission expires today.  He was first appointed to the Commission by then-Governor George Pataki in 2003.

MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member

Appointing Authority

Term Expiration

Raoul Lionel Felder, Esq., Chair

Former Governor George Pataki

March 31, 2008

Hon. Thomas A. Klonick, Vice Chair

Chief Judge Judith Kaye

March 31, 2009

Stephen R. Coffey, Esq.

Senate Majority Leader Joseph Bruno

March 31, 2011

Colleen C. DiPirro

Former Governor George Pataki

March 31, 2009

Richard D. Emery, Esq.

Former Senate Minority Leader David Paterson

March 31, 2008

Paul B. Harding, Esq.

Assembly Minority Leader James Tedisco

March 31, 2009

Marvin E. Jacob, Esq.

Assembly Speaker Sheldon Silver

March 31, 2010

Hon. Jill Konviser

Former Governor George Pataki

March 31, 2010

Hon. Karen K. Peters

Chief Judge Judith Kaye

March 31, 2010

Hon. Terry Jane Ruderman

Chief Judge Judith Kaye

March 31, 2008

Vacancy

Governor

March 31, 2011

 

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NEWS RELEASE

March 26, 2008

 

Contact: Robert Tembeckjian, Administrator: 212-809-0566 x333

The New York State Commission on Judicial Conduct has completed formal proceedings against Roland A. Beers, a justice of the Walton Village Court, Delaware County.  Pursuant to a stipulation, which the Commission accepted on March 12, 2008, the proceedings were discontinued and the case was closed.

Under the terms of the stipulation, Judge Beers waived the statutory provision of confidentiality applicable to Commission proceedings, to the limited extent that the stipulation would be made public.  The stipulation indicates the following:

bullet

The Commission served a Formal Written Complaint on Judge Beers on November 5, 2007, containing four charges.  The charges alleged that in three cases Judge Beers violated the rights of defendants and failed to effectuate the defendants’ right to counsel, notwithstanding that he had previously been cautioned for such conduct;

bullet

Judge Beers did not answer the Formal Written Complaint, and by Commission rule, failure to answer a Formal Written Complaint is deemed an admission of the allegations (22 NYCRR §7000.9[b]);

bullet

By letter dated January 11, 2008, Judge Beers resigned from judicial office, effective January 31, 2008; and

bullet

Judge Beers affirmed that he will neither seek nor accept judicial office in the future.

The stipulation and the Commission’s order closing the case can be found at the Commission’s website:   www.scjc.state.ny.us

Counsel

Judge Beers appeared pro se.  The Commission was represented by Robert H. Tembeckjian, Esq., Administrator and Counsel to the Commission, and Cathleen S. Cenci, Deputy Administrator for the Commission’s Albany Office.  Investigator Rosalind Becton assisted in the investigation.

Members of the Commission

The Commission members serve four-year terms.  A list of members is appended.

The Public File

The stipulation and order are attached.  They are also available for inspection during regular business hours at the Commission's three offices:

61 Broadway

New York, New York 10006

Corning Tower, Suite 2301

Empire State Plaza

Albany, New York 12223

 

400 Andrews Street, Suite 700

Rochester, New York 14604

MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member

Appointing Authority

Term Expiration

Raoul Lionel Felder, Esq., Chair

Former Governor George Pataki

March 31, 2008

Hon. Thomas A. Klonick, Vice Chair

Chief Judge Judith Kaye

March 31, 2009

Stephen R. Coffey, Esq.

Senate Majority Leader Joseph Bruno

March 31, 2011

Colleen C. DiPirro

Former Governor George Pataki

March 31, 2009

Richard D. Emery, Esq.

Former Senate Minority Leader David Paterson

March 31, 2008

Paul B. Harding, Esq.

Assembly Minority Leader James Tedisco

March 31, 2009

Marvin E. Jacob, Esq.

Assembly Speaker Sheldon Silver

March 31, 2010

Hon. Jill Konviser

Former Governor George Pataki

March 31, 2010

Hon. Karen K. Peters

Chief Judge Judith Kaye

March 31, 2010

Hon. Terry Jane Ruderman

Chief Judge Judith Kaye

March 31, 2008

Vacancy

Governor

March 31, 2011

 

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NEWS RELEASE

March 20, 2008

 

Contact: Robert Tembeckjian, Administrator: 212-809-0566 x333

The New York State Commission on Judicial Conduct has deter­mined that Duane A. Hart, a Justice of the Supreme Court, Queens County, should be censured.

In a determination dated March 7, 2008, the Commission found that Judge Hart engaged in several acts of misconduct between 2003 and 2005.  The Commission found that the judge improperly threatened an attorney with contempt, presided over a case in which he had a relationship with an attorney, denied an attorney’s request to make a record, granted a lengthy adjournment for a punitive purpose, and offered to testify on an attorney’s behalf in a disciplinary matter if the attorney testified for him. 

The Commission stated:  “The improprieties depicted in this record represent a significant departure from the proper role of a judge” and demonstrate “insensitivity to the high ethical standards required of judges.” 

Judge Hart was previously censured by the Commission in 2005.  In the recent decision, the Commission noted that all the misconduct in this case predated the earlier censure.  The Commission’s Administrator had recommended that Judge Hart be removed from office. 

The determination can be found at the Commission’s website:   www.scjc.state.ny.us  (On the home page, click on “Matter of Duane A. Hart.”) 

The Commission Proceedings 

Judge Hart was served with a formal written complaint dated December 1, 2006, containing six charges, and filed an answer dated December 19, 2006.  A hearing was held before a referee, Honorable Felice K. Shea, on May 17, 18, 22, 23, 24 and 25, 2007, in New York City.  The referee filed a report with the Commission dated October 16, 2007.  Oral argument was held on December 6, 2007. 

The Commission Determination 

The Commission filed a determination dated March 7, 2008.  Five of the six charges were sustained, in whole or in part, and one charge was dismissed.  Eight members concurred in the sanction of censure; one member, Stephen R. Coffey, Esq., dissented and voted for removal, filing a dissenting opinion.  One member, Richard D. Emery, Esq., filed a concurring opinion.  One member, Commission Chair Raoul Lionel Felder, Esq., was not present. 

Court of Appeals Review 

The Commission transmitted its determination to the Chief Judge of the Court of Appeals, pursuant to Judiciary Law Section 44, subdivision 7. 

A judge may either accept the Commission’s determination or, within 30 days from the date he received the determination, make a written request to the Chief Judge for a review of the determination by the Court of Appeals.  Pursuant to Judiciary Law Section 44, subdivision 7, if Judge Hart does not request review by the Court of Appeals, the Commission will censure him in accordance with the determination. 

If the Commission’s determination is reviewed by the Court of Appeals, the Court may accept the determined sanction, impose a different sanction including admonition, censure or removal, or impose no sanction. 

Statistics Relating to Prior Determinations 

Since 1978, the Commission has censured 266 judges in New York State, 77 of them full-time judges.  (More than two-thirds of the judicia­ry in New York State are part-time.)  The Commission has issued a determination of removal as to 158 judges and admonished 221 judges. 

The Court of Appeals has reviewed 85 Commission determinations.  The Court accepted the Commission’s sanctions in 71 cases.  Of the remaining 14 cases, two were increased from censure to removal, and twelve were reduced:  nine removal determinations were modified to censure, two censure determinations were modified to admonition, and one censure was rejected and the charges dismissed.

Counsel 

In the proceedings before the Commission, Judge Hart was represented by Lawton W. Squires, Esq., Herzfeld & Rubin, P.C., 40 Wall Street, New York, NY 10005, (212) 471-8500.  Robert H. Tembeckjian, Esq., Administrator, Alan W. Friedberg, Esq., former Deputy Administrator for the Commission’s New York City office, and Jean Joyce, Esq., Senior Attorney, served as counsel to the Commission.  Investigators Margaret Corchado and Jamie Rosenman assisted in the investigation. 

Members of the Commission 

The Commission members serve four-year terms.  A list of members is appended. 

The Public File 

The Commission's determination is attached.  The record of the proceedings upon which the determination is based is available for inspection during regular business hours at the Commission's three offices:

61 Broadway

New York, New York 10006

Corning Tower, Suite 2301

Empire State Plaza

Albany, New York 12223

 

400 Andrews Street, Suite 700

Rochester, New York 14604

MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member

Appointing Authority

Term Expiration

Raoul Lionel Felder, Esq., Chair

Former Governor George Pataki

March 31, 2008

Hon. Thomas A. Klonick, Vice Chair

Chief Judge Judith Kaye

March 31, 2009

Stephen R. Coffey, Esq.

Senate Majority Leader Joseph Bruno

March 31, 2011

Colleen C. DiPirro

Former Governor George Pataki

March 31, 2009

Richard D. Emery, Esq.

Former Senate Minority Leader David Paterson

March 31, 2008

Paul B. Harding, Esq.

Assembly Minority Leader James Tedisco

March 31, 2009

Marvin E. Jacob, Esq.

Assembly Speaker Sheldon Silver

March 31, 2010

Hon. Jill Konviser

Former Governor George Pataki

March 31, 2010

Hon. Karen K. Peters

Chief Judge Judith Kaye

March 31, 2010

Hon. Terry Jane Ruderman

Chief Judge Judith Kaye

March 31, 2008

Vacancy

Governor

March 31, 2011

 

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NEWS RELEASE

March 7, 2008

 

Contact: Robert Tembeckjian, Administrator: 212-809-0566 x333

The New York State Commission on Judicial Conduct has determined that David Ray, a Justice of the Brookfield Town Court, Madison County, should be admonished. 

In a determination dated February 26, 2008, the Commission found that Judge Ray convicted and fined the defendants in a code violation case in 2006, without a trial or guilty plea, based on ex parte information.

The Commission stated:  “It is the responsibility of every judge, lawyer or non-lawyer, to maintain professional competence in the law.” The Commission concluded that the judge’s handling of the case “reveals a misunderstanding of basic legal procedures” and “violates well-established ethical standards.”

The determination can be found at the Commission’s website:   www.scjc.state.ny.us.  (On the home page, click on “Matter of David Ray.”)

The Commission Proceedings

Judge Ray was served with a formal written complaint dated October 15, 2007, and filed an answer dated November 5, 2007.  The facts and the sanction were agreed to by stipulation.

The Commission Determination

The Commission filed a determination dated February 26, 2008, in which six members concurred.  Two members, Colleen C. DiPirro and Richard D. Emery, Esq., dissented on the basis that the disposition was too lenient.  Mr. Emery filed a dissenting opinion, in which Ms. DiPirro joined.  Two members, Commission Chair Raoul Lionel Felder, Esq., and Marvin E. Jacob, Esq., were not present.

Court of Appeals Review

The Commission transmitted its determination to the Chief Judge of the Court of Appeals, pursuant to Judiciary Law Section 44, subdivision 7.

A judge may either accept the Commission’s determination or, within 30 days from the date he received the determination, make a written request to the Chief Judge for a review of the determination by the Court of Appeals.  Pursuant to Judiciary Law Section 44, subdivision 7, if Judge Ray does not request review by the Court of Appeals, the Commission will admonish him in accordance with the determination.

If the Commission’s determination is reviewed by the Court of Appeals, the Court may accept the determined sanction, impose a different sanction including admonition, censure or removal, or impose no sanction.

Statistics Relating to Prior Determinations

Since 1978, the Commission has admonished 221 judges in New York State, 147 of them part-time judges.  (More than two-thirds of the judiciary in New York State are part-time.)  The Commission has issued a determination of removal as to 158 judges and censured 265 judges.

The Court of Appeals has reviewed 85 Commission determinations.  The Court accepted the Commission’s sanctions in 71 cases.  Of the remaining 14 cases, two were increased from censure to removal, and twelve were reduced:  nine removal determinations were modified to censure, two censure determinations were modified to admonition, and one censure was rejected and the charges dismissed.

Counsel

In the proceedings before the Commission, Judge Ray appeared pro se.  Robert H. Tembeckjian, Esq., Administrator, and John J. Postel, Esq., Deputy Administrator for the Commission’s Rochester office, served as counsel to the Commission.  Investigator Betsy Sampson assisted in the investigation.

Members of the Commission

The Commission members serve four-year terms.  A list of members is appended.

The Public File

The Commission's determination is attached.  The record of the proceedings upon which the determination is based is available for inspection during regular business hours at the Commission's three offices:

61 Broadway

New York, New York 10006

Corning Tower, Suite 2301

Empire State Plaza

Albany, New York 12223

 

400 Andrews Street, Suite 700

Rochester, New York 14604

MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member

Appointing Authority

Term Expiration

Raoul Lionel Felder, Esq., Chair

Former Governor George Pataki

March 31, 2008

Hon. Thomas A. Klonick, Vice Chair

Chief Judge Judith Kaye

March 31, 2009

Stephen R. Coffey, Esq.

Senate Majority Leader Joseph Bruno

March 31, 2011

Colleen C. DiPirro

Former Governor George Pataki

March 31, 2009

Richard D. Emery, Esq.

Former Senate Minority Leader David Paterson

March 31, 2008

Paul B. Harding, Esq.

Assembly Minority Leader James Tedisco

March 31, 2009

Marvin E. Jacob, Esq.

Assembly Speaker Sheldon Silver

March 31, 2010

Hon. Jill Konviser

Former Governor George Pataki

March 31, 2010

Hon. Karen K. Peters

Chief Judge Judith Kaye

March 31, 2010

Hon. Terry Jane Ruderman

Chief Judge Judith Kaye

March 31, 2008

Vacancy

Governor

March 31, 2011

 

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NEWS RELEASE

March 4, 2008

 

Contact: Robert Tembeckjian, Administrator: 212-809-0566 x333

The New York State Commission on Judicial Conduct has determined that Shawn W. Minogue, a Justice of the Wilmington Town Court, Essex County, should be censured.

In a determination dated February 21, 2008, the Commission found that in 2005 and 2006 Judge Minogue failed to deposit and report official monies in a timely manner as required by law, and dismissed a seat belt charge against her sister-in-law.

The Commission’s determination noted that that there was no indication that any funds were used for improper purposes, that all funds have now been reported and remitted, and that the judge had acknowledged her “lapses.”

The determination can be found at the Commission’s website:   www.scjc.state.ny.us.  (On the home page, click on “Matter of Shawn W. Minogue.”)

The Commission Proceedings

Judge Minogue was served with a formal written complaint dated August 21, 2007, and filed an answer dated September 20, 2007.  The facts and the sanction were agreed to by stipulation.

The Commission Determination

The Commission filed a determination dated February 21, 2008, in which eight members concurred.  Two members, Commission Chair Raoul Lionel Felder, Esq., and Marvin E. Jacob, Esq., were not present.

Court of Appeals Review

The Commission transmitted its determination to the Chief Judge of the Court of Appeals, pursuant to Judiciary Law Section 44, subdivision 7.

A judge may either accept the Commission’s determination or, within 30 days from the date he received the determination, make a written request to the Chief Judge for a review of the determination by the Court of Appeals.  Pursuant to Judiciary Law Section 44, subdivision 7, if Judge Minogue does not request review by the Court of Appeals, the Commission will censure her in accordance with the determination.

If the Commission's determination is reviewed by the Court of Appeals, the Court may accept the determined sanction, impose a different sanction including admonition, censure or removal, or impose no sanction.

Statistics Relating to Prior Determinations

Since 1978, the Commission has censured 265 judges in New York State, 189 of them part-time judges.  (More than two-thirds of the judiciary in New York State are part-time.)  The Commission has issued a determination of removal as to 158 judges and admonished 220 judges.

The Court of Appeals has reviewed 85 Commission deter­mi­nations.  The Court accepted the Commission’s sanctions in 71 cases.  Of the remaining 14 cases, two were increased from censure to removal, and twelve were reduced:  nine removal determinations were modified to censure, two censure determina­tions were modified to admonition, and one censure was rejected and the charges dismissed.


Counsel

 In the proceedings before the Commission, Judge Minogue was represented by Favor J. Smith, Esq., 2284 Saranac Avenue, Lake Placid, New York 12946, (518) 523-5817. Robert H. Tembeckjian, Esq., Administrator; Cathleen S. Cenci, Esq., Deputy Administrator; and Bruce D. Lennard, Esq., former Senior Attorney, served as counsel to the Commission.  Senior Investigator Donald R. Payette assisted in the investigation.

Members of the Commission

The Commission members serve four-year terms.  A list of members is appended.

The Public File

The Commission's determination is attached.  The record of the proceedings upon which the determination is based is available for inspection during regular business hours at the Commission's three offices:

61 Broadway

New York, New York 10006

Corning Tower, Suite 2301

Empire State Plaza

Albany, New York 12223

 

400 Andrews Street, Suite 700

Rochester, New York 14604

MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member

Appointing Authority

Term Expiration

Raoul Lionel Felder, Esq., Chair

Former Governor George Pataki

March 31, 2008

Hon. Thomas A. Klonick, Vice Chair

Chief Judge Judith Kaye

March 31, 2009

Stephen R. Coffey, Esq.

Senate Majority Leader Joseph Bruno

March 31, 2011

Colleen C. DiPirro

Former Governor George Pataki

March 31, 2009

Richard D. Emery, Esq.

Former Senate Minority Leader David Paterson

March 31, 2008

Paul B. Harding, Esq.

Assembly Minority Leader James Tedisco

March 31, 2009

Marvin E. Jacob, Esq.

Assembly Speaker Sheldon Silver

March 31, 2010

Hon. Jill Konviser

Former Governor George Pataki

March 31, 2010

Hon. Karen K. Peters

Chief Judge Judith Kaye

March 31, 2010

Hon. Terry Jane Ruderman

Chief Judge Judith Kaye

March 31, 2008

Vacancy

Governor

March 31, 2011

 

 *    *    *    *    *    *    *    *    *    *

 

NEWS RELEASE

February 19, 2008

 

Contact: Robert Tembeckjian, Administrator: 212-809-0566 x333

The New York State Commission on Judicial Conduct has determined that David F. Jung, a Judge of the Family Court, Fulton County, should be removed from office. 

In a determination dated February 13, 2008, the Commission found that Judge Jung deprived litigants of fundamental rights and showed “a systematic disregard” of basic legal requirements.

In cases cited by the Commission, Judge Jung terminated parental rights and imposed jail sentences on litigants who were not present because they were incarcerated or otherwise in custody, thereby depriving them of the right to be heard without ascertaining whether they had waived their right to be present.  The judge also denied counsel to litigants in support proceedings because he determined that their request for counsel was “too late.”  The Commission described Judge Jung as a “mean-spirited jurist…who is more concerned with fiscal matters than with protecting the rights of every litigant.”

While noting that the judge had modified his procedures somewhat in response to appellate criticism, the Commission cited his “insensitivity to the overriding importance of protecting the rights of litigants” as a compelling factor in determining that he should be removed from office.  The Commission concluded:  “The conclusion is inescapable that [the judge’s] future retention on the bench would continue to place the rights of litigants in serious jeopardy.”

 The determination can be found at the Commission’s website:   www.scjc.state.ny.us.  (On the home page, click on “Matter of David F. Jung.”)

The Commission Proceedings

Judge Jung was served with a formal written complaint dated December 6, 2006, and filed an answer dated December 22, 2006.  A hearing was held before a referee, Honorable Frank J. Barbaro, in Albany on April 26, 2007.  The referee filed a report with the Commission dated September 7, 2007.  Oral argument was held on November 2, 2007.

The Commission Determination

The Commission filed a determination dated February 13, 2008, in which six members concurred.  Two members, Marvin E. Jacob, Esq., and Honorable Karen K. Peters, did not participate.  Two members, Commission Chair Raoul Lionel Felder, Esq., and Colleen C. DiPirro, were not present.

Court of Appeals Review

The Commission transmitted its determination to the Chief Judge of the Court of Appeals, pursuant to Judiciary Law Section 44, subdivision 7.

A judge may either accept the Commission's determination or, within 30 days from the date he received the determination, make a written request to the Chief Judge for a review of the determination by the Court of Appeals.  Pursuant to Judiciary Law Section 44, subdivision 7, if Judge Jung does not request review by the Court of Appeals, the Court of Appeals will issue an order removing him from office in accordance with the Commission determination.  Removal automatically bars a judge from holding judicial office in the future.

If the Commission’s determination is reviewed by the Court of Appeals, the Court may accept the determined sanction, impose a different sanction including admonition, censure or removal, or impose no sanction.

Statistics Relating to Prior Determinations

Since 1978, the Commission has issued a determination of removal of 158 judges in New York State, 39 of them full-time judges.  (More than two-thirds of the judiciary in New York State are part-time.)  The Commission has censured 264 judges and admonished 220 judges.

The Court of Appeals has reviewed 85 Commission determinations.  The Court accepted the Commission’s sanctions in 71 cases.  Of the remaining 14 cases, two were increased from censure to removal, and twelve were reduced:  nine removal determinations were modified to censure, two censure determina­tions were modified to admonition, and one censure was rejected and the charges dismissed.

Counsel

In the proceedings before the Commission, Judge Jung was represented by Vincent Capasso, Jr., Esq., Capasso & Massaroni LLP, 215 State Street, P.O. Box 1088, Schenectady, New York 12301-1088, (518) 374-1800.  Robert H. Tembeckjian, Esq., Administrator; Cathleen S. Cenci, Esq., and Edward Lindner, Deputy Administrators; and Kathryn J. Blake, Esq., former Staff Attorney, served as counsel to the Commission.  Investigator Rosalind Becton assisted in the investigation.

Members of the Commission

The Commission members serve four-year terms.  A list of members is appended.

The Public File

The Commission's determination is attached.  The record of the proceedings upon which the determination is based is available for inspection during regular business hours at the Commission's three offices:

61 Broadway

New York, New York 10006

38-40 State Street (The Hampton Plaza)

Albany, New York 12207

 400 Andrews Street

Rochester, New York 14604

MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member

Appointing Authority

Term Expiration

Raoul Lionel Felder, Esq., Chair

Former Governor George Pataki

March 31, 2008

Hon. Thomas A. Klonick, Vice Chair

Chief Judge Judith Kaye

March 31, 2009

Stephen R. Coffey, Esq.

Senate Majority Leader Joseph Bruno

March 31, 2011

Colleen C. DiPirro

Former Governor George Pataki

March 31, 2009

Richard D. Emery, Esq.

Former Senate Minority Leader David Paterson

March 31, 2008

Paul B. Harding, Esq.

Assembly Minority Leader James Tedisco

March 31, 2009

Marvin E. Jacob, Esq.

Assembly Speaker Sheldon Silver

March 31, 2010

Hon. Jill Konviser

Former Governor George Pataki

March 31, 2010

Hon. Karen K. Peters

Chief Judge Judith Kaye

March 31, 2010

Hon. Terry Jane Ruderman

Chief Judge Judith Kaye

March 31, 2008

Vacancy

Governor

March 31, 2011

 

 *    *    *    *    *    *    *    *    *    *

 

NEWS RELEASE

February 19, 2008

 

Contact: Robert Tembeckjian, Administrator: 212-809-0566 x333

The New York State Commission on Judicial Conduct has completed formal proceedings against Elissa Y. Killian, an acting justice of the Liberty Village Court, Sullivan County.  Pursuant to a stipulation, which the Commission accepted on January 29, 2008, the proceedings were discontinued and the case was closed. 

Under the terms of the stipulation, Judge Killian waived the statutory provision of confidentiality applicable to Commission proceedings, to the limited extent that the stipulation would be made public.  The stipulation indicates the following:           

bullet

The Commission served a Formal Written Complaint on Judge Killian on January 12, 2007, alleging that the judge failed to report and remit fines and fees to the State Comptroller as required by law and failed to timely cooperate with the Commission’s investigation; there was no allegation that the judge misappropriated court funds;

bullet

Judge Killian filed an answer admitting in part and denying in part the allegations, denying that her conduct violated the Rules Governing Judicial Conduct, and asserting as a defense that her failure to report and remit funds was due to an antiquated computer system and insufficient bookkeeping procedures that were in place when she took office;

bullet

A hearing was scheduled for November 15 and 16, 2007, before a referee, Steven E. North, Esq.;

bullet

The scheduled hearing was postponed pending investigation of a new complaint alleging that Judge Killian had received a six-month stayed suspension from the practice of law from the Appellate Division, Third Department;

bullet

Judge Killian was served with a Second Formal Written Complaint dated January 2, 2008, which alleged inter alia that the judge failed to timely cooperate with investigations by the Committee on Professional Standards, that she was suspended from the practice of law in March 2007 for professional misconduct, and that such suspension reflected adversely on her fitness to serve as a judge;

bullet

Judge Killian acknowledged that she will not defend against the two pending Complaints;

bullet

Judge Killian affirmed that she will neither seek nor accept reappointment as an acting justice of the Liberty Village Court upon the expiration of her current term on April 1, 2008, and that she will neither seek nor accept judicial office or a position as a judicial hearing officer at any time in the future.

The stipulation and the Commission’s order closing the case can be found at the Commission’s website:   www.scjc.state.ny.us 

Counsel 

Judge Killian appeared pro se.  The Commission was represented by Robert H. Tembeckjian, Esq., Administrator and Counsel to the Commission, and Melissa DiPalo, Esq., Staff Attorney.  Investigator Jamie C. Rosenman assisted in the investigation. 

Members of the Commission 

The Commission members serve four-year terms.  A list of members is appended. 

The Public File 

The stipulation and order are attached.  They are also available for inspection during regular business hours at the Commission's three offices:

61 Broadway

New York, New York 10006

38-40 State Street (The Hampton Plaza)

Albany, New York 12207

 400 Andrews Street

Rochester, New York 14604

MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT

Member

Appointing Authority

Term Expiration

Raoul Lionel Felder, Esq., Chair

Former Governor George Pataki

March 31, 2008

Hon. Thomas A. Klonick, Vice Chair

Chief Judge Judith Kaye

March 31, 2009

Stephen R. Coffey, Esq.

Senate Majority Leader Joseph Bruno

March 31, 2011

Colleen C. DiPirro

Former Governor George Pataki

March 31, 2009

Richard D. Emery, Esq.

Former Senate Minority Leader David Paterson

March 31, 2008

Paul B. Harding, Esq.

Assembly Minority Leader James Tedisco

March 31, 2009

Marvin E. Jacob, Esq.

Assembly Speaker Sheldon Silver

March 31, 2010

Hon. Jill Konviser

Former Governor George Pataki

March 31, 2010

Hon. Karen K. Peters

Chief Judge Judith Kaye

March 31, 2010

Hon. Terry Jane Ruderman

Chief Judge Judith Kaye

March 31, 2008

Vacancy

Governor

March 31, 2011

 

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